The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-11
WAS A GROSS INJUSTICE
Arnold Was Illegally Confined
for Six Months.
HIS RELEASE GRANTED
Habeas Corpus Proceedings Instituted
in Judge Clancy's Court and the
Man Given His Freedom.
Facts in the Case.

The high-handed way in which a
mans liberty may be taken from him
by persons clothed with brief and petty
| authority was demonstrated in ha-
| beas corpus proceeding instituted in
Judge Clancy's court yesterday morn
ing by Attorney John n Kirk in behalf
of Matt Arnold who, the court decided.
had been illegally confined in the county
jail since the 1st of last June.
Arnold was arrested at Meaderville
on the date named by one Fred Bloom.
purporting to act as constable for j. w.
Miller, a justice of the peace, on the
charge of assault in the third degree.
The arrest was made upon complaint
of George Jessie, an Austrian, the COM
plant in the case making the novel al
legation that the defendant was guilty
of the crime of assault with third de-
gree sling shot and concealed weapons
committed as follows, to-wit: that on
or about the 31st day May, 1897, the said
defendant, Matt Arnold, did willfully
and unlawfully did willfully and ma
liciously commit the assault by ordering
them to stop and making motions with
a sling shot and using violence upon
and towards Mrs. Jessie, which is vio-
lation of the laws of the state of Mon
tana."
Upon this novel charge Arnold was
arrested on the morning of June / and
taken before Justice Miller and required
to plead at once. He pleaded not guilty
and his trial was set for o'clock in
the afternoon.
The county attorney was not consult
ed in the case and there was no one
present at the trial to represent he
state and the defendant had no coun-
sci and had not been given an. oppor-
tai
off promptly on the hour and was con-
Quoted through an Austrian interpreter.
-Four witnesses testified against Arnold
and the defendant was permitted to
testify in his own behalf, after which
Justice Miller sentenced him to six
months in the county Jail. besides inn
posing fine of $500, which he was or
dered to pay or renal min Jail $50 days
in addition to the six months. No judg-
ment was ever entered against him, but
he was taken to Jail, where he has been
confined for six months and nine days
Arnold can speak and understand very
little English and was at no time in
formed of the nature of the charge
against him, his right to be represented
by counsel, or privilege of trial by a
jury All these facts were presented to
Judge Clancy at the habeas corpus
hearing yesterday morning.
After Arnold had served six months
in Jail he began to think about getting
out and demanded to be released, but
the sheriff informed him that he had no
authority TO turn him loose. His friends
finally consulted an attorney and the
habeas corpus was resorted to. 1t was
not opposed and Judge Clancy ordered
the defendant to be released and told
him he might have been out six months
ago if he had consulted an attorney.
Aside from the irregularity of his ar
rest, trial and conviction, the court has
repeatedly decided that person cannot
be sentenced to Jail and also be required
to serve out a fine, and that the i'm
position of a fine in addition to Jail
sentence is illegal and void
You can see all your old friends and
acquaintance at Newbros Monday.