The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-16
SPELLMAN IS SET FREE.
There Wasn't Enough Evidence TO
Send Him 10 the Reform
School.
sudge Hunt Says That Juries Arc
Not Necessary in Such
Cases
bat the state shsuld Initiate the Proceed
iaEs. suit Against the Daily Jour-
nai-Othsr Matters.

Patrick Spellman. the l2-ysar-old boy
whose mother, Mary Spellmaa. wanted him
committed 10 the state reform school. was
set free by Judge Hunt In the district eonrt
yesterday. The boy was defended bv .. 4.
Crane. The mother was represented BY 4.
&. Russell County Attorney Nolan was
present on behalf OF the state. Mrs. Spell
man testified that the boy Was IN the habit
OF running away from home. calling her
names and using profans Language. she
supported her family by washing and other
work, which necessitated her being away
from home For this reason she couldn't
do mach with him. AZ times she put him
in the cellar to keep him from running
away. but be generally managed 10 get out
and star away three or four DAYS At time.
Other with ssses we're called aud examined
In support Of the mothers charges. Mise
Jennie CARPENTER. teacher IN the Emerson
school, said the boy was unruly
and hard 20 restrain. but he
vas not vicious. one Of the
witnesses for the boy was q sister. Mary
Spellman. Her evidence was to the effect
that the boy wss abused and beaten con-
sideTably. and she didn't blame him for
wanting TO run away. as he was afraid TO
stay home. Judge Hunt called the boy
himself and questioned him closely. From
she boys answers the judge wsa satisfied
the little fellow was not vicious or evilly
inclined, and that no was somewhat
abassd.
Judge Hunt dismissed the complaint,
saying there wasn't enough in 10 30 justify
sending the boy 90 the reform school. De
tsntion in the reform school. the judge
said, was not an Imprisonment in the
sense that the rules Of criminal procedure
ought to have precedence IN proceedings
instituted looking 20 whether boy ought
90 be sent there OF not; In other words that
an Investigation could DO conducted with /
out the intervention of jury. lie held. /
however. that the state should Initiate the /
proceedings through its representative. and /
that the county attorneo should In all easea /
appear for ths state where al action was /
taken 30 send a minor 10 the reform school. |
The judge suggested that IN the present
case 10 would be q good thing for she bOy II /
some farmer would take him.
Attorney Russsl, WHO Appearsd for ths 1
mother. represented himself as satisfied |
With the judges ruling.
Suit was begun in the district court yes
terdsY BY the hefesnthAlsr LineotJp pc com /
pany, through their counsel, Lewis PEN /
we'll. against she Daily Journal company. /
Russell b. Harrison, George 4. Boos and /
Carl Kleinschmidt, direetoTA IL 10 for the /
machines and for material purchased be- /
tween Nov. l. 1891. and Dee. !. 1892 Be /
tween those dates. IL 10 alleged. goods were |
furnished of she Valus OF sos. IS. on which /
amount only two payments. 800 and SIS |
have been paid, leaving S64LSS due. On |
July 49, 1892, the concern Agf eed TO pay the
MsTgAnthaler company el.2S8. 80 In foar
montha AZ six per cent interest none of
which has been paid. This nakss the to
taI Indebtedness 81, 9302l. without count |
the complaint alleges that the Journal com /
pany never hled any report OF the affairs Of /
ths 90 poration, a. required By law, and for 4
this reason 10 10 asked that the directors be /
held personally liable for the amount Of
the indebtednssa
County ATTORNEY Nolan has Fled q com
plaint against Mrs. Eva 81. Clair, charging
cruelty to 9 child uRdsr the Law Of sdop-
tion. Mrs s. Clair adopted little child
about q rear ago With the intention Of
raising 10. OF late there have bssn com
plants that the child was being abused
The matter was brought to the attention Of
the eaunty attorney, Who svofs out a com
plant before Justice Crutoher. II the evil
denoe suatAins the charge Of cruelty the
child will be taken from Mrs. 81. Clair and
placed IN some asylum unless its mother
can be found and wants 10 care for IL
Judge Buck yesterday granted a motion
20 dissolve the Injunction In the ease of
Jose Aibsrtos against the city Of Helena
In regard 10 the removal OF the house a.
Main and Lawrence streets. made necessary
BY the improvement Of the latter thorough
fare. The case was then dismissed ss set
tied.
ksls Otto Bowman. a native Of Sweden,
vas naturalzsd in Judge Bucks depart
msnt Of the district court Yesterday.
The case Of Hsrschfeld vs. Cope, for
damages, vss dismissed az the request Of
the plaintiff, who paid all the costs.