The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-22
SHE WILL NOT co BACK
Mrs. Sarah M. Lally Will Re-
main in Butte.
SHE HAS BEEN RELEASED
Judge Clancy. After Listening to the Ev-
idencs In the Habeas Corpus Pro-
cesdings. Dismisses the
Case Against Her.

fui agh, au.-
"' NV a''ehpt 10 take
her pack TO Denver Tor trial on the
charge of disposing of some pronerty
there for the purnose ~ aa,ra,a,,a hor
u.oao.
ue''o'S' 'uuse clancy ordered her
discharge from custody yesterday aft
ernoon on habeas corpus proceedings
becaus. the ou,.. - --~-.
ea' me- 'e"'
w iioH" De"Ner iaiied 10 De sufhciently
specific In Its charges.
Mrs. LaIly was I'm co,r, with her hus-
band and was represented nv Attornev
+. j. Walsh of Helena and DonIan 4,
Forestelle of Butte. Coverror Smi,b
and his priyate secretarv NM iss,ad
the reouisition I'm the absence 90 the
governor several days ago were also
present.
The case came on for HEARING n, ,
o'clock I'm the a~fternoon Detactive w
A. Griffith made his return 10 the writ
showing that he held Mrs. I.aIlv as he
agent of Governor Adams ~ Cola
rado by virtue Of a warran iss,ed no
Governor Smith of Montana Attorpey
Walsh filed n demurrer 10 tho return
and asked for the discharpe on the de-
PENDANT. The MUIR stated that he
alleged warrant OF the governor was
void upon it's face. al n was NOT raci,sd
lDdI III Ndk lSSue0 ON an anI0lXlt nF "a
indictment. as required by law. II only
referred to a complaint. which was
neither an afidayit nor indictment
Another ground Of demurrer yas that
the warrant was never issued nv Cover
nor Smith at all. but by his priyate sec
rotary. AT the time the warrant was
issued, said Mr.. Walsh. the governor
was absent from the CITY of Helena
He had left in his Office a LOT of Hank
"a 1T. -.
one of them for Mrs. LaIly. The reoui-
sition papers were never presented 10
the governor and he never saw them
IL is his duty 10 examine sucb nanars
TO see thai hey are in conformity win
the laws of the United States and AZ
they are correct he issues the warrant
II is a duty which he cannot delegate
to a clerk. and to do SO is an absolute
abuse and should be DESTROYED The
clerk of the court might as we'll dis
tribut a lot of blank writs of attach
ments and 10 attorneys and
allow the latter to All them ont and
use them at will The third yround OF
demurrer was hat the complaint filed
gains Mrs. Lally al Denver. a copy OF
which was attached to the warrant.
charged no crime AT ALI. II alleged Thai
she was guilty of removing and secret
ing certain property for the purpose
OF defraudlng some OF her creditors.
without giving n description of the
property. Mr.. Walsh argued on this
point that the charge against the de-
PENDANT was not sufficiently explicit
and did not apprise her of the offense
she WIS alleged 10 haze committed AR
Walsh cited a large number OF authori-
ties, including several Missouri decis-
ions. to sustain his contention that the
complaint was fatally defective because
II failed to designate and describe the
property alleged To have beer disposed
Of by the defendant. Mr.. Walsh re-
ferred to the case of Otto Flotow. n
partner OF the noted Boston Charley.
who was wanted I'm Putte for periury'
but fled to Colorado. A reauisition for
him was sent To the governor of Colo
RADIO by the governor of Montana and
the Colorado executive refused TO honor
the requisltion because Il was not ac-
companied by an Indictment. but by an
information filed by the county attor-
ney, which the governor Of Colorado re-
fused to recognize.
C.. p. Connolly. chief deputy county
attorney. represented the Denver de-
~tective. and said in his argument he
had no knowledge of the Flotow case
and the court should take no notice OF
Mr.. waish's statement concerning IL i'm
the absence Of any record OF IL. Mr..
Connolly read from the session laws of
Colorado. which provide that Il is suf-
ficient To describe personal property i'm
such a case as goods. ware and mer-
chandise." Mr.. Connolly said he was
not prepared with authorities to an
swer MIR. Walsh.
Tn court said he desired TO be IN
formed further on the allegation that
the governor had not considered the
papers before lssuing the warrant. and
MIR. Connolly said the governor was
present i'm court. and had. after, exam
ming the papers. issued another war
rant and had made corrections in IL TO
meet the technical objections OF Mr..
Walsh.
Mr.. Walsh protested that the correc-
ton was made too late. and that a war
had been instituted should not