Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-07-07
BEFORE THE U. 5. COTMISSIONER

BEFORE THE U. s. COMMISSIONER.
The Preliminary Examination in the Pen
rose Case Again Postponed.
The adjourned hearing in the case OF the
United States VS.. Penrose came up yes ter
day before United States Commissioner r.
vine in the Probate Court room. There
were present as counsel United States At
torney Smith, OF Dillon, while Mr.. Haldorn
appeared for the defendant. County At
torney Dewitt was present as posecutingr
counsel in the Territorial case, which has
been postponed to await the result of the
present proceedings in the United States
case. Very few were present besides the
parties interested in the case.
Mr.. Smith made motion for further
continuance on account OF the absence of
the witness Halford, and read the return OF
the Marshal to the effect that he could not
be found.
Mr.. HaIdorn protested against any
further delay. The case had already once
been postponed and the defendant courted
the fullest and freesU investigation of the
charge against him, which he believed to be
entirely groundless. He quoted the return
of the Marshal showing that after diligent
search and inquiry had been made" the
whereabouts OF the witness could not be as
certained. He declared that it was unfair
that the defendant should be harassed in
mind by delays, besides by putting him to
expense, and wanted the inquiry TO pro-
ceed.
The United States Attorney replied that
although due diligence had been exercised
yet the marshal was confident of being able
to produce the witness if he were only given
time and il the defendant courted full in
vestigation that he ought rather to desire
the presence of the witness.
The counsel then held whispered con-
sultation, the result of which was that Mr..
Hadorn made statement to the court
consenting that the examination be post
poned until August1 Heeourted the fullest
inquire and admitted certain testimony
that the government counsel required to
prove. The same admission held good as
to the Territorial case.
Judge Sanders, OF Helena, was put on the
stand and bis testimony taken then 80 as
o dispense with his further attendance at
subsequent hearings. He testified that he
was the Police Judge Of the City of Helena
and the successor of Judge English, de-
ceased.
Mr.. Haldorn objected. 1t was technical
objection which he raised, he said, but he
wanted it noted by the Court in case he
might have to resort to habeas corpus pro-
ceedings. The objection is as follows:
THE DEFENDANTS EXCEPTIONS
j. G. Sanders, sworn as witness on part
of prosecution and examined by the United
States attorney as to whether or not he
was police magistrate OF the City of Helena,
Lewis and Clarke county, and if he was
not the successor in Office to Judge English
He ans W cred he was. A book was handed
to him and he was asked if that was the
docket of Judge English. He answered that
it was. Counsel for defendant objected to
any testimony by the witness on the
ground that he had not shown by the Ger.
tificaue of election or by any record his
right to the position or title Of Police
Magistrate.
Objection overruled.
| To which defendant excepts.
The examination of Judge Sanders 4
then resumed He produced the record o!
Judge English and read the marriage GER
tifcate entered by Judge English in his
| handwriting and identified the same as the
handwriting OF the deceased Judge.
Mr.. Haldorn eross-examined the witness