The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-03-28
THE LApsED COURT.
Involuntary Continuance Of q
Large Number of OWL and
Criminal Cases.
Effect Upon Liti9ants and Grim
inal Defendants.
Another Term Next June.


Robinson called the attention of the
court to the fact that the term
had lapsed by reason of no legal con-
vening of the court having taken
place at the time to which the court
had been adjourned from Friday
evening last. The court decided that
until the point was raised in the
regular course of business, by parties
litigant, the matter would not be
considered. The court was therefore
regularly convened and a recess
taken until 2 p. M. At that hour the
court convened and the case of Sam
uel Stafford ct al. VS., VIM. Thomp-
son coming regularly on for trial F.
T. Mcbride of counsel for plaintiff
objected to further proceedings L thu
cas- On the ground that the court,
having adjourned on Friday last un-
til Monday at 9 2. m, the opening of
the court at that hour by the clerk in
the absence Of the Judge was illegal
and contrary to statutory provision,
and the term had therefore lapsed;
and authorities were presented to
show that in fact the court had now
no legal existence. The objection
was sustained by Judge Galbraith,
who decided that there had been no
legal session of the court since the
adjournment on last Friday evening.
Jurors and witnesses were therefore
discharged, and the term was aban-
doned. Although the present term
has been characterized by great expe-
diti0n of business, a large number
OF ase will 60 over in consequence
of the contretemps, but among civil
cases it is thought none of the liti-
giants will suffer any special incon-
venience, except perhaps the case In
re Utah & Northern Railroad VS..
Harry Gassert ct al, which was set
for trial on April I'd when the parties
to The suit upon both sides were ex-
ceedingly anxious for a trial of
issues.
Among criminal cases that Of the
Territory vs.. Manson T. Lobb alias
Six Shooter Jack, carrying concealed
weapons, goes over. The defendant
desired to plead guilty and serve the
sentence of the court out, but unless
he gives bail he will now linger in
Jail, waiting for trial, a longer time
than he would probably have been
to serve
Louis Dubost, the $1,000 robber,
who was convicted of grand
larceny and remanded until last
Saturday for sentence, will now re-
main in the county Jail until another
session of court can be regularly con-
vened and pronounce sentence. AS
the jury fixed his term of imprison-
ment at one year in the penitentiary.
his confinement in the meantime
cannot be taken into consideration in
passing sentence. Quite a number
of other criminal cases are pending,
but the defendants + UNI
der bail, or the cases have
been continued for the term in every
case except that of John McComis-
key, alias Sailor Jack, alias Nautical
Artilleryist, who is under indictment
for assault with intent to kill, and
will have to hold himself in patience
until the next term of court. The
time of converting another term will
be fixed by the associate justices who
will meet at Helena in a few days.
to the fact that the Deer
term meets in May it will
scarcely be possible to arrange for an
other term to convene here earlier
than the fourth Monday in May, and
and in order to fix a date ven that
it will be necessary to defer for
a week or two the meeting of the
Missoula term which should convene
on the fourth Monday in June.