Montana oil and mining journal. [volume] (Great Falls, Mont.) 1931-1953, 1937-03-20

strument are: Ben Brumfield, piccolo
resulted in Berry and the others being
fined and sentenced to jail if they
didn't pay.
Berry and his men paid no attention
to the injunction. Then came war
rant for their arrest Fred Burr was
the sheriff and he brought the war
rant over from Deer Lodge to Bear
gulch himself.
He met Berry that night in Jim Tai
bots saloon.
"WhereIl you be in the morning,
Bill?" he asked.
ON the claim. at work, Of course"
I'm coming down to see you"
"All right, you'll find me at the
windlaSs."
Next morning Burr and Tom Beebe,
a constable, went to Berrys claim to-
gether. For some reason Burr had
given the warrant to Beebe to serve,
while he himself stood by.
The constable handed Berry the war;
rant.
Read it," said Berry I'm busy and
waiting below"
But Beebe's hands trembled so that
he couldn't read it. So Berry called to
the boys in the hole to stop work, and
he himself read the warrant.
Bill. you've got to CO." said the
I'VE can't do it," replied Berry.
Were so busy we have no time for
lawsuits. We can't 60"
Then I'll have to get men enough
to take you" said the sheriff
you can't find enough on Bear, ,"
replied Berry.
Then the sheriff asked that just one
of BerryS party go. Berry parleyed
with his friends. They decided no, that
none could spare the time.
AS Burr started back to Deer Lodge
alone, he asked If one of them would
come If the Judge made a fuss about
the matter. Berry told him to wait and
see if there was any fuss.
AS the sheriff disappeared from
sight Berry told his partners that the
next day about / O'Clock they would
see Burr coming down the hill on
gallop. They did.
Bill" he shouted as he slid his
lathered horse to a stop, get ready.
got he'll from the judge"
Il knew you would" replied Berry. |
Boys" he called to his partners, I'VE |
got to go with Fred"
Sheriffs Orders Obeyed
Get your horses ready" he said |
to Burr, land Wen start with you"
While Berry and his partners were |
getting their camp In shape to leave, !
Burr went to rustic horses to carry |
the party to Deer Lodge. At the min
ing camp he found Tobacco George |
with his pack train and the sheriff
hired six of his cayuSeS. The under
between the sheriff and To-
bacco George was that the horses were
to be ridden to the mouth Of Bear, from
where they would be returned to him,
and the party would take team the
remainder of the way to Deer Lodge.
But at the mouth of Bear there was
no team available and Berry and his
partners rode the horses all the way
to Deer Lodge. The bill for horse hire
was $50 and as Tobacco had told Berry
TO look out for his horses, the sheriff
paid Berry the $50 upon their arrival
at their destination.
Next morning the sheriff and his
prisoners reported at court In the log
courthouse. There were six in Berry's
party, all in their shirt sleeves, arms
bare to the elbows and with six-shoot-
erS strapped to their belts. The judge
1idnt even order the guns taken away
rom them. Berry had hired Lawyer
Jim Brown to defend him and his
friends. They had no defense, except
hat Berry said he didn't think the in
junction that had been served on him
Ndo ECAAUAAC DNS1tAoC WASH y SOtSCAA
I'D in legal form. The matter was dis
;ussed at length by the court and
counsel.
This is the first time in my ex-
said the judge finally, that
have encountered a group Of men
Who set themselves up against court.
But am disposed to be lenient."
He then fined them $50 each plus
;46 costs apiece and ordered them
allied until the fines and costs were
laid. The men walked from the court
DOM, mounted their horses and rode
Jack to Bear creek There was no Jail
nd the sheriff made no attempt to
estrain them. They paid neither fines
Tor costs.
Berry and his men worked all that
ummer on the claim unmolested. The
ext June, however, they were sum-
noned to appear to answer TO suit
He'd against them for possession of
he property. It was q jury trial and
he sheriff picked UP the first eight
nen he encountered on the street to l 1
orm the panel. One Of the men who
Iad had a similar case himself and Il
ettled 1t with q shotgun, hung the II
ury and &c was dismissed. Another
ury was empanelled. It heard the evi-
ence, was out 10 minutes and re-
lnned a verdict for Berry and his
artners.
Berry and his men worked the claim
be remainder Of tina summer, cleaned
, Of all It's gold, and abandoned 1t.