Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-28
IT "%RA7TLEO" HIM
Judge Clancy Was Compelled
to Speak Loud
A 0 IN COURT
Inc Latter'S Real Name Divulged
For a Second Criminal Cases
Set For Trial.

Judge Clancy convened his department
OF; the district court this morning to a
fair sized audience of attorneys and
others.
In the matter of the divorce suit of
Michael Harrington VS.. Mary Harring-
ton, the plaintiff was granted a decree.
In giving his testimony he said his wife
had a very violent temper and on one
occasion had attempted to carve him
with a butcher knife, slapped his face,
threatened him and refused to prepare
his meals.
In the matter of the guardianship of
the person and estate of Mamie Rogers,
Judge Clancy concluded to honor a re-
quest for its transfer to Judge Lindsay's
department. as he had handled some
phase of it before and was more familiar
with it's details.
James ]. Neary, the slayer of Alexan-
der Murray, through his attorney, John
w. Cotter, filed a written motion in
Judge Clancy's court his morning to
quash the information against him. In
the he alleges that the court
had no jurisdiction to grant the county
attorney leave to file the for
the reason that the application did not
contain or state facts sufficient to war
rant the court in honoring it.
Neary further alleges in his motion
that he has never been given a prelimin-
airy examination before a magistrate and
l,a. ,,,,,,, ,.,;,-nl p,,,I yiuht
John Searle, Charles Olson and Robert
Sillary plead not guilty to a charge of re-
ceiving stolen goods. Sillary is a little
deaf and in consequence came very neaf
telling the court his true name.
what is your name?" asked the judge.
"Sir," answered Siilary, backing his
right ear with his hand.
what is YOU name?'
With his HAND still behind his ear Sill
larry moved up closer to the throne and
said sir a second time.
What is your name?' roared the
judge.
"Oh,'' said Sillary, with an expression
of Illustration on his face, my name is
William Hopp-no, no; it is Robert Sill
larry"
And when he resumed his seat he look
ed as if he could kick himself.
His trial was set for the 3Oth. Searle
will also be tried on that date and Olson
on the day following.
The following other cases were set for
trial: Ferdinand Either, on the 3lst;
Tom Murphy. February 2; Thomas Brown
Feb. /; John Harrington Feb. 3.
On motion of Robert Mcbride, AleXan-
der Mackel was admitted to practice IN
the courts of Silver Bow county pending
the final determination of his application
in the supreme court Of the state.
In the case of the Montana Union Rail-
way against jerry Rosenstein,
the allowed the name of G. w. Bar
nard to he entered as the co-defendant on
Rosenstein.
The preliminary hearing in the case Of
the state against Samuel Phillips charged
with the murder of Adolph SchWade, was
not resumed today as per continuance a
few DAYS ago. but at the appointed hour
all the parties to the action were on hand
Attorney George b. Dygert, who is look
ing after the interests of the prisoner.
showed Justice Nichols five letters he had
received from Spokane in connection with
the case and then asked hat Phillips be
discharged.
lS N'tIl'S l NJ 49, ~
lief that Phillips was innocent of the
crime with which he stood charged, but
thought his identification should be made
more positive before he was turned loose.
This suited the defense, and after a
short discourse on how it shOuld be &C
complishcd it was decided to photograph
the prisoner and send a COP of it to
Snokanc for Identification It Will pro-
badly AXE a week to do all this and get
returns: consequently the justice will not
render his decision until next Saturday.
Mr.. Dyecrt is in receipt of two more let
ters from Spokane. One is dated Sacred
Heart hospital, Jan. %, and is signed
Sister Peter of Alcantara." The epistle
saws: AN examination Of our register
shows that Samuel Phillips was admitted
to our hospital as a county charge March,
Q. 1897. and hat he was discharged March
25. He is also entered on our books as a
Hebrew 0nd as having been under treat
ment for 4 cut finger. No mention is
made as TO which finger or joint was in
iured. His age was given as %. It is Gus
tomary for us to make a note of the
length of time a count charge has been
in the county. Mr.. Phillips had, at the
time of his admission, been residing four
months in spokane"
The ether letter is from w. WiscOmbc.
proprietor of q Touring mill at Spokane.
He says that in 1897 he was a member Of
the board Of public works in that city
and as such was superintendent Of work
on the streets. He hired the men. On the
18th of May. 1897, he put Sam Phillips to
work. am positive I can Identify him.
says Wiscombe, ''as he had a peculiar
look, what 7 would call rather a hard
looking c~ountenance."