Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-11-13
iHB COURT SURPRISED.
A Highly Sensational Drama
Enacted in a District Court.
Yesterday Afternoon.
Judge DeWoIfe Requested tic
Step Down by Two Elk
cited Successors.
From saturdays Daily.

Affairs in the district court took a grave
turn yesterday afternoon, and the deooue.
ment that ensued threw attorneys, litip
sants and spectators on beam end for a
time, and left lingering in it's wake a vague
doubt as to whether or not there is any
court in existence. The legal machine was
all torn up and still remains in q state
bordering on chaos. The trial OF w. II.
Veuneday, in which defendant is being tried
or embezzlement, vas in progress, and
everything was moving on in q quiet way.
when the proceedings we're suddenly arrested
by the abrupt appearance of Messrs. Nc.
Hatton and Hamilton contestants for
the position OF district Judge for this dis
trict, vice his Honor, Judge DeWolfe, whose
termit was assumed, hadexpired owing to
the issuance OF the presidential proclama.
ton merging Montana from the swaidlin
clothes OF q territory into the habiliments
and dignity OF q State. Even while the
territorial chrysalis was shending its shell
and spreading the wings Of statehood,
Levi Hamilton, the Republican aspirant
for judicial honors, rushed into the clerks
office and filing his official oath, bolted up
stairs headed for the district court room,
where an important criminal trial was in
progress, determined, il possible, to seize
the judicial ermine and seat himself on tie
dais OF Justice. His competitor, j. j..
Notation. the Democratic candidate, who
had received an honest election to tn dis
trict bench, had received warning OF Ham
ilton's intention, AMI was promptly on
on hand, armed with u certificate OF Ell c.
ton issued by the county clerk. Both gen.
tlemen presented themselves before Judge |
De Wolfe and presented their cre-
d~entials, Hamilton's being a GER
tifcate issued from the sec.
rotary OF state, and based upon the |
fraudulent action OF the state canvassing
board. Each presented his certificate and
handed them to Judge DeWolfe, accom-
panied with a request that he act upon
them and surrender his position to one or
the other OF the claimants.
The situation must rave been one OF
serious embarrassment 10 the presiding
Judge, and for q moment he was placed in
an anomalous position. Judge DeWolfe
could not for q moment entertain apropo-
otOAOu AoOAAh6 w q W uuO uud L
ter, and yet he labored under visible
doubt as to the propriety OF retaining the
position OF judge under the circumstances.
He Dol the two certificates, and calling
for a cessation OF court proceedings, gave
them careful scrutiny. Then he relapsed
into deep thought, from which he aroused
himself to the situation to at.
torneys at the bar. This was the first
intimation the spectators in the room
had roOoiuaA nf tho condition If |
affairs, and as though prompted by a com.
MOI impulse, the audience left their seats
and crowded to the railing which divides
the spectators from the officers, lawyers
and litigants. In the excitement OF the
moment, q number of long, lean, lank spec.
tators crowded against the railing, and
craning their necks forward, dropped their
lower jaws until their dinners were visible.
At this juncture Attorney Stapleton for
tho prosecution addressed the court. He
dsplored the tangle into which the judicial
machinery had become involved, and sug-
gested that in view OF all important trial
then in progress and owing to the grave
complications likely to arEe in the event OF
Judge DeWolfe vacating the bench at this
time that both contestants withdraw their
certificates and permit the contest to re-
main in allegiance until the conclusion OF
the trial. This proposition was ably sec.
OAOON ny oOOONA"OS NONASSf "Ao
argued that to carry out
the proposed programme would involve a
dissolution OF the court, the dismissal oil
the jury and the discharge or release OF the
defendant on trial. He maintained that
the defendant. Venneday, having been
once placed in jeopardy could not again be
brought to trial a second time for the same
offense.
Attorney Cole, representing the defense,
grasped his opportunity and took mmedi-
ate advantage OF the situation to air his
views. He stoutly insisted that the con-
testing candidates having presented their
credentials, all that was left for Judge De
Wolfe to do was to vacate the bench.
''There is no court" exclaimed the chubby
attorney, "and any act performed by
Judge DeWolfe will certainly be void and
illegal. All that remains now is to dismiss
the Jury and release the prisoner. main.
tain that this is right and will rest the
cause of my client here" AS the corpu.
lent little lawyer subsidei into a chair,
with q look OF ewlish wisdom mounting his
facial anatomy, attorneys from all parts
OF the room, huddled together in little
groups and excitedly discussed the di-
lemmR. Il
In the midst OF the animated buzz OF
discussion, Hon. Hiram Knowles, attor-
ney for the c~anvassing board, strobe
inside the railing with all the strut OF q
turkey gobbler, and pitching his falsetto
voice in q four-story key, exclaimed: 1.-The
court has gone out Of existence, and it's
acts are hereafter illegal. The sheriff is
under no obligation to further obey
Its orders. II Venneday is convicted
and imprisoned, and the sheriff incarcer-
ates him, the sheriff will lay himself liable
to an action for false imprisonment"
Having delivered himself OF the ponder
GUS chunk OF legal wisdom, the gentleman
Waddled over toward the clerks desk and
mopped the p~srspiration from his Webster
ian brow.
Judge DsWolfe maintained his usual dig
nifty during all the excitement, but finally
growing weary OF Republican swagger,
commanded silence in the room. he tnen
reviewed arguments OF attorneys pro ana
con, and concluded by stating that as
there were two contestants for the office
and as the contestants had agreed to with
draw their certificates, thus leaving him IN
the position OF possessing no official knowi.
edge OF their presentation, he would pro-
coed with the trial then pending. "Furtn,
err" remarked the judge. lit u proVloeo
that l can hold the position until my sue
cessor is elected and qualified. here are
two candidates. II is not for me to decide
which is the riehtfUl claimant. Therefore l
shall regard it as my duty to preside at
least init the trial ia concluded. shall
not attempt to try any other cases. The
attorneys may proceed" ~
The court again resumed Its iuncti Th
and the legal mill began to grind. the
Venneday case will close to-day, after which
court win adjourn until Tuesday next
pending a settlement Of the existing dill
Guilty. r
The decided stand taken by Attorney
Cole with reference to q dissolution OF the
court, was without doubt inspired by an
attorneys interest in his client, who, II IN
the event the attorneys position Is SUE
tanned by the supreme court to which, ~ Is
said, the matter will be appealed, will then
be placed beyond further jeopardy.
venneday Found Guilty.
The trial of W. II. Venneday, recently
agent for the Pacific Express company Tor
embezslement, was concluded before Judge
Dewolie, yesterday. He was charged WIN
having appropriated $67l OF the com
k1, ha.pn ont all night