The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-10-19
The First Case Set for Trial in the
Supreme Court Of Montana
Territory.
A Curious Fact That Was Re-
corded by tho Journal Kept
by Clerk Hosmer.
An Old Record That Recalls to the FLO
necr the Fairly Times ana Mon
Who Wore Prominone

D. II. Weston. who IL arranging the ~
pers belonging 10 the supreme ooass. !uns
across many curious things In MS laoofs
and nsnv papers that recall old scenes ana
did Aimes. Mr.. Weston 10 himself one OF
tho old. old timers, and he has q little OF
Aha history Of nearly all the pioneers at mis-
command, The undertaking he now hos
on hand 10 q big one-that OF hlinG. 90 IL
will be easy Of access, every paper pom
aeetsd with every oase that has been petole
Tho supreme court since u was sstaol'saeo'
He has about finished the cases MAJ nave
been In the supreme court sinoe Monsaha
has been a state, and nov he 10 arranging
the files of territorial business. Yesterday
he brought up out Of the vaults where snsy
hsvs lain for years ths books and papers
Ahat are a rsrI OF ths record of the terri
sorjnl supreme court. The most interest.
inc of these IL the first journal
Of the clerk Of The court. II shows
that the supreme court of the territory
of Montana wal organized u Virginia Csy
Monday, Aug. 6. 1866. Hszskiah l.. HOS
per wa the chief Justice, l.. A. winston
and L. L. Munson associate justices. Geo.
n, Pinney wat United States marshal and
J. A. Hosmer clerk. OF these the chief
iustioe il now in California. the aSsoclass
justices In Connecticut, Pinney In London
and Clerk Hosmsr 10 q sueoeasful pHasticinR
attorney in California.
The fret case on the docket 10: "Unlseo
States '. Sunday Packages OF Liquor.
Claimant, b Slavin." Then follows:
..This case was set for hearing Tomorrow
morning." The next day the journal says:
..Court met and there being NO business to
transact court adjourned till tomorrow
And that 10 the last of that whisky case.
A careful search Of the journal Tor two
In reference to those "sundry Packages Of
LIQUOR" The first volume Of tho decisions
Of the supreme court, edited by Henry N.
Blake does not refer TO 1t. though there 10
the record Of a case entitled United States
". Furs." The question arises what BE-
same Of those iiquorss Dia ne souri, con
ole, k cache Them, or did Slavin take them
sesoss the line? Sitting in it, official
capacitv, 80 far 40 the journal shows, the
sup, eme court did nothing In regard to
them beyond setting the case for q hearing
'to-morrow." 1t may be that "to-morrow"
has not come yet. And who is b. Slavin2
Perhaps some ono may know him. or he
NAL be living YET, and thus some light may
be throvn upon upon tho disposition of the
first ease set for hearing in the supreme
court Of the territory Of Montana. Mr..
Weston promises that Tomorrow he will
try and find The papers In the case and if
be does The INDEPENDENT will try and givs
the history of that hrst case. Meantime,
II any one knows about those liquors. what
became Of them, he will confer a favor on
the Investigator by sending his information
to this office.
This first supreme court had bssn In sss-
,J~- h~A fAw 1ara Whan " II Sandals
Jas. G.. Sprest and Alex Davies were APP
pointed a committee to draft rules for the
government of the court. Later VIM.
Chumasero and A. N. Voolfolk were added
10 the committee and in about two months
they presented their report. About tho
was appointed United States district at
torney.
The court was organized some litt!s time
before litigants began to take their GASES
before 1t. But in 1868 the court WAS doing
a great business. II. L; Warren was the
of the assooiaSs justices. Luoius s. Pick
was the clerk. He Is remembered from the
fact that he carried q palm leaf fan winter
and summer and finally became insane. For
the first two years tho court did . big bus
mess in admitting attorneys. March IA.
1868, John II. Shobsr. Rufus G. Arick. John
Desbeck. Henry Burdiok and J. j. Will
liams were admitted 70 practice. In Ooto-
Der of the same year Samuel Word got his
papers. and on Dec. II. 1868. Henry Mich
OILS Blake was admitted.
The old journal shows among the first
litieants the names of many men now
prominent in the state. A. J. Davis is In
many cases; A. Nj. Hotter was among the
INST TO appeal from the lower court; Geo.
+. Cope ia there in q suit against the Mis-
souri, River Mining company, and 90 il
goes, four names out OF Ave being familiar
to the man who has been In Montana
ton years.