The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-08-23
SAD SCENES
IN COURTROOM
POOR PEOPLE HAVE TO GIVE
UP MONEY THEY
NEED.
Defendants in Land Fraud Suits APP
pear in Order That Date May Be
Set for the Trial Of Cases
Against Them-General
State News.
Especial to Inter Mountain.)

Especial to Inter Mountain.)
Helena, Aug. 23.-Many pathetic scenes
were witnessed in the federal court here
yesterday, when large number of the
persons charged with completely in land
fraud cases appeared. Nearly all Of the
defendants are very poor, and it en-
tailed a great hardship upon them to
spend the money necessary to come to
Helena.
Pleas in abatement We're filed by
Henry G. Stiff, counsel for the Bitter
Root settlers. Mr.. Stiff asked United
States District Judge Knowles to set tn
cases for trial as early in September as
possible.
Judge Knowles called the attention of
Deputy United States Marshal Charles
F. Gage to the fact that all of the per-
| sons upon whom warrants should have
been served had not appeared in court.
In reply Marshal Gage said: by way
Of explanation, l will say, your honor,
that Mr.. Dodds, one of the defendants,
| is an infirm person, and another, Mr. Nc
| Cornell, is a paralytic.
1T was the understanding that they
were to furnish the required bond, but
they are poor and probably have been
unable to do so; found one of the Nc
Councils keeping house, while his wife
was away working as a cook"
UNLESS the United States district at
torney comes to their relief, they will
have to be brought into court" said
Judge Knowles.
The government was given until Sep
TENDER to make an answer to the pleas
in abatement.
Before the defendants left the build
ing, United States District Clerk Sproule
informed Mr.. Stiff that a deposit of SO
| would be required from each of the de-
PENDANTS to cover the expenses that
might be incurred in the clerks office.
1t Is the law that the clerk may require
that amount or refuse to accept the
| papers filed by the attorney for a defend
ant, unless he makes affidavit that he
cannot pay the fee and sets forth what
he expects to prove, giving the govern
ment the key to his defense.
Mr.. Stiff consulted with his clients.
| Several of them carefully counted their
savings to see if they had money enough
to meet the demand. Some Of them
knew without counting that they did not
have $40.
1t was a small fortune to many Of
the men whose families at home in their
Bitter Root cabins need medicine, nurs-
ing and food.
1t was evident that few of them could
| produce that much money. What little
ready cash they could scrape together or
borrow from a sympa thetic neighbor
had been expended in railroad fare and
hotel accommodations while attending
court in Helena.
Il shall not insist upon that amount
from these poor people," said Mr..
Sproule, addressing his remarks to Mr..
Stiff. 80 far the costs will not exceed
81. If those who do not have $40 will
deposit 81 that will be sufficient now. 1t
will be understood that if further ex-
pense is incurred, they will be required
to produce the necessary amount to
cover it."
Forty-one men and women then lined
up to the counter in the United States
district clerks Office and paid the dollar
that will be returned to them by the
government if at the end of the trial il
: is found that they are innocent, and not
guilty of perjury. for which alleged crime
they are paying out of their scant purses
now to defend themselves against the
accusation.
If other papers are filed in their be-
half or if further expense is incurred IN
5 their defense in the clerks Office they
will have to foot the bills.
: Then they We're at liberty to return to
i their homes and wait until the time OF
trial. September 7, when they will have
to come again to Helena.
In the meantime counsel for the gov.
eminent and counsel for the settlers will
J. stipulate the time for making arguments
;. on the pleas in abatement.