The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-05-07
Gard.

~OAN
To the Editor Of the MINER:
In last evenings Inter Mountain
there appeared an article entitled
1.-THE Case of William Smith," in
which reflections r cast upon the
official action of Judges Galbraith
and Knox as well as upon the char
acter Of the woman who prosecuted
the said VIM. Smith. In this case
the writer appeared for the prosecu-
ton and consequently knows where
of he speaks.
VIM. Smith was arrested and tried
upon the charge of obtaining money
by false pretences from the complain
ing witness, and the evidence was
sufficient to satisfy the mind of any
fair-minded court or jury that he was
guilty. However the writer Is free to
confess that the charge should have
been larceny as bailee, which is a
greater crime than the one MI. Smith
was tried under, the latter being q
penitentlary offence, while the for
mer is an lndictible misdemeanor-
the case being one Of that character
which it is hard for a lawyer to de-
termine as to which class or under
which head the crime belonged.
Our statutes make it incumbent up
on the examining magistrate to hold
the accused to answer If there is
probable cause for believing there has
been q crime committed and even
though the complaint should call the
crime false p~retense in place of lar
ceny a q bailee I apprehend that
lawyers would agree that if the com>
plant is full enough rs to fairly ap-
prise the defendant what acts he was
being tried for, that it is sufficient in
such a case. that of a preliminary ex-
animation.
The intimatiop that Judge Gal
braith could not find time to hear q
a cas- of habeas corpus is simply non
sense to q lawyer. Judge Galbrailh
did examine the petition prepared by
Mr.. Duffy and I understand in
formed that gentleman that even if
all the facts of his petition should
he sustained that be should not con-
slider it his duty to re-
lease the defendant upon any such
a showing. The allegation that this
man Smith is deprived of his liberty
by Judge Knox without a shadow of
evidence is simply a falsehood and
known to be such by every man who
heard the evidence in the case.
His alleged insomnious condition
should be no excuse for him. have
no doubt that if Mr.. Smith will X
PLAIN fully his habits and mode of
life to the county physician be can
prescribe a remedy, and if he cannot
1 have no doubt that All Kane can.
Neither Judge Knox nor Galbraith
has been able to discover wherein
this innocent mans" innocence
consists as tar as the case
was submitted to the consideration
of their respective courts. If it is
true that Judge Galbraith cannot
find time since the confinement of
Mr.. Smith to hear his case on hubeas
corpus, as any other imprisoned par
ty, then there are other judges in
Montana that can. But such an as
sertion is ridi.ulously false and one
that no lawyer .4n be found credu-
lous enough toieelieve. Either of
these judges are too enlightened and
conscientious to be guilty of the helm
o,.s cri,ues charged against each. and
for the utterances of which, perhaps,
the writer in the Inter AOunt0sn, as
we'll as the controllers of the paper,
may and should be called upon to
explain in due legal form.
The assertion Of the Inter Noun
tain that she is a dissolute woman is
false. / have no doubt from letters In
her possession sent her since this &C.
ton was commenced, that this wom-
en- could prove a character from the
most respectable sources that would
compare very favorably with the
writer of the article above referred to.
There is an old adage ''that one
story is good until another is told,'
and there is smother, 'that he who
hears one side hears nothing" l
am not in the habit of trying my
cases in the newspapers and this
article is not intended to be thus
viewed. The accusations made
against Judges Galbraith and Knox
as we'll as those made against
au injured and wronged woman, a
stranger, but who, nevertheless, is
to-day earning her bread by the use
of her needle in a respectable family
of this city, is my excuse for appear
ing in print in a case wherein l have
been interested. W.O SPEER.
McDONALD'S BENEFIT.
A Crowded House and q Rafting
Exhibition.
The benefit given at the Comique
the other night to Mr.. Duncan Nc
Donald, who will fight Pete Mccoy