Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-08
RANCHMEN
ARE At WAR
TRIAL OF AN INTERESTING CASE
NOW IN PROGRESS IN U. S.
COURT
GREW OUT OF BANK
RUPTCY PROCEEDINGS.
It Is Alleged the Defendants Beat 4
Custodian Who Was Placed in
Charge of Property.


charge of his duties.
All three ranchmen. and Jones was
a soldier in the Philippine islands The
trouble grew OUT of a bankruptcy case,
the STATE National bank o. Dillon in
stituunS involuntary bankruptcy pro-
ceedinSs against Alfred Hatton, whose
postoftice address is jackson. Montana.
Deputy United States Marshal Da"e
Meiklejohn served the papers and took
possession of the defendants ranch ami
property in the Big Hole basin, and
placed William $. Willard, neighbor>
ing rancher in charge of the pace a.
custodian. The latter alleges that Jones
gave him beating after he had been
on the ranch for some time and then
ran il.m off the property.
! Sanders 4 Sanders appeared this
morning on behalf of the custodian, an
III behalf of their client f1led an affidavit
S>ting forth the alleged facts leading
up TO the trouble He alleges that he
! entered upon his duties on February :,
and took charge as custodian of 6l0
acres, 1873 head OF cattle and $50 tons
of hay. He employed one john O'Don-
nell to assist him in feeding the stock.
| There is only one habitab.e house on tie
premises OF Hatton. Where they
! journed during the cold weather. On
the morning Of February II he fed the
stock and in counting them found there
We're two missing. having disappeared
the previous night. He examined II.
ground. which was covered with snow,
and found footprints of cattle leading 10
! the premises Of II. c. Lapham. indi
eating that The cattle had been led there,
! about six or seven miles distant.
/ On February Is Weiland received a
letter from Claude Lapham and ette.
from Alfred Ha,ton notifying him to get
out of the house and to stay out. Claude
Lapham, he says. was instructed -
knock the affiant down With a chair
\'<o that they intended to bother and
/ harass him and run the cattle off one
! by one: that Claude Larham son of H..
! {. Lapham, is alleged to have made Il
pretended ana fraudulent purchase OF
the cattle.
on February is he says Oliver Jones
violently slruck him in the face with
his fist. knocked him down and repeat
! el,y struck him in the face.
/ Willard left the premises ana being
afraid of further bodily injury did not
SO back.
In answer 10 the fiilavit, Femberton
& Maury, representing the detendan $.
filed "A counter affidavit, in which TIE
defendants admit all the allegations of
the custodian with the exception that
| Willard was the aggre ssor n the fight
ana that Jones simply acted in self
defense in the encounter between the
/ two men.
Deputy Marshal Meiklejohn was the
first witness placed on the stand, and he
testified that he took charge of the
/ bankrupts estate on the morning Of
February s. The estate consisted of the
,.aY, in "a
barns. 103 head of common cattle and 81
head of stock cattle, hay and ranch i'm
plements. He went out to the. rancii
with Alfred Hatton. the bankrupt, ana
William s. Willard. He placed the lat
ter in charge as custodian. Claude Lap
ham at the time was feeding the stock
and the marshal read the warrant OF
attachment to him. He said that Ny
Hattoa had told him that the lettel
written by him and referred to in tbs
affidavit, was written upon the advice
Of a lawyer at Dillon.
John ODonnen was the next witness:
and told the story of the assault which
occurred on the 18th. He said tina
Jones jumped Willard without provoca
ton and beat him until he was tired
Willard had made no threats While
Jones was beating the custodian ODon
nell spoke to him several times am
told him what he was doing but Jone
told him to shut up and keep back a
. the same time reaching for gun. TIL
witness took the action to mean tina
he was not to interfere and he did not
O'Donnell next sprung somewhat of
sensa ton showing that II. c. Laphan
father of Claude had endeavored t
bride him to testify favorable to the de
! Tense and in part had succeeded. Tn
7 al t1,o
ness. asked him if he did not want to g
east and the witness answered in tn
affirmative. Lapham then told him tina
e. he would give him $50 and that Hattie
would give him another $50 if he Woui
testify as I.apham directed. The test
mOny that he was to give was to the ef
feet that the three men We're in tn
house on February II and Willard use
threats and Jones only acted in self dc
Tense. The witness said that Laphal
afterwards gave him S. in Jackson an
later in the day in the presence of
bartender gave him 50 more and /
treated I.apham with his own none,
He was to get the rest when he arrive
in Butte After arriving in Butte
asked for the balance of his money an
Hatton said that he would first ha,
to see his attorney. The attorney az
viSed him not to give Lapham a cent.
O. Donnell testified further that {
February 20 HattOn cursed Willard al
said that he did so for the purpose
getting into another row: that Claut
would start the ball rolling and that
case he was unable to cope with the Gu
tOdian alone. Jones was to get in al
help him out. Witness said that Ha
ton remarked that Jones had licked Il
custodian once and that the latter h:
two more COmi[G.
Willard next took the stand and to
of the trouble saying that the alta,