Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-20
The "Civil Service System"
Of "Juggery" Formerly
IN USE IN JUSTICE COURTS
Has Played Sad Havoc With the
Liberty Of An Alleged
Offender.

Contrary to expectations, James w.
Lacey did not secure his release from the
county Jail today, but he may later on,
as Judge Clancy has ordered the wit
nesses for the state to appear in court
next Saturday and have their testimony
reviewed.
Lacey is the man in whose behalf At
torney NJ. D. Kelly applied yesterday for
a writ of habeas corpus on the ground
that the record book of E. j. Lauran-
deau, the justice of the peace that placed
Lacy under a $500 bond to keep the peace
and sent him to Jail for life because he
could not furnish the bond, did not show
certain things in connection with the
case. In other words, Mr.. Kelly alleged
that it was full of %blunders, and under
these errors Lacey was being unlawfully
deprived of his liberty.
The charge against the prisoner was
the utterance of an alleged threat to kill
his wife. Mary. He was arrested on Oc-
tober 6 of last year and has been IN the
county Jail since that date at a cost of 90
cents a day to the taxpayers OF Silver
Bow county. Believing that the civil
service rules of alleged justice, or the
metropolitan system" of retention for
good conduct and ''strict attention to
business would keep him there for 100
years unless something was done to get
him out, Mr.. Kelly interested himself IN
his behalf and filed the petition for a
writ of habeas rpu For the time be-
ing Judge Clancy has denied the writ.
In presenting the matter, the county at
torney admitted that Lacey had been in
Jail longer than he should; and the judge
mentioned the fact that the prisoners
board had already cost the taxpayers
more than 800 in cold cash.
p. B. Handlin has withdrawn his ap-
plication to the court for an order grant,
ing him the right to survey the under
ground workings of the Blue Jay mine,
belonging to the Butte & Boston Mining
company.
James J. Neary. the murderer of Alex
ander Murray, who was convicted OF
manslaughter in Judge C1ancy's depart
ment of the district court yesterday after
noon. will be sentenced next Tuesday
morning.
1t was learned today that the defense
had serious intentions at one time of at
tempting to prove that Neary was not
the one that used the deadly knife on
Murray, but after mature elaboration
that it would be most too raw.
No attempt at appeal is to be made,
Neary and his friends, it is said. believ-
ing that another trial, even if secured,
might not terminate so we'll.
The preliminary hearing in the case of
the State against Burt Marsh, charged
with grand larceny, the squaring of a
suit out of court and subsequent
failure to pay over to the plaintiff the
amount of money, was commenced
in Justice Nichols court yesterday after
noon. but not finished. 1t will be re-
sumed next Wednesday.
A complaint charging A. L. Lafferty.
the colored catcher of dogs. with having
gone to the office of Floyd & Mcmillan
with a knife in one hand and blood in
his eyes and threatening to carve those
present, was issued today by the county
and filed in the office of Justice
Harrington. The trouble is alleged to
have occurred over the payment or non-
payment Of some rent for a dwelling
house.