The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-21
THE WRIT WAS DENIED
Habeas Corpus Proceedings in
the Kingsbury Case.
HE EMBEZZLED A HORSE
Tha Is the Charge Against Him in the
South Dakota Courts-Naturalizs-
ton Papers Granted-Some
Failed to Pass.

FRANK hlnBSDuIN > dppllcdtlOu ~ a
writ of habeas corpus was heard by
Judge Lindsay yesterday afternoon n
the writ was denied. Kingsbury was
represented by Lawyer Thresher and
Chief Of Police Mulholland by County
Attorney Stapleton. The chiefs return
on the writ stated that he held Kings
bury by virtue Of a warrant Of arrest
from Governor Lee Of South Dakota,
and that Kingsbury was charged with
the embezzlement of a team Of horses
and wagon from a resident of Sioux
Falls. The warrant issued for the young
governors requisition on Governor
Smith were made part OF the return.
Mr.. Stapleton stated to the court that
no warrant for K~ingsbury's arrest had
yet been issued by the governor of this
state. as required by the statute, but
i'm California and other states the courts
have allowed a reasonable time after
arrest for the warrant to arrive. Mr..
Stapleton thought II was entirely a
matter of discretion with the court
whether the prisoner should be held or
discharged. He said If the court should
order the prisoners discharge 1t would
be necessary TO rearrest the defendant
on a warrant issued from a loca court.
Kingsbury's attorney represented to
the court that the requisition for the
defendant was issued on Aug. %. and
that he was arrested last Saturday and
has since been held without authority
or any process on which he could law
fully be restrained. The only warrant
ever issued was one issued at Sioux
Falls by a local magistrate and was
good only i'm that county. Mr.. Thresher
said the alleged offense was committed
two years ago N that the defendant
did not leave the state of South Dako-
Ia for a year and a half after that
time. The attorney read the law of
this state and said that under 1t the
defendant was entitled to a hearing
here. and that an agreement had prac-
tically been entered into with the county
attorney that the defendant might be
released on "A writ of habeas corpu
and be rearrested on a warrant and
given a hearing before some magistrate.
Mr.. Stapleton said he had agreed TO
such a course provided the court saw
proper to discharge the defendant.
1T seems to me-" said the judge, that
there is sufficient cause for the deten-
ton of the petitioner, n / shall deny
the writ
Attorney Thresher then asked the
court for an order that the defendant
be given a preliminary hearing and that
bail for him be fixed pending the ac-
ton of the governor on the requisition.
AS you well know said the Judge
to the attorney, the only matter before
the court is the question whether the
writ should be granted or denied, and
the court will make no further order"
kingsbury was then taken back to
Jail and will probably have to go back
to South Dakota TO stan trial for EN-
beZzling" a team of horses and wagon.
Judge Lindsay yesterday admitted the
following named persons to citizenship:
Timothy Mahoney, jeremiah Mullane,
James Ryan. Thomas WEIGH, Pat Ca
hill, Timothy O'Neill, Jerry Lowney,
owen Cooney. Tim j. Mccarthy. John
Lynch. Patrick McGordrick. Dominick
Roland, Gust. o .Westland. John Can
non, Pat Mackey. Matt Gleason, Martin
Fogarty. Mike Givindo. Angel Barufi,
Peter McAndrews, Pat Gilmore, d. A.
Mcdonald, James Riley, Pat =. Shea,
William Salmi, Andy Ryan, Philip Muir
ply. Eugene Sullivan. Dennis Hogan,
Jerry Mcmahon and Dan Holland.
a number of applicants failed to pass
for various reasons. Several Austrians
were denied their papers because of
their dense ignorance concerning the
English language and the country they
desired To honor with their citizenship.
Phil Carr. charged with receiving
stolen property. pleaded not guilty yes
terday afternoon. Carr wanted a
speedy trial. but Judge Lindsay de-
clined to set he case for trial in the
absence of Judge Clancy.
The contest in the Larkin estate,
which had been set for hearing yester-
day, was. by agreement of parties. con-
tinued until Friday morning.
The executor of the Tuohy estate was
authorized to lease several undeveloped
mining lain
A petition was filed in the district
court yesterday for letters of admins
tration of the estate of John ]. Neary,
who was killed in the Green Noun
tain mine accident a few days ago, in
which John J. Neary and his cousin,
John +. Neary. were killed by a blast.
John J.. Neary had 1850 on deposit in
the First National bank. The petition
was filed on behalf of James Neary,
a brother of John ]. Neary.