The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-25
BEFORE JUDGE CLANCY
A Genuine Surprise for Theodore
Lawrence.
WAS MIXED WITH CHAGRlN
Discovered That He Had Done Time''
and Will Be Prosecuted Under
the Habitual Crimi-
nal Act.

! Theodore Lawrence and his attorney
were treated to a genuine surprise in
Judge Clancy's court yesterday. 1t was
a surprise mixed with chagrin if not
i disgust. Lawrence was informed
/ against for grand larceny, having OBJ
/ tanned $55 from William B. Jenkins on
some fake DEAL Lawrence's attorney,
z. T. Cason, filed demurrer to the
information and 1T had been set for
/ argument yesterday. The surprise came
4 when County Attorney Connolly got up
1 and confessed the demurrer and dis
| missed the information Immediately,
/ however, he asked for and was granted
/ leave to file a new information. Law
renee and his attorney could not quite
understand the proceeding until they
learned that the county attorney had
discovered that Lawrence had already
done time" in the penitentiary and
| that he was therefore subject to prose-
| cution under the habitual criminal act.
| A new information will therefore be
filed against him charging him, in add
| ton to grand larceny, with prior
| conviction, and his chances for long
| term in the penitentiary are good. He
was sent up in 1892 for one year for
| forgery.
| Llewelyn S. Hatch, charged with en-
| bezzlement from an insurance COM
| pany had been cited to appear in court
| yesterday for the purpose of having
| his case set for trial. He was present,
but his attorneys were not ready. Mr..
Cotter stated to that court that Mr..
Hartman of Bozeman was chief counsel
| for Hatch and he could not be present
at this time. The court was therefore
! asked to postpone the setting until Mr..
| Hartman could be present
The court said that was no excuse
at all why the case should not be set.
| The absence of an attorney is no
| excuse" he said. You might as well
go off to Boston as to Bozeman for a
lawyer. The absence of Mr.. Hartman
worked for a time pretty well to secure
| postponements of this case, but the eX-
cuse is worn OUT
Mr.. Connolly, the county attorney,
| then asked for postponement until 2
| o'clock to give him time to consult a
| representative of the insurance COM
pany, but the judge wouldn't grant
even that much more time and set the
| case for trial Aug. %. a,t
| Don't your honor expect to take a
vacation this summer" asked Mr.. Cot
| ter.
ST do not, but perhaps you do" was
| the reply. ST..
IF you are going to set the case for
| that date / will ask that it be set sub
| ject to a motion for a continuance"
mo, I won't" said the court. "The
| case is going to be tried on that date
and Mr. Hartman had better be on
| hand"
One Of those amusing incidents not
uncommon in Department II. of the dis
| trict court occurred yesterday during
the hearing of arguments on a demur-
rer in the damage suit of Charles
Smith against the firm of Winters, Par
| sons & Boomer. Alex Mackel repre-
| sented Smith and John w, Cotter an
peared for the defendants. Mr.. Cotter
presented the points of his demurrer
briefly, and after a few remarks in re-
ply by Mr.. Mackel the latter admitted
that the demurrer was well taken on
some grounds and confessed 1T; but not
withstanding it the court overruled the
demurrer.
You mean sustain It, your honor"
suggested Mr.. Cotter
NO l overrule it." said the court
Then 1 will take an exception and
take 10 days to answer" said Mr. Cot
ter.
Mr. Mackel entered protest. He
called attention to the fact that he had
confessed the demurrer and he wanted
leave to amend his complaint.
Il OBJECT to leave being granted them
to amend under the condition the rec
ord is in," said Mr.. Cotter.
The plaintiff will have 10 DAYS to
amend, said the court after hearing
Mr.. Mackels desire as to time,
Mr.. Cotter took another exception and
then asked for and was granted 20 davs
to answer.
The application for writ of man
date In the action of Edouard Berth
emet against Sheriff Regain was heard
yesterday afternoon and the writ was
denied. ~
In the Shafer murder case the conn
" attorney secured an extension of
~ Gays in which to file amendments
to the bill of exceptions.