The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-07-19
NEWS FROM THE COURTS.
The District Judges Of the State
Were in Session Yester-
day.
They Will Perfect Rules of Prac-
tice for Their Own
Courts.
Proceedings in the Supreme and District
Courts = Cuttings from the
Court House Records.

Some time ago the district judges of the
state decided to meet and see what could
be done toward perfecting uniform sys-
tenn of court rules and practice in each
district. Pursuant to the call issued
Judges Hunt. Milburn, Benton, Durfee and
Mediation met at o'clock Thursday after
noon at the court house. This meeting was
called at the suggestion of Judge Milburn,
of Miles City, made last May. At Thurs
days and yesterdays session one Of the
principal points brought up, and which
met with the earnest attention of all Of the
judges, was agreeing upon rule which
might prevent the swapping of counties by
the calling of an extraordinary number of
witnesses in criminal cases without there
being any Necessity for it. The need of
such rule has been apparent for long
time. and was especially noticeable in re-
cent criminal case in Park county wherein
the expenses, amounted to over $1,000,
on the trial of a case in which the defend
ant was accused of stealing $40 COW. It
was thus made quite clear that if the attor-
neys for the defendant could on their own
$1,000, they could just as we'll make them
amount to $4,000 or even 100000. Seeing
this actual and present evil, the judges
unanimously agreed upon a rule that will
operate as remedy and at the same time
deprive no person accused of any crime of
any of his rights under the constitution of
the United States or of the laws of the
state.
Judge Hunt was chairman of the meeting
and Judges McHatton, Durfee and Milburn
were appointed committee to draft the
rules and report to the judges in commit
tee of the whole. A number of rules have
been agreed upon, and those remaining yet
to be determined will be agreed upon by
another committee composed of Judges
Hunt, Mediation and Durfee. In the set
thing of the rules for a uniform practice it
became apparent that some of the rules
pertaining to districts embracing only one
county would not apply to districts com
posed of more than one county. This was
the chief reason for assigning the matter
to the last named committee, it being made
up of the judges who preside over the three
largest and most important districts in the
state. The justices of the supreme court
attended the meetings at the invitation of
the district court judges.
Judge Milburn, Of Miles City, realized
the necessity for some such action long ago.
He estimated that Custer county has Il
debt of 1000. and he believes that $685.
600 of it has been caused by the unrestrict-
ed manner in which defendants counsel in
criminal cases can pile up the costs on the
county.
Judge Milburn presided in the district
court Yesterday afternoon in the case of Il.
T. Barden VS.. The Montana Club, Judge
Hunt at one time having been interested
in the case before his election to the bench
The defendants counsel, H. r. Buck, moved
that Judgment rendered by Judge Blake
in chambers last fall in favor of the defend
ant be entered on the records of the cou,t.
County Attorney Nolan resisted the motion
on the ground that the Judgment was sim
ply that of an individual and that at the
time of its rendition there was no session of
of tho district court of the territory, and
consequently was of no validity. Judge
Milburn said he would probably give a de-
cision in the case this morning.