The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-06-01
A U MARTIAL

A Soldier Charged with Running Away to
Play Ball at Great Falls.
With drawn ssbrea aud in fatigue uni
form six militiamen belonging to Battery
A., marched to the court house with .
p,isoner yesterday afternoon. They took
him into the sherif's Office In the basement.
Under Sheriff Hoss and County Attorney
Nolan were in IN adjoining room when the
guard and prisoner arrived. "What shall I
do with himT" asked the under sheriff.
This question WAS addressed to MI. Nolan
in his official capacity as county attorney.
and also az a member of the governors
Montana statutes and looked up the law.
While this was going on Capt. Palmer. Of
Battery A, arrived in the next room and
Gen. Nolan and the under sheriff opened
the door to get further light
IN the subject. The prisoner.
was seated at ono side Of the room. Sitting
about were the guards with their sabres
shenthed. Capt. Palmer. in a chair In font
OF the culprit, wore q stern EXPRESSION and
proceeded to question tho prisoner, who
wss without the benefit of legal advice and
him. He admitted that he had taken An
oath to support the constitution Of the
United States and the organic act OF Mon
tana. Nothing was said about the consSi-
tuition of the state. Capt. Palmer accused
him OF '~skipping out" on Tueaday morning
guards said be disappeared In the Bailey
block. The prisoner entered q denia! to
this an when some Of tho guard substan-
tiated the assertion he said he would like
to see them prove 1t. when the guard
followed you down TO the train didn't
car window and give them the
laugh?" asked Capt. Palmer in = stern tone
Of voice. mo. I didn't" replied Tyler.
Didn't you say. that you would like to see
the sergeant and guard that would take
your" asked the captain: The prisoner
tanned any such disrespsct TO the militia.
Capt. Palmer then Administered o severe
replimand to the prisoner who seemed TO
be puzzled about the nature of the pro-
oeedines. At times he seemed to think 1t
was q good joke: The captain told Tyler
of conduct unbecominR q soldier and of in
subordination and dessrtton and that he
would b. court martialed. After telling
the prisoner that. he was a disgrace TO Bat
terry A the captain said Tyler would be
considered undof n1rsst, but he could 90
court martial. Thu guard WAS dismissed
and Capt. Palmer left the court house. II
does not appear what the object WAS in
taking Tyler to the sherif's office. When
Capt. Palmer took the matter in hand Gen.
Nolan and Under sheriff Hoss 'efrained
from taking any part In the proceedings in
tho sheritf's Office. Gen. Nolan. by virtne
of his rank in the militia, might have In
terfered. Under Sheriff Hoss decided that
as Capt. Palmer had made no demand on
him for assistance he would leave the mat
ter entirely to the Jurisdiction OF the mill
tia authorities. After dismissing the D Is.
oner tho captain said in reply to an in
quiry that no date had beeu set for the
court martial.
Private Tyler went to Great Falls on Me-
mortal day With the Reed q Lust base ball
Wonders. His captain charges tina. be-
went away without leave and was not pres
emit al inspection. It may turn out that |
charges will be preferred against some
other militia men who were absent from in
spection on Memorial day. F.,
New Suits.
The following casos were fled yesterday
In the district court:
Bach. Cory g. Co. va. Wallace Il Bell for
$685. 90 balance on n promissory note.
Bach. Cory & Co. va. kuphnl 4 Schu-
macher for 1868. So balance on account. ~.
Bach, Cory d Co. We. =. IL. Mcdonald for
1851. 10 balance on aocount. ',"s
Bach. Cory d. Co. w. j. c., Stubbs for
SAGA. 70 balance on account.
Bach. Cory & Co. vs.. f. Il. Theme for
81, 73l. II balance on account.
Court Notes.
The following orders were made in de-
partment No. 2 yesterday: George Nei-
mick vs. Caledonia Insurance Co., demurrer
cveri u ed; L.. II. Hershleid OF al. va Clarke. |
Porte ct al, dismissed without y ejudioc;
Realty Co. We Ella l.. Austin. set for trial
in June; A. Hall VS. Thomas j. Hall, dec % |
for plaintiff on tho ground of desertion and |
failure to support.
The jury commissioner met yesterday
md selected a list of 800 namOs from which |
tho jury panel will be made up for tho DIS
trict court.
In tho case Of tho United States " i.
j. hsisland tho defendant was
held for tho action OF tho next
grand jury and tho amount Of bis bail 20.
duced to $3.50.
In the oaso of tho Northern Pacific Rail-
company W Hussy tho assignment Of
=, aud bond 40, vvHno ->.o ALI u /