The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-29
IN THE DISTRICT COURT
Judge Clancy Hears Four Habeas
Corpus Cases.
O. M. HALL WAS RELEASED
Charles Charleton, the Colored Man.
Who Couldn't Furnish Bonds to
Keep the Feace. Was Like
wise Discharged.

Four habeas corpus cases were heard
by Judge Clancy yesterday. In two
the defendants. o. petitioners. were re-
leased from Jail. Another was sent
back. and IN the fourth case the court
decided to he's some testimony. and 1t
will be taken up again next Tuesday
afternoon. The first case was that OF
Attorney o. NJ. Hall, who had shot John
Kaempfer, and was rearrested Friday
night and locked up in the county Jail
on the representation that Kaempfer's
condition had suddenly become criti-
cal. Hall had been refused permission
to give bail by a justice OF the peace.
n the matter was brought before
Judge Clancy. who heard the testimony
Of DIR. Weyerhorst AZ to Kaempfer's
condition. The doctor testified that
there was nothing the matter with the
wounded man except that he was suf-
fering a little from pleurisy. The doc
tor had called on Kaempfer Friday
night, and found him sitting up In bed
and laughing over an article In the
evening paper which told about his al
legged critical condition. The doctor
testified that Kaempfer was naturally
q weak man.. h q his lungs were not
strong. and had been affected for sev
eral months before he was shot by Hall.
and that he wa q man who drank a
great deal. but that he was getting
along well.
On REORGANIZATION by Mr.. Yancey
the witness admitted hat Hall was his
legal adviser, but denied that he was
a partner with Hall and Shackleton In
jumping the pound on which the house
was built where the shooting occurred.
Mr.. Ysncey made a statement to the
court that ne had Investigated the con
dition Of kaempfer, and had called on
him Friday evening with County Ply
stefan Sheeran. The latter made a
slight examination Of the man. but did
not look at the wound, and gave II as
his opinion that Kaempfer was In no
immediate danger. n that likely the
pain he was suffering from was caused
by poison effects of the wound.
Judge Clancy decided that Hall was
entitled to his discharge. and ordered
him released on his original bail of $3.50.
The case OF Charles Charleton. the
colored man, was the second case called
UP. Three months and two days ago
he was committed to the Jail in default
of bonds to keep the peace. he having
threatened the lllt VI lud DuTuSiut, lis
ex-wife. Charleton was represented by
Attorney Bishop. who argued that the
commitment was illegal. as 1t put no
limit to the sentence. Mr.. Yancey.
however, called the courts attention to
the law. which provides hat a man who
is unable to furnish a peace bond could
be held in jail for one year. Mr..
Yancey said that there was no objec-
ton, however. to releasing Charleton.
m raaon had haap daclarad hafuyaan the
fellow and his ex-wife; h a the latter
had been married again, and that the
fight had all been taken out of the col
ored man. Upon that statement the
court discharged Charleton.
Tom Egan, a young man who had
been sent to Jail for 30 days for va
grancy by Justice Ducie after he had
been in town less than "a hours, also
petitioned for the beneit of the habeas
corpus. His attorney. Mr.. Bishop, said
Egan was in town only a few hours
when arrested. and that he was at the
time looking for work. Judge Clancy
said a habeas corpus was not a writ of
review, and that he could not go into
the merits of the case, and would have
to take the conviction as legal.
How old are your" asked the court.
turning to Egan.
'Twenty-one."
Have you any military hair In your
head?"
"sir?" said Eean.
IF you will go and enlist In the army
! will turn you loose added the Judge.
Egan, however, was not looking for
war. Il don't see how they could con-
Wet me-" he said. II came to town on
the afternoon of the 9TH, and on the
morning OF the 10th I was arrested. /
had asked a man to direct me to a
cheap restaurant. and he reported me
as soliciting aims. I don't see how he
could do that"
well. ! will have to SEM you back
the court, and the young man was re-
turned to jail.
Pat s. Murphy, the brute who scalded
his wife, was the last man to be heard.
Attorney Kohl represented him, and
asked permission 10 introduce some. tes-
timony to show that there was no reas-
onable or probable cause for holding
him under a charge of assault In the
second degree. The court at first de-
clined to hear testimony. and Mr.. Kohl
said that the only evidence against
Murphy was hearsay. and incompetent;
that Mrs. Murphy when examined at
the preliminary examination had denied
that her husband had assaulted her.
w%hereupon the county attorney and 9TH
srs testified that she had previously told
different story. upon which the de-
PENDANT was bound over TO the district
court.
Mr.. Yancey. representing the state.
said the facts were that Murphy de-
nberately caught his wife's arm In a
cellar door and poured scalding water
on IL and injured her SO that the arm
had to be a~mputated. yet In spite OF the
horrible injury inflicted on her by her
brute husband. she had refused to tes-
tify against him.
The court finally decided TO hear some
evidence. n continued the matter for
hearing until / O'Clock next Tuesday.
/. SMOKE ROBERT MANTELL ClGAks.