Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-23
Therefore Charge Against Burt
Marsh is Revived.
WAS ARRESTED TODAY
Attorney Roote, in His Behalf Casts a
Reflection on County Attor-
uey's Office.

Burt Marsh, the attorney collector, Is
in trouble again, but his present diem
ma lis simply a rejuvenation of an old
score-a matter which had it's origin
in the wreck of a buggy containing a
man and another mans wife about a
year 6 and the injury of the latter
in the mixup. The woman's name Is
Mrs. Thomas Jones and that of her
companion, Fisher They were IN the
way to Crystal Springs. Jones, the
wountan's husband. knew nothing about
the ride until after the accident and
then he brought suit against Fisher for
$500 damages, employing Marsh to handle
the case. Before the matter came to
trial Marsh effected a compromise be-
tween the parties and is alleged to have
claimed to Allen that it was on a basis
OF something like SIS. which amount he
turned over to Jones. BY and by, how
ever, Jones and Fisher compared notes
on the deal and 1T was discovered that
Marsh had received 800 more than the
amount for which he had accounted to
Jones, and Jones had him arrested on a
charge of grand larceny While the ac-
tion was pending Jones left the city, GO
ing, 1t is alleged, to England. About
TWO or three weeks ago the case against
Marsh was dismissed by Judge Clancy
at the request of the county attorney,
the latter stating ITO the court at the
time that the complaining witness had
disappeared and 1T would be no use to
go to trial without him.
A few days ago Jones returned to
Butte and his appearance was the signal
for a resumption of operations against
Marsh.
This morning C. F. Kelly, chief deputy
to the county attorney, filed in Judge
CNancy's court another Information
against Marsh and asked that he not be
required to make public the name of the
defendant, adding that he was not UNI
der arrest. AS soon as it was filed Tn
der Sheriff Murphy, who was in the court
room, was given a warrant for Marsh's
arrest and, as stated, Marsh was taken
into custody.
This afternoon Marsh was taken be-
fore Judge Clancy for the purpose Of
having his bond fixed. The represent
ttatives of the county attorneys office
were busy elsewhere at the time and
some delay was occasioned. In the
interim Marsh vas placed in Jail.
About 2:3O o'clock Mr.. Kelley arrived
and Marsh was ushered from behind the
bars to the presence of the court.
Attorney Roote announced in behalf of
the prisoner that they were ready to give
bonds for Marsh and had sureties pres
ent. He also. stated that he a UNDER
stood the case to be one that had been
previously brought and dismissed by the
county attorney: that Marsh had been
employed by the DAILY faction of the
democratic party to collect evidence
against w. A. Clark n the suit had
| been dismissed, but since then conditions
had changed and the case had been
| again brought to light.
Mr.. Kelly began to respond warmly
and the Judge told him to stop, as he did
NOT a any discussion.
But Kelly did not care to stop.
II unqualifiedly object to counsel for
this defendant on any other defendant
casting a slur upon, the county attorneys
office that is not justified or merited,''
said Mr.. Kelly, a I want to enter a
protest against Mr.. Roote making that
assertion. That Clark and DAILY faction
fight stops when it reaches the county at
torney's office, for there either side can
get justice"
He then gave his reasons for dismiss
ing the first complaint against Marsh,
saying 1T was due to the fact that wit
nesses had disappeared.
The judge fixed Marsh's bond OF $500,
and J. r. Wharton and w. B.. Hamilton
signe it as sureties.
Marsh was turned loose.