The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-11-22
LATE PAUPERS
NOW VEAL THY
PRISONERS EXPERIENCE SUDDEN
CHANGE OF FORTUNE.
a8LE TO RETAIN COUNSEL
Buckley and West Spring Surprise on
Judge Loud and County
Attorney.

Although when arraigned they |
claimed to be without means to en-
1Aloy counsel and asked the court to
appoint some one to defend them, Ed
ward Buckley and William West, the
convicted safe robbers, when ar
raigned for sentence last Saturday al
ternoon surprised every one by having
lawyer, other than the one who de-
Tended them, appear in court and give
oral notice of a motion for new
trial. The proceeding, in view OF the
former claim of pauperism set up by
the men, caused the court to look up
in surprise and brought out vigorous
protest from the county attorney.
Both men were tried last week. In
the case of Buckley the jury left the
| matter of sentence to the discretion OF
the judge. In Vests case the jury
fixed the punishment he should un-
dergo at three years in the peniten-
tiary. The two were brought before
the court Saturday afternoon for
formal sentence. When his
honor called the name of Buckley and
ordered him to advance to the bar to
receive the courts judgment, H. &.
| Crippen arose and said he had been
| retained by both of the defendants to
appear for them and gave notice OF
motion for new trial and asked 80
! days in which to prepare and file
bill of exceptions.
| Mr., Harris, who prosecuted the fel-
lows, protested against such action,
saying it was manifestly unfair that
men should be permitted to be defend
ed at the cost of the county and when
convicted appear in court and say that
they had retained counsel to fight the
case and demand rehearing. Mr..
Crippen merely smiled and informed
the county attorney that he would not
have the trouble to prosecute the
men again, as he would be out OF OF
fee when their case came up anew.
Judge Loud said nothing, but pro
ceeded to sentence Buckley and
asked him the usual question as to
Why sentence should not be passed
upon him at that time. In reply the
;,risoner said he he'd not had a fail
trial: that he was innocent and woul(
demand a rehearing, having retained
: a lawyer for that purpose.
: The court answered that this was III
valit, excuse, as jury has heard thu
testimony and found him guilty. Al
that remained for the court to do wa
> pronounce Judgment. 1t was evlden
> that Judge Loud believed as the jur!
did, for after informing Buckley tha
under the law he could sentence hin
from one to Is years at hard labor il
the states prison, he formally sen
fenced him to 10 years Imprisonment
Buckley did not finch. After h
had reseated himself he spoke earn
estly a few moments to West an
: then was seen to break out in
hearty laugh, in which his companlo
II ioiued. West was next called up an
a sentenced in accordance with the vel
m dict of the jury that tried him.
" NO stay of execution was asked i
" either case and the notice for ne'
IL trial was entered upon the minutes.
Is Pleads Not Guilty.
le Contrary to expectations, job
a. Fisher did not enter a plea of guilt
is when arraigned on the informatlo
d. charging him with grand larceny. Hi
n attorney, appointed by the court, Lo
e. w. Chapple, said that they were M
S. prepared to admit the value place
upon the article stolen by Fisher,
e. upon this depended the plea.
cd Fisher is charged with having take
as an otter cape from Mrs. w. L. Linto
IN valued considerably above $50, whle
Isl subjects the accused to punishmel
sr- for grand larceny if found guilt
lb- Fisher was arrested after lo1
chase, with the stolen cape in h
possession. At the time he wanted
lc- plead guilty, saying there was no hol
,st to escape punishment. The justice
re the peace before whom he was
sg- raigned lacked jurisdiction and he
him to the district court.