The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-07
The Murderer Has Instituted
Habeas Corpus Proceedings.
is UNlAWFUllY DETAINED
Coniey and Mcrague File an Answer
to the Application for a Hearing
Denying Days Allega-
tons.

Conley for a habeas corpus hearing
before Judge Knowles. The circum-
stances Of the killing will be well re-
membered by the people of Butte. Lee
lived in Meaderville and was muir
dered by his skull being crushed in
by a hammer. Day and his nephew
We're arrested for the murder. The
nephew was acquitted, but the jury
found Day guilty of murder in the
second degree and left his punishment
TO be fixed by the court, adding, We
recommend hat the sentence be a Sc
we're one" The court sentenced Day
to 90 years in the p~enitentiary and the
general opinion was that Day did pref
~ well to save his neck.
Now habeas corpus proceedings have
been instituted by Kirk and Grice, at
torneys for the prisoner, and Will be
argued before Judge knowles to-mor-
row. Attorney General c. Il. Nolan
will appear for the state. Conley &
McTague, against whom the habeas
corpus proceedings were instituted.
yesterday filed their reply as follows
They deny that said william Day
Is unle wfully imprisoned, detained,
confined or restrained of his liberty
by the said Conley & McTague. keep
ers OF the state prison.
Deny that the Imprisonment Is lie
gal or in violation of the provisions Of
the constitution of the United States.
Deny that William Day has been
arrested, tried and committed TO prison
under proceedings not Initiated or sup
ported by oath or affirmation OF an
officer authorized by law to present a
charge against the said William Day
as a citizen. and deny that he is de-
priyed of his liberty without due pro
cess OF law.
Admit that on Sept. IL. 1896. he was
detained in custody against his Will
and consent by the sheriff of Silver
Bow county, but deny that said dsten-
ton was without warrant or author
ity.
Admit that on said last named date,
Melvin l.. Wines. as county attorney,
July elected and qualified as such In
and for Silver Bow county, file in the
district court of said county a written
request for leave TO file an information
as set forth In the petition for the is
suance of the writ of habeas corpus IN
this case, and admit that the Informal
ton marked Exhibit Il was duly filed
in said court.
1T is further admitted that there
was no examination of the said Will
lam Day by a committing magistrate.
and that he was not informed against
in any Otnef manner OF way iHdn ny
said Information, as in said petition set
forth, filed In said court pursuant 10
said request.
Deny upon Information and belief
that The said william Day vas for
chilly or against his will required TO
enter a plea of not guilty to said in
formation.
Admit that thereafter n trial was
duly had upon said information and
the said William Day was found guilty
Of murder in the second degree and
sentenced to the state penitentlary TOT
the term of so years.
Further answering said petition and
as a return thereto, the said Conley *
McTague show as follows:
That AT all of the times hereinafter
mentioned they were and now are the
duly authorized contractors and super
yisors of the state p~enitentiary, that
at all of the said times NJ. l.. Wines
was the duly elected county attorney
of Silver Bow county, and that quail
fying as such county attorney ne took
the constitutional oath OF office pre-
scribed by the constitution and laws
of Montana. That at the time of the
service of said writ upon the said Con
ley & McTague. they had in custody
as such prison contractors, ana now
have in custody as such. the said VIII
lam Day. and that the said william
Day is so detained in custody pursuant
to and by virtue of proceedings had as
follows:
THAT on Sept Is. 1896, Nj. l.. Wines
as county attorney, filed his written
request in the district court for leave
70 file an information against William
Day for murder in the nrst degree
That leave was granted, and that pur-
suant 10 said leave an information was
duly filed charging William Day with
the crime Of murder in the first degree.
II is further set forth that William
Day was duly arraigned upon said
information: that thereafter, on Sept
%. 1898, he entered a plea OF not
guilty TO said information. and that
thereafter, upon the issues fraTned oy
said plea, so interposed az aforesaid.
a trial was duly had in said court. and
that in the course of said trial a yer
dict was rendered and entered agalnsi
the said william Day.
.'That thereafter, on Nov. %, 1895
pursuant to said verdict. Day was dulN
sentenced by said court and thai
pursuant 10 said sentence a mlttimu'
aud warrant OF commitment was duly
issued by the clerk of said court, order.
ing and directing the confinement and
iuprisonment Of the said William Day
as said sentence n judgment pre-
scribed. And pursuant TO said trie'
and said sentence and aid warrant
William Day was turned oN'F 10 INV
custody Of the said Conley & McTaGue
contractors and supervisors Of saig
prison as aforesaid, and that the said
william Day is so detained by th'
said Coulay & NcTague in said prison
pursuant q the proceedings thus ha'
az herein set forth.
THAT said Conley g. McTague fur
iher show and say that the said VIII
lam Dav. at no stage Of the proceed
. H--- e.. fhA A1Fan ~ FhR rnfnVunaffnT
until the rendition of the sentence anl
judgment. interposed any objection 4
| said Information. nor did ne obtec.
10 any Of The proceedings a resulting
I'm his conviction as hereInbefore So
forth. bv reason that the said inforna
ton was not verified. and that n SAT-
information was defective By reason
~ the absence Of a verihcation, Their
vas and is a waiver Of such De
feet"
Threw Stones at a Woman.