The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-20
TERM OE COURT ILLEGAL
Pursell's Attorneys File an Ex-
traordinary Objection.
MAY MIX THINGS UP
Judge Woody Was Not in the State
During the First 10 Days of Janu-
airy When the Law Says
Terms Must Be Fixed.

Missoula. April ia peculiar mo-
day when the case Of James Pursell,
charged with murder. was called. This
case had been fixed for Pursell to plead,
and when the time came Messrs. Hig-
gins a Stih. attorneys for Pursell, filed
their objection to Purselrs being made
TO plead and also To any order being
made i'm the case. The material part OF
the motion rs as follows:
That there Is not now being held a
legal term of this court. for the reason
that no legal or proper order fixing the
terms of court for the year 1898 was
ever made by the judge of said court"
This motion is based upon the afidavit
of John l.. Sloane. the clerk of the
court. the material part of which is
that the Hon. Frank IL. Woody. the
judge of this court, left Missoula ON
the 30th day Of December, 1897, ana i'm
medistely before his departure Informed
affiant hat he intended going to the
Pacihc coast To be absent about two
weeks or more. That before his depart
ture the said Hon. Frank ii. Woody,
judge as aforesaid. delivered to this al
fiant. clerk of the aforesaid court, the
signed order liking the terms of court
in Missoula county for the year 1898,
which order bears date Jan. ), 1898.
That affiant was instructed by said
Judge at the time said order was de-
1ivered to him To hold the same until
Jan. ;, on which date afiiant filed the
same. Affiant further says that ne rs
Informed and believes that the said
Hon. Frank H. Woody was absent from
and outside Of the state during all the
time from Dec. 80. 1897, until Jan. IL,
1895"
Section IS OF the code Of civil proceed
ure Of Montana provides that The
judge of the district court must. within
10 days after the first day of January
in each year. make an order which mus.
designate the times of which the terms
OF court are TO be held in his district
during the year and then provides
that the order must be published in the
official paper for a certain time. The
attorneys for the defendant claim that
Judge Woody was out OF the state from
the 30th of December. 1897. until the
18th OF January. 1895; hat he could not
make a legal order while he was out of
the state. and that therefore no order
was made and no legal term of court
can be held under the order alleged TO
have been made. The Mlssoula bar is
somewhat divided on the proposition.
but n majority think the position
taken by the defense is a strong one. II
II should be decided that nc legal order
was made there will be no district court
in Mfssoula or Ravalli counties until
January. 1893. IL the court here or the
supreme court holds that the order
made was not legal. the attorneys for
Pursell will begin habeas corpus pro-
ceedings TO liberafe Pursell from Gus
fody. 1t rs a most unusu predicament
and will be watched with a great deal
Of interest by h legal profession
throughout the state.
The district court opened this morn
ing at 10 O'Clock A very light business
Was transacted. John Foley. charged
with burglary. vas a~rraigned and T.. u.
Prince was appointed to defend him.
He took the statutory time TO plead.
James PurseIl, charged with murder,