The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-14
IT IS A TANGLED CASE
The Robinson Matter Gets a
Hearing.
IN THE DISTRICT COURT
Demurrer Sustained and. an Amended
Complaint Ordered-An Application
for Writ of Certiorari and
Habsas Corpus.

Missoula, Nov. 13-This was H. r.
Robinson's day in the district court.
The deputy United States marshal of
Idaho, who has had so much difficulty
in Montana, was the central figure all
the afternoon and his numerous cases
furnished lot of opportunity for ar
gument that was bewildering to those
who have not followed the case and
perplexing to those who have. The first
of Robinson's numerous cases to come
up was the charge of felony that is
standing against him. for which he
was held by Justice Adams of Thomp-
son to await the action of the district
court, jointly with Frank Rose, on
charge of impersonating officers with
out authority. This is the case that
grew out of the attempt of Robinson
and Rose to capture the Wallace
miners who escaped from the bull pen.
On motion Of the county attorney F.
G. Higgins and p. z. Prince were ap-
pointed to assist in the prosecution.
The prisoners had been released upon
$1,000 bonds each. The case came up
in the regular order this afternoon,
when J. NJ. Evans, attorney for the de-
PENDANTS, demurred to the complaint
on the ground that the information lid
not state whether the defendants are
accused of being deputy sheriffs act
ing without due authority of law or
whether they are accused Of being per-
sons not deputy sheriffs pretending to
be such deputies and exceeding the
functions of deputy sheriffs. This de-
murrer was argued at length and was
sustained. Then ensued a lively dis
cussion between the court and attor-
neys for the state, the latter arguing
that the court must make an order in
structing the county attorney to file
an amended or corrected information,
or else the prisoner, under the codes,
will be freed from custody. The mat
ter was discussed at length. the court
taking occasion to call the attention
of the county attorney to the fact that
he had put the county already to an
expense Of several hundred dollars in
this Robinson business without hay
ing accomplished anything. The county
attorney replied that when he thought
man was guilty he could not spare
expense to secure a conviction. The
matter was finally settled by the court
making an order that the county attor-
ney prepare an amended information by
Tuesday morning.
Robinson had an inning later in the
afteroon, when the application of his
attorney came up for writ of GER
tiorari and writ of habeas corpus.
These wrfts were asked for in connec-
ton with the recent conviction of Rob-
inson in the court of Justice Adams at
Thompson where Robinson was SEN
fenced to 60 days in the county jail for
displaying deadly weapon in a threat
ening manner. HhThe writs were asked
for on the ground that Justice Adams
had erred in refusing to grant a change
Of venue asked for before the hearing
began. The writ was granted and all
proceedings subsequent to the applica-
ton for change Of venue were an
nulled. Robinson was also given judg-
ment for costs.
Then came one more incident Rob-
ison was early in the history of these
cases arrested upon a warrant from
the court of Justice Hayes in this city,
charged with displaying a deadly wea-
pom. The alleged offense was commit
ted at Plains. Later the county attor-
ney moved to dismiss the case in JUS
tice Hayes court. This was done and
Robinson was rearrested upon a war;
rant issued by Justice Meaney of
Plains. In the hearing before Justice
Meaney Robinson was discharged. At
Thompson last week Robinson was
again arrested on a warrant from JUS
tice Adams for this Plains offense. A
change of venue was taken to Plains
and another change was taken from
there to the court of Justice Hayes in
this city. where the original complaint
was made and where the case was dis
missed once. When Robinson was freed
by the granting of the writ asked for
to-day he was again arrested upon this
charge. Acting upon legal advice the
sheriff refused to accept bonds, as no
bond was fixed in the warrant, SO Rob-
inson, under bonds of 81 900 in the fell
ony case, is still in Jail upon the INSIDE
meanor charge. 1t is a complicated
case.
The court transacted other minor bus
mess during he day IN the case of
Cora Belle Burke VS.. Thomas j. Burke
an action for divorce, the default of the
defendant was entered and the case set
for hearn Nov. IA at p. m.
In the damage suit of Mrs. w. T.
Strong VS.. J. ]. Buckley, the attorneys
for the plaintiff asked that leave be
granted to prepare motion for a new
torneys for the defense on the ground
that the request had not been made
within a reasonable time.
In the case of +. 7. Sterling VS.. Coun-
ty Treasurer Higgins, the hearing of ar
guments on the demurrer was set Cor
Nov H.
motion to strike out certain portions
of the complaint in the case of Blanken-
ship vs. McLain was set for Nov. IA
In the case of Allard ct al. VS. Nc
Laughl1n. sheriff. the motion to retaN
casts. which had been taken under ad-
visement, was sustained by striking
from the cost bill $3.50 and overruled
as to the remainder.
The default of the defendant was en-
tered in the keith-karcher injunction
case. The court overruled the demur-
rer in the injunction case of William
Spurgen VS.. Mrs. Alex DeLong and at
rtorneys We're given until Nov. Is to pre-
pare an answer. Various minor probate
matters were disposed of during the
forenoon session.
The county attorney, having an UNI
usual amount of work at present, was
granted associate counsel in several
criminal matters, aside from the Robin
son case, already mentioned
In the burglary case against Frank
Bush, Monte Roy Mason and Charles
Harris. C.. H. Hall and F. G. Higgins
were appointed to assist the county at
torney. The defendants took the statu-
tory time to plead and were placed an
der $1,000 bonds.
In the case of Attention Rockefeller
who is charged with assault in the first
degree upon a Chinaman, P. z. Prince