The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-01
THE WRIT WAS GRANTED
Wilson Was Ordered to Make
Out the Transcript.
AFFIDAVITS STRUCK OUT
No Reflections on Judge Clancy Per.
mitted to Appear in Records-Su-
preme Court Grants the Writ
Stapleton Asked For.
Special Dispatch to the STANDARD.

Special Dispatch to the Standard.
Helena, Jan. 31.-This was the day
set by the supreme court for William
w. Wilson, stenographer in Judge
Clancy's court, to show cause why a
writ of mandate should not be issued
compelling him to prepare transcript
of evidence in the Moody trial. His
counsel, NJ l.. Wines, appeared in court
and as soon as the court had announced
the two opinions handed down, he arose
and addressed the court. He said he
would make a motion to strike out all
of those portions of the aftidavits filed
the other day by County Attorney Sta
pleton that reflected upon Judge Clan
cy. He then read the original affidavit,
and the motion to strike out. which was
published in to-day's Standard
He argued that the portions he
moved to strike out were not material;
they were reflections upon an honor
able judge and should not be incorpor-
ated i'll the records of the court He
practically admitted thai If the objec-
tionablc features We're stricken out he
would not oppose the issuance of the
writ directing the stenographer to pre-
pare the transcript on or before n GER
tain date.
Attorney General Nolan, who APP
peared for county Attorney Stapleton,
said that while he had no desire to have
incorporated in the minutes anything
rejecting upon a judge of the state, he
did not see how if the parts were
stricken out the supreme court would
not be in the attitude Of attacking an
officer of the district court without the
sanction of the judge of the court. The
lawyers discussed the matter until
noon, Then the supreme court an
nounced that If the respective counsel
ennlH n NV 4 ~ hot ba..
portions should be stricken out the
court would pass upon Mr.. Wines mo-
ton at that time. 1t was evident, as
the attorney general and c. l.. CON
molly, who came from Butte to he pres
ent during the argument had all along
feared. that in ease the matter was
stricken out they would not have much
left to stand ON in court Upon being
assured to the contrary and il appear
ing that the court would still retain
jurisdiction with the Objectionable
parts stricken out and respondent
agreeing that the writ should be issued
TO the stenographer. Attorneys Nolan
and Connolly decided to consent TO the
motion being sustained. An announce
ment to that effect was made as soon
as court convened. and Chief Justice
Pemberton directed the writ to be is
sued, making the following order:
THE motion to strike. interposed by
the respondent. coming on this day for
hearing, J. l.. and NJ. L. Wines appear
ing for the respondent and Attorney
General c. 3. Nolan for the state of
Montana. eX rel, Guy w. Stapleton
county attorney. the motion was ar
gued and submitted
Nov, therefore, the promises being
considered. ii is ordered that said mo-
tion be and the same is hereby sus-
tained, the state consenting thereto.
The hearing upon the order to show
cause is also submitted and by consent
of counsel in open court 1T Is ordered
that a peremptory writ of mandate be
issued against respondent. William W.
Wilson, as prayed for. and the said re-
spondent be and is hereby ordered and
directed, on or before the 18th day
of February. 1898. at or before O'Clock
y. m. of said day. 10 prepare a tran
script of the evidence and all thereof
adduced upon the trial of the case of
the state of Montana plaintiff VS.. Frank
Moody defendant. in the district court
of the Second judicial district of the
state of Montana in and for the county
of Silver Bow. and To have the said
transcript in the possession of Guy w
Stapleton. county attorney of Silver
Bow county of the state of l1ontana
and John T. Baldwin. special counsel
in said case. not later than the said
18th day of February 1898, at o'clock
n m. under the penalty of the law"
None of the affidayits brought here
by Mr. Wines denying the allegations
Of the petition of the county attorney
were used. Like the sensational por-
tions of the petition. which were
stricken out. they were eliminated from
the proceedings. leaving nothing but
the bare writ aboEe