The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-01-12
Arguments on Habeas Corpus
Proceedings Heard.
DECISION is RESERVED
Judge Brantly Will Probably Decide the
Matter on rday-Innumerable
Authorities-Wha Constitutes
Fugitive From Justice.

conclusion of the arguments the court
took the matter under advisement and
a decision will probably be rendered
Saturday. The question involved is an
important one and somewhat of nov
city. The court room was crowded by
attorneys and spectators, who appar-
entity took more than passing interest
in the case. The petitioner, johnson.
was represented by Messrs. Stiff and
Hall of Mssoula, and the state by
County Attorney Trippet. Johnson
himself was present. He is quite
handsome and intelligent looking young
man, and that he has many friends in
these parts was evidenced by the large
number of colored people in the room.
The history of the case has been more
or less thoroughly gone into by CORE
spondents of the Standard in various
cities in the state. The facts, so far as
understood, may be briefly stated to be
that Johnson IS accused by the authofl-
ties of Missouri with having kidnapped
a white girl by the name of Kate Neal,
who resided at Sweet Springs, Mo, on
Nov. q last and on this representation
Governor Stephens of Missouri asked
that johnson be returned To that state
for trial Johnson claims that he did
not kidnap the woman nor did he decoy
her away from home. He says that he
came to Butte on Nov. Is. nine days
pTlpI 10 the Time the diitSGh hluIfdpillS
occurred as stated in the complaint. on
Nov. % Miss Neal also came to Butte.
johnson worked in Butte for some time
and afterwards went to M1ssoula, where
the chief of police arrested him upon
information from the Missouri authori-
ties In order to hold him a charge of
adultery was placed against him and he
was sentenced to 80 days in the county
Jail. In the meantime Miss n aui went
back to Missouri, where she has been
placed in private insane asylum. john
son says that the Womasl was infatuated
with him, and that in Kansas city she
came to his room several times. Letters
containing words of endearment were
also written by Miss Neal to Johnson.
johnson says the girl told him that she
had come to Butte with the consent of
her parents and that her uncle, man
named Russell, had bought her ticket at
Kansas City.
This brief summary is what is learned
from interested parties, and is merely
hearsay, none of it having been brought
out at the hearing last night. The ques-
ton involved in the habeas corpus pro-
ceedings was whether or not Johnson
was fugitive from justice, the legality
of the papers issued by the Missouri
authorities and the authority of the gov
ernor of Montana to issue a warrant
for Johnson's delivery to an agent from
Missouri. Judge Brantiy announced that
the question of his innocence or guilt
Of the crime charged had nothing To do
with the matter and he would permit no
testimony in this connection.
Johnson was put on the stand and
said that he left Sweet Springs on Nov.
. for Kansas City; that he left Kansas
City for Butte on Nov. Is, where he ar
rived on the 18th. He saw Kate Neal in
Kansas City ON Nov. Is and did not see
her again until Nov. y III Butte. On
NOV. q he received telegram in Butte
which was dated at Sweet Springs on
Nov. 10, and said: Il leave Saturday"
examined by Mr. Trippet he said
he had seen the woman twice in Kansas
City, once ON Nov. Is and the other time
about the 10th. He saw her at board,
ing house. He had not communicated
with her after his arrival in Butte. He
was born and raised three miles frem
Sweet Springs. He said that the woman
was apparently of sound mind, and he
had never heard any person say any
thing TO the contrary. lie and the wo-
man left Butte Dec. /. Attorney Stiff
showed him a letter. one of those re-
ferred to above. for the evident purpose
Of showing that she was mentally sound,
but the court would not admit its in
PRODUCTION.
Petitioners counsel then read affda-
Wits with respect to Johnson's where
abouts at the time the alleged kidnap-
ing occurred. One was from Mrs. Is.
r. Adams of Butte, who asserted that
she knew Johnson at Butte on Nov. II,
and that he lodged with her from that
date until Dee. /. Another was from
L. b. Ford, head waiter at the Butte
cafe, and stated that Johnson worked
for him until about Dec. 1. l.. S. Wild,
manager of the Western Union tele-
graph office at Butte, swore as to the
correctness Of the telegram referred to
above.
johnson was again put on the stand
and Judge Brantly asked him how old
the woman was. He replied that she
told him she was a, although he
thought she was % Mr.. Stiff remarked
that If she admitted being "A, she must
surely be ..
Mr.. Fristoe. the agent appointed by
the governor of Missouri To receive and
take back Johnson, was called by MIR.
Trippet, who asked him as TO the men
tai condition of Miss Neal. Mr.. Stiff
interposed an objection. and the court
ruled that the testimony could not be
admitted.
Arguments were then begun. Mr.
Hall opened for the petitioner. He cited
numerous authorities and read opinions
with regard to what constituted a flu
gitiTe from justice. He stated that
johnson was in Montana at the time of
the alleged commission Of the crime
charged against him, and therefore Was
net a fugitive from justice from the
state OF Missouri. Mr.. Halls part of
thu argument consisted principally of
the reading Of opinions and decisions in
like cases in other states.
MIR. Stiff questioned the authority Of
the governor of the state Of Montana
Ia issue a warrant. lie attacked the
form Of the papers from the Missouri
officers and eontended that a requisi-
tipn must be accompanied by an in
dictment OF an affidavit and that there
was no such affidavit or Indictment
forthcoming. but that the only thing
that vas received from Missouri was a
letter written by Prosecuting Attorney
Reynolds IF Saline county 10 Governor
Stephens. In this letter said Mr.. Stiff.
was contained but enc fact; namely,
that Johnson WAS charged with tbs
crime Of kidnapping The rest of the
letter was simply statement Of what
Mr.. REYNOLDS believed upon infarma-
tian. Furthermore the statements Of
the county attorney we've not sworn 10
by himself ard therefore could not bt.
considered an affidavit An affidavit