The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-28
ANACONDA NEWS.
She 81 TRIED TO ABSC0ND.
Jury in Justice Court Decides
Against Mrs. Barnhill.
CASE BITTERLY FOUGHT
Osfense Would Not Consent to Sheriff
ytor Constables summoning the
Jury. So the Coroner Had to
Do the Work.

That Mrs. Barnhill is guilty Of trying
to abscond without paying her bills and
must be detained pending the settle
ment Of those debts is the verdict
brought in by jury in Judge ]. NJ
kennedy's justice court last night.
The legal battle that preceded this
verdict was hard fought one that at
tracted the biggest crowd to the police
court room that has assembled there in
many months From 10 o'clock in the
morning until 10 o'clock at night the
case was contested, and enough elo-
quence was wasted in it to supply two
or three murder trials. j. H. Duffy APP
peared for the prosecution and Walsh
& James for the defense
When the case was called Mrs, Barn
Mrs counsel demanded a jury, which
was granted Then followed a wrangle
over who should secure the jury. The
defense objected to the ,sheriff's office
being called upon to do that duty, and
as the name of each constable was
called. objected to him. Finally it was
agreed that the coroner should have the
task Of finding the jury.
Then began the liveliest days work
Coroner Hardenbrook has had to do in
years. He had to serve and bring into
court 80 men before six who were quail
fled to try the case could be obtained.
The case is that in which Mrs. Barn
hill was arrested Oct. 10 at the instance
of MacCallum & Cloutier on the charge
of being an absconding debtor it being
alleged that she was about to leave the
state and go to Idaho without paying
MacCallum & Cloutier $22S, 90 she owed
that firm. A citizen who was debtor
n firm or bn boI nt how ralo
tions with it was ineligible, hence the
difficulty in securing jury.
Every point in the case was fought
and wrangled over at great length t.
the edification Of the large audience and
to the evident disgust of Judge Ken
nedy, whose face steadily grew longer
as the hours went by.
The trial was not on the issue as to
whether or not the bill claimed was a
just one, but whether or not Mrs. Barn
hill had tried to abscond from the state
without paying it.
Oct. Mrs. Barnhills son was before
Judge Napton in the district court on
the charge of being incorrigible. AT
that time Mrs. Barnhill told the judge
that she was going to Idaho within
fifteen days, to live on farm. The
court accordingly suspended sentence
on the boy on Mrs. BarnhilFs promise
to take him with her. This was shown
III Tie eSlucIlGe II ALSO WAS SHOWN
that Mrs. Barnhill recently sold prop
erty to Walsh 6, James. receiving a
considera BILE sum for it, that last Thurs
day she got neighbor to go to the
depot. put the boy on the o'clock train
and then buy ticket for Mrs. Barnhill
herself and that some of Mrs Barn
hills clothing was sent away in her
boys trunk.
Mrs. Barnhill on the stand claimed
that she had changed her plans since
talking with Judge Napton and had no
intention of leaving the state, alth ough
she had sent the boy to Idaho. She
claimed that she was going to Basin
only.
When all the evidence was in the op-
posing counsel argued long and freely.
The case went to the jury at 10 o'clock
and within half an hour thereafter a
verdict against Mrs. Barnhill was re-
turned, unanimously, as shown by a
poll.
Mrs. Barnhill was released on a $500
cash bond put up by Mr.. Fowler.