The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-24
OUTS AND ms OF RAID
Discharged by the Court He Is
Immediately Rearrested.
THOUGHT HE WAS FREE
So He Was, but His Liberty Lasted Only
a Few Mlnutes-His Lawyer May
Now Bring More Habeas
Corpus Proceedings.

Jack Rand was in the county Jail:
then he was out. and now he is in
again. and will try to get out again. but
he viii probably stay in. Rand was
implicated in the alleged abduction Of
the girl Nellie Corbett. He had a pre-
Umiuary hearing on the charge Of alb
duDtfon several months ago, and was
held 90 the district court. but no in
formation was filed against him, and
his attorney. H.. r. Cason, began habeas
corpus proceedings to secure his re-
lease. The matter was heard by Judge
Lindsay yesterday morning. Mr.. Cason
explained t. the court that al had
been held in Jail for so days and that
no proceedings had been taken against
hin lie read section 1880 of the penal
code. which provides as follows:
"When the defendant has been ex-
amiucd and committed or admitted to
bail as provided in this code, or upon
leave Of court. the county attorney
must. within 30 days after the delivery
Of the complaint. warrant and testi-
mOny to the proper district court, or
after such leave, file in such court an
information charging the defendant
with the Offense for which he is held
to answer, or in any other defense dis
closed by the testimony. In case the
county attorney fails to file the infor-
nation within the time specified. he is
guilty of contempt, and may be prose-
cuted for neglect of duty as in other
cases"
Captain Stivers. who represented the
state at the hearing, in reply to At
tOrney Cason, said II was true that an
Information had not been filed within
80 days, but the section quoted said the
information should be filed within 80
IaNe after tho tVanggrinf ha1 hEan sent
To the district court which had not yet
been done in Rand's case. Mr.. Stivers
also said that there a been no ses-
sion of the courts and no judges were
present for some time, and for that
reason the information could not have
been filed. He said if Rand was re-
leased on the ground raised by M.
Cas0n II would result in the release Of
nine other prisoners now held in the
county Jail. The deputy cOunty attOr-
ney referred to a ruling made by Judge
Clancy as authority on the question.
The judge Of department No. III. some
time ago ruled that section 1870 was
directory in it's provisions and not man
datory. 1t provided a penalty for the
failure of the county attorney to file
an information. but il did not provide
that the prisoner should be released
from custody on account Of UGH fail
ure.
II occurs 10 me. Sdlu tle court, III
passing upon the matter, that the
county attorney had ample time in
which to present an Information. II is
true that the Judge Of department IL.
is absent. and that the judge Of de-
partment |. was also absent for a time.
but arrangements had been made that
Judge BrHntly should preside in this
court. and he did so for a few days.
Furthermore the judge Of this depart
ment has been here inc last Monday
and no Information has yet been filed,
and I shall order the prisoner dis
charged"
Rand got up and made for the door
I'm a hurry, but he didn't get far be
yond il before Deputy Sheriff Evans
stepped 10 his side and served another
warrant OF arrest on him, and he was
escorted back To Jail.
Mr.. Cason took the warrant and ex-
amined IL and will probably try another
/ habpaF corpus.