The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-10
ANACONDA NEWS.
JIMMY LOSES THE BOND
Kangaroo Court Render an Opin-
ion Against Snohomish.
REVIEWS OTHER DECISION
Upholds the Rulings of the Park County
Kangaroo Court and Decides
Jimmy Has No Stand
ing in Court. .
REVIEWS OTHER DECISION

Judge McHugh of the Deer Lodge
county Jail kangaroo court has given
counsel to his brother of the Park coun-
~ jail's kangaroo court.
An opinion fully as weighty and per-
haps as true to the law as the decisions
of some supreme courts has been rem
dered by Judge McHugh on a question
submitted by the Park county kangaroo
court. This question was whether or
not the Park county kangaroo court
would be justified in appropriating a
certain SIS cash bond on motion for a
new trial put up by one Snohomish
Jimmy, who had been convicted of
stealing plate of mush, and sentenc
ing the prisoner to receive IS cobs for
daring to intimate his first trial was
not just
Judge McHugh's opinion, which was
mailed last night. follows:
Anaconda, Mont, Sept. Q, 1S99.-Hon.
Judge. Kangaroo Court. Livingston,
Mont -Honored Sir and Brother Judge:
Your letter received day before yes
terday, but as yesterday was a nom
judicial day in my district, l could not
pass upon the questions involved until
court convened in its official capacity.
In the first place, permit me to blush
lngly acknowledge your congratulations
upon my recent official conduct. In de-
Gliding as | did in the case to which you
refer, / was largely governed by the
decision of my illustrious predecessor
upon the bench of the United States su-
preme court: / mean the Hon. Justice
fancy, who, as you remember, passed
upon the bred Scott case in the follow
ing language: "A negro has no rights
which white man is bound to respect
With such a precedent to govern my
conduct, | could do no otherwise than
decide against the coored man.
1t affords me pleasure to state to you
that my judicial functions have been
fully restored by Sheriff Conley: never
theless | appreciate your kind offer to
come to my assistance with writ of
injunction, had the same been neces-
sary.
After converting court and assem-
bling the members of the bar of this dis
trict the legal question involved was
argued by attorneys appointed there
for by the court, and after being sufti-
GENTLY advised in the premises, the
following opinion rendered.:
Opinion per curiam-In the case of
kangaroo court VS.. SnohomiSh Jimmy
some delicate points of law are inNolV-
ed and as the transcript of the lower
court is somewhat incomplete, it viii be
necessary to a certain extent, to deal4n
glittering generalities. In the first place,
the onus probandi rests upon the de-
PENDANT to prove that he did not take,
steal and carry away one plate of
mush As far as we can judge, he to-
tally and inexcusably failed so to do.
We say this because he was convicted,
being confident that had he not been
guilty he would not have been convict
ed by the court in which he was tried,
or any other we'll regulated kangaroo
court. ....v
But by far the most damaging fea-
ture of the defendants case is the fact
that he deposited a cash bond for the
purposes of a new trial We consider
this as fatal laches on the part of Sno-
homish Jimmy, and to crafty our per
sanal curiosity would inquire from
what part of the country the unfortu-
nate defendant halls.
Then must be considered the au-
dacity of the defendant in presuming
that he had not obtained a fair trial,
which. as you say, is implied from the
fact of the motion for new trial.
we might proceed at length to enun
ciate our opinion of the legal features
of this case, but feel that one as well
versed in the law as you, my learned
brother, will not require any further
exposition upon legal technicalities and
feel that you will concur with this
court when | decide that all right or
title to the ownership or possession of
the So cash bond, which was originally
in the defendant or any of his friends or
attorneys. has ceased and the title to
the ownership and possession of the
aforesaid s. cash (net) is completely
vested in your honorable self, to do
with the same as you will and direct,
save and except the sum of two dollars
and fifty cents $3.50, upon which this
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