The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-06
THREE MEN RELEASED
Attorney G. B. Dygert Discovers
Something Interesting.
IT'S A COMMITMENT ERROR
The Prisoners Themselves Carry
the Police Docket Sack to
Judge urner-Blodgett May
Go the Same Way.

Three more prisoners escaped from
the county jail yesterday, but they eff
iected their escape through a writ of
napeas corpus and the acuteness of
Attorney George b. Dygert. Last Octo-
per Fred Blomquist, Jack O'Connor and
Fred McCune pleaded guilty in the po-
ice court to the charge of petty lar
ceny. BY pleading guilty they expected
10 get off lightly but were surprised
when Judge Turner gave them the linn
II OF six months in Jail and to pay a
me or $500. They were committed to
the county Jail to serve out the fine and
sentence of Imprisonment both The
commitment made no allowance or pro-
vision for the payment of the fine II
the men had desired or had been able
10 pay IL but ordered them to be con-
hned for period of 435 days
The men had more than six months
more to serve when they consulted Mr.
Dygert, and upon an examination into
their cause he concluded that not only
were they unlawfully committed but
that the judgment against them was
also void and that the same conditions
existed as to number of other prison.
ers. Mr.. Dygert first tried to get the
matter heard before Judge Speer a
week or more ago, but for some reason
ne declined to hear il and an applica-
49, NeS maui W JuuEe MCf1dItOn on
Monday and a writ was issued and
heard yesterday morning. In his argu-
ment in behalf of the writ Mr. Dygert
read the commitments which were not
In accordance with section 2719 of the
penal code which provides that when
a judgment of Imprisonment is entered
a certified copy thereof must be deliv-
cred to the sheriff or other officer" No
such copy was made in the cases at
n Mt
judgment and cited section 2224 of the
penal code, which says: "A Judgment
that the defendant pay a fine and costs
may also direct that he be imprisoned
until both fine and costs are satisfied.
specifying the extent of the imprison-
ment which must not exceed one day
Tor every two dollars of the fine and
costs"
A decision from the Goth California
was read in which the court SAYS: TT
must be adjudged that the defendant
pay fine, specifying the amount and
In case the fine be not paid within a
period specified in the judgment. that
the defendant be imprisoned until the
fine is satisfied, in the proportion of
one days Imprisonment for every dol
lar OF the fine-as in the case before
use the judgment should have been.
that the defendant pay a fine of fifty
dollars, and in case said fine be not paid
by the -- day of - that the de-
PENDANT be imprisoned until the fine be
duly satisfied. in the proportion of one
days imprisonment for every dollar of
the fine, and on the payment of such
portion of said fine as shall not have
been satisfied by imprisonment at the
rate above prescribed, that the de-
PENDANT be discharged from custody"
Mr.. Dygert cited the California deci-
sion as giving the correct form of a |
judgment and claimed that the judg- |
ment rendered and entered against |
Blomquist, McCune and O'Connor, was |
beyond the power vested In the justice |
10 render so far as it adjudged i'm
and that IL was void I'm |
that respect as IL afforded no authority |
to any officer to hold them i'm custody. |
E. ;. Booth, who represented the
state, opposed the writ only on the
ground that the judgment could not be
attacked by Mr.. Dygert as that ques-
ion had not been raised in the petition.
rhe court, after consulting the stat
ltes, and especially section 2751 of the
penal code, determined that the valid
ty of the judgment was properly
'aised. Mr.. Booth admitted that the
commitment did not contain a certified
'opy of the judgment and Judge Nc
Hatton, in deciding the matter said
hat If the commitment were a certified
'opy OF the judgment IL was void since I
he Judgment itself was not good, and
1t were not a certified copy IL was
'oid in itself under section 2719 of the
)enal code.
The three prisoners were conse-
luently discharged from custody. A
'olice court docket used in the hear
ng was carried back TO the police Judge
" the men whom he had sent up for
35 days.
1t is probable that an effort will be
made to secure the release of o. ].
the lawyer. who is serving a
entence in the county Jail for black
nail, he having been sent up under
he same form OF commitment and
Judgment as in the cases decided yes
erday morning. Blodgett also has
bout six months Of his sentence yet TO
erve.
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