The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-05
A Livingston Lawyer Discovers
a Defect in the Papers.
IT MAY BE QUITE COMMON
The District Court at Work on the
Longest Calendar in Ysars-Some
Important Cause.-The Treas
urer Of PARK County.
Special Correspondence of the Standard.


count of an incident connected with a
case in the justice court. Some months
ago prisoner was taken to Jail Cor
resisting an officer, being drunk and
disturbing the peace. At the trial he
pleaded guilty and was given a good,
stiff sentence-one which would allow
him several months to ruminate on the
error Of his ways. AS a proof that his
own errors were not the only mistakes
which came under his consideration,
the prisoner now walks the street
free man, having been released from
Jail by writ Of habeas corpus which
directed the courts attention to an er-
ror in the writ by which Sheriff Young
detained the prisoner in Jail. M. R.
Wilson was the lawyer who detected the
fault in the Justices record, and in a
conversation had with the Standard re-
porter that able lawyer said:
This is the first time 1 ever had oc-
casion to examine the justice court rec
ord or question the legality of the writs
committing prisoners to Jail. l find that
the form which has been used here for
years is absolutely worthless under the
statute, as it is merely an order to the
sheriff to take and receive the said
prisoner into custody and imprison him
in the Jail of your said county This
order Is given after reciting the fact
that the prisoner has been tried and
found guilty and describing the terms
of the sentence, but, according to sec
ton 2719 of the criminal code, the JUS
tice is required to deliver to the sheriff
a copy of the judgment, anu under this
the sheriff holds the prisoner until the
demands of the law are satisfied. The
faulty form has been in use in this
county for years, each justice using the
form used by his predecessor and be-
lieve the courts of many counties in the
state are committing the same error.
There Is form in the statute, section
1887 of the criminal code, which is used
when a prisoner Is bound over to the
district court, SO 1t Is only in minor Of
lenses that the error in the proceedings
is found. / do not believe that a single
prisoner has been properly sent to Jail
to serve a sentence in Park county. of
which a justice court has jurisdiction,
since Montana has been admitted as
state. l wouldn't be surprised If The
old territorial form of mittimus is IN
use in nearly every county in the state"
The county attorney has drawn up a
form for the justice to use hereafter,
and it is altogether likely that prisoners
sent to Jail in Park county in the future
will carry credentials which will be
without flaw.
The district court convened in this
city Monday morning at 10 o'clock and
a beginning was made at what promises
to be a very important ternl--in fact,
the heaviest calendar in years There
are eight criminal cases on the docket,
and County Attorney Miller stated to
the Standard reporter that he expected
to try all the criminal cases on the cal
endar this term. The first case is that
~ Ia t>ia Voh yIrhn will h a wa
his second trial for assault in the first
degree He is out on bail. William J..
Haverstack is in Jail and is COM
planned against for assault in the sec
ond degree. Henry Rockinger is in jail
charged with murder, as is also Boliver
A. Stephens. DIN Hutchins is in Jail
charged with grand larceny and Will
lam Brown and Thomas Williams are
in Jail, complained against for black
mail. John McCleary, charged with
rape, Is also in Jail Information was
received to-day that the friends of
William Smith had secured Charles S.
Hartman of Bozeman to assist the
| county attorney in the prosecution OF
B. A. Stephens, Smiths slayer. The
case is circumstantial and hard fight
| is looked for
| Saturday evening about half-past
o'clock the first fire which has occurred
| in Livingston in many months broke
out in the Northern Pacific ice
house, situated in the railroad yards
in the eastern part Of town. A high
wind was blowing at the time and the
gale famed the flames until the inflam
mable material Of which the ice hoIsf
was constructed was ablaze and tbs
| long lines of cars standing near upor
! the tracks were in serious danger. The
| fire department did as pretty piece OF
| work as has ever been done at a fire
in this city. Assistant Chief Chamber
lain was the first fireman on the ground
and had stream of water playing or
| the fire before the alarm was given by
blowing the water works whistle. I'm.
| der the direction of Fire Chief Nelson
who soon arrived, nearly 1000 feet o,
| hose was strung and TWO streams KEEP
| playing on the fire. The railroad mer
| worked hard to save the cars and theil
| efforts prevented a great deal of thu
| company's property being destroyed.
car of wheat and one of coal and ca
| of empty beer kegs went up in smok
| with the ice house and it was only b!
hard work that the fire was kept from
spreading to adjacent property. Al
immense number of cedar posts wer
piled adjacent to the ice house and hat
these taken fire there is but little doub
but the larger portion of the shope All
company buildings would have been ig
| IlIleu Wy Lie lSiIlS SpdIhs. LIE III
department is entitled to great credi
for their good work and had the com
| pany provided sufficient hydrants il
the yards there can be no doubt but tn
work of the department would hav
| been much more effectual. The ic
house was the largest structure of tn
kind in the yards and was nearly full
| of ice.
A movement has been lately begu,
which will probably result in great goo,
to the city of Livingston and surround
ing country. 1t is purposed to erect
stand on the depot platform containin.
samples of the rich ore of Park count.
mines for the benefit of travellers pass
ing this way who may desire informa
| ton concerning Park county mineral
| The stand will have a glass front ant
be protected by iron bars to prevent thu
contents being stolen and several cleo
trio lights will be placed in the stant
to illuminate the cabinet by night, when
it is expected, it will be most observed
by the travelling public and when ]
will present the most attractive ap
| pearance. The ore of Park county ii
rich enough to excite amazement ON tn