The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-01
An Affair In Court.

- EFORE the supreme court the
1e sensational features were climi-
mated from the papers which pre-
scented the case of Stapleton against the
stenogra pher in Judge Clancy's court
What County Attorney Stapleton really
wanted was an order compelling the
stenographer to furnish the transcript of
the evidence in the Moody case; the SUI
preme court managed to bring ii about
that the merits of the case might be
reached and yet let the sensational fea-
lures be omitted. These had direct ref
erence to the conduct of Judge Clancy
in the trial Of the Moody case. The SUI
preme court dealt with the essential
matters at issue. ana the outcome was
a writ of mandate ordering the clerk to
make the transcript on or before the
date named.
1t is doubtless as Well that the matter
was thus disposed of. The controversy
was one in which. of course, the people
of Butte felt direct concern because the
credit and the good name of their dis
trict court IL a matter of the utmost
account to all of them. 1t is especially
gratifying however, that the Stapleton-
Clancy matter was thus disposed of, in
view Of the fact that, in the discharge
of its duty. the supreme court found IT.
self compelled, yesterday, to announce
It's conclusions on another subject i'll a
way that is far from complimentary to
Judge Clancy's court.
In the matter of the Thornton-Thomas
receivership, the supreme court gave a
decision, a few weeks ago, which
amounted to "A severe criticism of Judge
| Claney's rulings A repetition comes
! this morning. in another appeal from
| the department over which Judge
! Clancy presides. The supreme court
finds Judge Clancy's instructions To the
/ jury so conflicting that no jury could
reconcile them" IL cannot understand
how the court could possibly have adj
mitted some of the evidence. The err
rurs are SO glaIing," SAYS the supreme
/ court, "and the action of the court is SO
| palpahly wrong. in the opinion OF the
attorney general that he admits in his
| brief that the court should he reversed
and the ease remanded for new trial.
This is unpleasant reading. 1t has
more significance for the people of Butte
than the personal matters involved in
the Stapleton matter The ease was 4
criminal affair, the court over which
/ Judge Clancy prcsides is the most I'M
portant criminal court In Montana. Th,
costs involved in constant reversal ano
re-trials is large. yet that is the item o1
| smallest account. The language Of I'll,
! supreme court naturally arrests atseh-
ton. 1t is very severe. 1t will promp
the people of Butte to hope that, what
ever the by-play or side-talk in judge
Claney's court, the trial of causes "A
| least may 50 proceed as to command
public confidence, leaving oppurtunit.
FOR higher-court reNersals in such case
| only as present questions about which
/ Judges and lawyers who are intelligen
may reasonably hold differing opinions
IaNmon do not usually presume Il
pass upon questions involving legal tech
nicalitics Citizens simply have To trus
their courts Montana does that cheer
fully, and in that spirit Butte must ac
cept the severe Judgment announced h!
the court which the state created 10 b.
its court Of appeal.