The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-10-30
FIGHTING FOR LIBERTY.
Charles Northrup Raises . Novel
Legal Question for judicial
Settlement
He Was Convicted at Livingston
OF Murder In the Second
Degree.
NOrthrup VIII Have . Hsaflng Io.oey
Before Judge Henry ON haDess
Corpus Proceedings.

In addition 10 bis Efforts TO 9es . new
trial, Charles Northup. now IN jail ~ Law.
jnQton, hal made another move sowaro
yspainina his liberty. He has applied 70
Ahe district court OF Park county for . VIII
Of hsbeas corpus, complaining that no II
illegally deprived Of his liberty IN that W.
Aerms of the district court have passed
without his having been brought to srisl.
The provision Of the ssatuts nader which
10 asks for his discharge roads ~ follows;
III any person indicted for any sfsase, and
committed TO prison. shall not 30 pIonRn'
10 trial before the end Of sAe second seim
Of the court having jurisdiction OF sns
oaeuss, no shall DO entitled to be dishoasQsd.
- far 40 IL relates TO the oifsnse Tor when
he vas committed. unless the delay shail %
granted On the application Of the prisoner.
Or shall DO o~eoasionsA BY the want OF time
70 nv the cause at said second term."
Northrup 10 In jail on . charge OF mur'
dsy, alleged to have been committed BY
him uear Horr on the night OF Sept ~.
1892, Al the November term Of the dis
eriot u in that year he was tried, but
Tho jury failed to agree. Shortly aftervard
another murder was committed In PaFh
soupty, whom Charles Bloom. . gambler.
shot and killed Thomas Gavin In Living
ston on the night Of Dec 2. 1882 Al the
January term OF the district court 90 .oyH'
Of muYde. in tho second degree. the Jury
Iaavina she punishment to bs imposed by
She court, Az the Same term OF coufs
RIooc vas also convicted of murder IN the
second degree and the jury dxsd his son
Sence a. liie i'm priaonment.
I A A. A--1t k>p~a ~ tkA diAfFfct fOufS the
Avo coavictsd men, through their astor.
neya. moved for . new trial on the ground
that The oourt erred in the charge TO the
Jury. Judge Henry considered the motion
FOR . new I ial we'll taken and granted IL.
The state then appealed TO the suproms
Transcript on appeal WAS forwarded TO the
suprems court more b six months ARo.
but Clerk Webster refused TO file the tran
script or docket the case on the ground OF
the non.p pay ment Of the required fees BY
Park county. The county attorney main
tanned that the county was not liable for
she fees and the repeal remained IN etatu
ouo. while the prisoners have been confined
In Jail past two regular forms OF the district
court. The supreme oours handed down .
decision on the matter of fees on Tuesday
last, holding that the clerk Of the supreme
court cannot be compelled to docket an
appeal without On aoconlranyinR fee. ana
making IL obligatory on sue PaAs "H0
county from which the appeal 10 saksn 10
Day the fee demanded BY the clerk OF the
suprens court. This decision had no bsas-
ing on the merits of the appeal BY the state
from the order granting a new trial, furths!
than that the payment Of the fee allowed
the appeal TO be regularly doekstsd and de-
cided, ss IL was Saturday.
The habeas corpus proceedtn2e for the
discharge Of Northrup from custody will be
heard BY Judge Henry. sitting In chambers
in Livingston to-day. II the motion 10 de-
MED, an appeal from the habeas corpus de-
cision will probably be taken to the su-
p1ene court.