The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-11
ANACONDA NEWS.
BARNH|lL CASE TODAY
Writ of Habeas Corpus Granted
to Mrs. Barnhill.
ARGUMENTS TO BE HEARD
This Afternoon in the District Court-A
Strong Legal Fight Is Expected,
Allegations OF Mrs. Barnhill
in Her Petition,

Another round will be fought in the
famous Barnhill case at . o'clock this
/. afternoon in the district court. Mrs.
/. Barnhills attorneys have filed a peti-
ton for a writ of habeas corpus. which
writ was granted and the matter will
come up before Judge Napton this at
ternoon.
II Mrs. Barnhil's attorneys don't sue
coed this afternoon in getting their
client out of Jail, they will probably
go through the bankruptcy court,
which is their only show left by which
they can get Mrs. Barnhll liberated,
and attorneys say 1t is a question
whether they can or not.
Among the allega tions made in the
petition are the following:
THAT the reason of the said confine-
ment and Imprisonment of your petit
toner Is as your petitioner is informed,
under and by virtue of certain proceed
ings had by j. NJ. Kennedy, police
magistrate and ex-offiCiO justice of the
peace, in and for the city of Anaconda,
in a certain action wherein MacCallum
& Cloutier, a co-partnership, was the
plaintiff, and Mrs. Missouri /. Barnhill
your petitioner herein, was the defend
ant, and in which said action this petit
toner was on the 18th day of October,
1899, taken into custody under and by
virtue of an order of arrest issued out
of the court of the said police judge
in said action, in proceedings under
bail and arrest in civil action, and as
she Is now and ever since has been
held under arrest and custody except
for the period of few days, to-wit:
From the Goth day of October 1899, and
until the 2sth day of October, 1899, dur
ing which time she was released from
actual custody under bail.
That said arrest and detention of
the defendant is wholly without au-
thority of law, in this that the affidavit
upon which said order of arrest was
issued does not state facts sufficient to
confer upon said court jurisdiction to
issue said order of arrest: a copy of
said affidavit is hereto attached,
marked Exhibit a., and made part
of this petition.
THAT no good and valid bond or TN
dertaking was executed by the plant
lifts in said action as required by law,
and that by reason thereof the said
court acted without jurisdiction and
authority to issue an order Of arrest
in said cause, copy of the pretended
bond and undertaking is hereto at
tached, marked Exhibit B. and made
a part of this petition.
THAT the said court did not issue
to the sheriff of said county it's order
Of arrest in manner and form re-
was not issued to any peace officer of
said county or under and by authority
of or in the name of the state of Mon
tana, nor does said fixed or author
lied the taking of bail as by law re-
uuired. A copy of which said order
of arrest is hereto attached, marked
Exhibit 'C' and made a part of this pc
tition.
THAT afterwards, to-wit: On the Goth
day of October 1899 the said police
Judge, while acting in his capacity OF
Justice of the peace. rendered Judgment
In favor of the plaintiffs and against
the defendant in said action for the
amount of the plaintiffs said claim.
THAT by reason of said judgment SO
entered in said cause. the said defend
ant Is now confined under the said
Judgment in the custody of the sheriff
of said county in the county Jail of
said county. a copy of which said juig-
ment Of said justice court is hereto at
tached. marked f. exhibit ID and
made part of this petition.
THAT under the Judgment and pro-
ceedings had in said cause, the plead
ings and files therein. and the judg-
ment therein rendered, this petitioner
is unlaWfullv restrained of her liberty.
by the said sheriff. and that the said
sheriff had detained and confined this
petitioner and does now detain and
confine her in the county jail aforesaid,
without due process of law, and that
no legal process or any process OF SAID
court for her detention and commit
ment has ever been issued to the said
sheriff for detention and commitment,
and that the said detention and COM
mitment of the petitioner Is against
her will and consent, and her detention
under said Judgment is without author
ity and due process of law.
Wherefore your petitioner praYs
that writ of habeas corpus issue to
the sheriff of this county of Deer Lodge
to the effect that your petitioner be
brought before the honorable judge of
said court that the Legality Of her i'm
prisonment and detention by the said
sheriff may be inquired into"