Daily Yellowstone journal., 1890-02-08
A Senatorial Corpus.
Miles City Lawyers Spend the
Day in Fighting for its Pos
session and Custody.
But a Helena Sheriff Drops in at
an Opportune Moment and
Gets the Prize.
BECK ER's BODY


Was the Subject Of Much Argume stafion In
Court Yesterday.
For nearly twenty-four hours Miles
City has been the most important
point In the state, the Cause of this
sudden interest being manifested In
our goings on being the trial of the
habess corpus case involving the lib
erty ef Senator w. s. Becker, of Dsw-
son county. As is now generally
known, the eight democratic senators,
acting in concert, left Helena on We'd
nesday, five of them, including sena-
tor Redd of Custer, going west, and
three, to-wit: Becker, Mcnamara
and Hoffman, taking the eastern
route. /. is believed that 10 emuIa-
ton of Nelly Bly, they all stated on
trip around the world, though not
like that enterprising young lady,
hoping or expecting to make the cir
cut in quick time. On the contrary,
influenced by the thunder of discon-
tent that has been awakened by their
actors from both friend and foe, they
probably deemed it expedient to alb
sent themselves until the familiar ad-
vertisement, Return aud all will be
forgiven" might appeur. What may
have befallen the quintette who start
ed toward the setting sun we know
not, but for the trio who were from
the west and travelling east the path
way was not smooth, at least for one
Of them. At Glendive. almost on the
confines of the friendly principslity OF
North Dakota, the train was boarded
by one Joel Glesson, Q plain, every
day sheriff, In whose bailiwick the
train then was. Sheriff Gleason had
previously received telegraph. in
strurtions as follows:
HELENA, Feb. 8, 1890.
J. GLEASON, Sheriff:
BY order of the state senate this day
entered upon Its journal, you are in
structed to take into custody the fol-
lowing named senators absent without
leave there followed the names of the
eight democratic senators) and 10 pre-
sent them forthwith at the bar of the
senate.
The foregoing was signed by Lieut.
Gov. Richards and attested by the
secretary Of the senate.
OF the eight persons named Sheriff
Gleason personally knew but one,
Senator Becker OF Dawson. on whom
he placed the OBTAINING hand Of the
law without delay. He msde numer-
Gus enquiries for the others, and al
though Senators Hoffman and Nc.
Namara were then and there present,
no one would or could identify them
as being the particular malefActors
named In the order Of arrest, and 10
they were permitted TO continue their
journey into and through the land
where II will soon be long time be-
tween drinks. For the present, how
ever. they were safe both as to the eL-
joyment of personal liberty and liquid
refreshment. With Mr.. Becker the
case was different and he was reluc-
tantly compelled to retrace bis jour.
ney westward. Remembering that
there was In Miles City champion of
the down-frodden rights Of the igno-
bic eight, Mr.. Becker apprise1 him
(Mr. Middleton) OF hisunfortunate pre-.
dicsment and probably quoted the
immortal Roman when be said,
"Help me Cassius or I sink.n In re-
sponse to some such appeal Mr.. Mid
dleton was on hand on the arrival OF
the west bound train on Thursday
evening. armed with what was claimed
to be q writ Of habeas corpus, which
paper he caused to be read to Sheriff
Gleason with such marked effect that
the sheriff disembarked with his
charge. The alleged writ required the
production Of the body Of Senator
Becker before his honor Judge Nil.
burn ut 10 o'clock esterday morning,
then and there to show cause Why the
said body was forcibly restrained from
floating hither and thither at its own
sweet will.
At 10 O'Clock yesterday morning
Judge Milburn announced the OPEN
ing. Of court In chambers 10 hear the
matter at issue. Middleton opened In
Q brisfspsech settling forth the melIts Of
his case. denying ths authority Of
Sheriff Gleason TO make the arrest and
moved for the discharge Of Mr.. Becker
from custody. Strevsll a Porter ap.
pearipg for Sheriff Gleason, did not
touch upon the merits Of the Coo, but
made three points attacking the valid
lty Of the alleged writ, which were:
First. That Il wss erroneous In style
and title (Constitutlon Of Montana,