The Helena independent., 1892-02-05
AT GREAT FALLS.
Dean Is Taken From tho Hands Of the
Helena Officer.

Dean Is Taken From tho Hands OF the
i Helena Officer.
GREAT FALLS, Feb. T. Special. Samuel
r. Dean, public administrator Of Cascade
county, was Yesterday evening arrested at
bis home in Sand Coulee by Under Sheriff
Fred E. Hoss of Helena, upon warrant
issued by Judge Buck OF that city, oharg-
ing him with contempt of court in having
refused to turn over to the court certain
property belonging to the Fish estate now
in possession of the administrator Of this
county. This morning Deputy Hoss
brought his prisoner to this oity and
boarded the train for Helena but just be-
fore it pulled out Of tho depot Sheriff
Hamilton, of this county, rescued the
corpus issued from Judge G. H.
Benton's court, and this aftsr-
noon at a hearing upon the writ Mr.. Dean
was discharged from custody. The matter
is a complicated one and involves legal
points never before raised in this state.
The question is mainly as to which court
has jurisdiction over the estate of Fred
erick S. Fish. who committsd suicide at
the Park hotel in this CITY about four
months ago. Fish had formerly resided in
Helena but shortly prior to his death came
here to enter into law pn tnershlp with
G. w. Pomeroy. He brought considerable
personal property with him and was to all
intents a resident of this county. After his
death about $500 i'll debts we're contracted
i'll embalming, etc., and as no relative ap-
piled to this court for letters of admins
tration the public administrator was
fa1 hv .TnSua ton
sumed charge of tho effects of the deceased.
1t was soon learned, however, that Mrs
spaulding, Of Helena, had applied to
Judge Bucks court there, and was ap-
pointed administrative of the estate. Shortly
an order came to Mr.. Dean to turn over
the effects of Fish to the appointee Of the
Helena court. but this he refused to do, as
he was acting under the orders of Judge
Benton's court, and denied the jurisdiction
Of the Helena court in the matter, being
responsible to this court alone. He was
then cited to appear before Judge Buck, to
show what part of the Fish estate was in
his possession, and with this he complied.
Whereupon Judge Euck ordered him to
turn over the roperty to that court within
three days time. lyon legal advice Ad-
ministrntor Dsan refused to do this, and
the matter eliminated yesterday when
Deputy Sheriff Hoss arrived with warrant
charging him with contempt At the hear
ing upon the writ Of habeus COR
rus this afternoon Leslie and
Downing appeared for Administrator Dean.
and Cooper and Pigeott for Under Sheriff
Hoss. A strong fight WIS made by Cooper
and Pggott to have the prisoner returned
to the Helena officer, while Leslie and
Downing fought equally hard for his dis
charge. Judge Benton, after carefully re-
viewing the case, discharged the prisoner.
upon the ground that the Helena court had
exceeded its jul lisdicton in making nn
order compelling Dean to turn over the
property in three days. time, Us the stutut,
does not authorize such proceeding. 1T is
claimed that tho Helena court in ordar to
compel Dean to turn over the property
must first ascertain what property of the
deceased is in his hands, and then bring
civil action to recover the same: further
more, such an order is unconstitutional and
without warrant of law. Dean, therefore,
not being i'll contempt. could not be un-
lawfully restrained OF HIS liberty.
The greutest interest is manifested in
legal circles here over the final outcome of
this Case. With few exceptions the bar
sustain Judge Benton in his views willis
the people a.e enthusiastic in his support
This court claims that as Fish was an nc.
tual resident OF this county Rt the time of
his suicide it has full jurisdiction in the
case. Tho restraining order issued by tho
supreme court yesterday, ordering Judge
Benton to cease taking action III the Fish
estate until after the 10th inst. ia not in
torpreted to deny him the right to issue Il
writ of haoeaa corpus i'll connection with
the case, as TINT canuot be constitutionaly
done except during war or great public
danger.