Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1888-02-29
DOlNGS.
The Case of Martin as Viewed From the
Standpoint of The Miner COrresPOn-
dent-PersonaI and Otherwise.

oA
ANACONDA, February 26. Correspon-
dence of the Miner. 1.-The holding of Mar
tin for examination at Deer Lodge contrary
to well established precedent, and the de-
tiance OF judicial powers in the refusal OF
Deputies Hatton and Harnan to pay the
fines imposed on them for contempt OF
court by Judge Fitzpatrick, have given
rise to a legal medley, on the solution OF
which some OF the ahlest talent in the
Territory is now engaged. The questions
involved are very intricate, and it is stated
that the law is not cognizant OF a previous
Identical case. 1t is a fundamental prin-
ciple, that in the absence of written stat
utes, unwritten laws, deriving their
authority from traditional custom, shall
govern. From time mmemoriali it has been
usual to bring a cause for hearing to the
court where complaint was made, and
whence the warrant for arrest was issued;
and the legality of this mode Of procedure
has hitherto been unquestioned III Judge
Fitzpatrick has erred in %upholding this ss
the law, and insisting that the prisoner be
brought before him, he has erred with sew
eraI OF our most eminent legal lights
with whom he has advised on the
subject. Dul, leu us SuppOSc, vi IL edhc
of argument, what Hatton and Harnan
profess to believe, namely, that this was
an error Of Judgment on the part OF Judge
Fitzpatrick. Can this supposition excuse
or paIliate their offence, in creating a dis
turbance in a court room; in pulling a gun
to prevent resistance, as they assert, where
no show of resistance was made? The
Judge merely acted within his right in de-
manding that the warrant for the arrest OF
the witnesses, presumably present in COURT
be shown him; and who shall say that
Under Sheriff Hatton acted as lawfully in
producing a six-shooter as his warrant?
The New Northwest presents as a reason
for holding the examination in Deer Lodge,
the expense which would be saved to the
county. How is this possible when the
witnesses are all residents OF Anaconda?
Their mileage alone will amount to no in
considerable sum-. The people OF our city
have borne with this discrimination by the
county officials iu favor Of Deer Lodge, to
the detriment Of Anaconda, 80 long as they
intend to; and now hat the selfshness OF
the Deer Lodges has oyerstepped the ordi-
nary bounds, it is high time to make a Wig
orous protest. ,s.:T
The two Gebbuties are, we believe, nomi-
nally under, arrest, but virtually at large.
In default Of payment OF their fines, they
stood committed, and we're turned over by
the Coroner to the Sheriff, h has prob
ably released them on parole until the
Territorial Supreme Court has passed upon
their case.
A meeting of the old members Of the
Amateur Dramatic Club and those who
favor its continuance was held on Friday
evening at Mrs. Matthews for the purpose
OF arranging for the production OF some
more OF those delightful performances with
which they last winter entertained US.
Everyone admitted the idea good; but
nothing definite will be done until their
next meeting.
John Mcguire, who Was in town
Thursday, informs us that Anacondians
viii be given an opportunity to admire the
beauty and the grace OF the famous Jersey
Lily, aud to. judge for ourselves the validity
of her claims as an artistic. Much specula
ton as to whether Freddie will accompany
her is INDUCED in. We also learn that the
eminent ~tragedians, Lawrence Barrett anc
Edwin Booth, will appear here within tn,
next lew months. Verify, we are abreast
OF the times even in the refinements o
ciVllizatlon. We certainly owe our hanks
10 MI. Magnlre for the theatrical treats
he romlse us. In the fell stroke by which
the unreleDtlng sword OF death has cut of
IN his prime from a career where he had be
come universally esteemed, Conductor
Frank Minty. much sympathy is felt her,
with the General, his father, who in hi
short residence amongst us, has, by hi
courteous and honorable bearing made
host Of friends. We regret to state tina
tins is not the only cause for grief the Gen
eral has, a younger son living at Ogdel
having had his leg broken by a kick from
house about IA week since.
Messrs. G. w. Gould and j. c. Kepple
spent a few days o, last week at Gregson'