Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-19
Judge Clancy and His Clerk
suddenly Awakened
BY A LAWYER AND DOCTOR
Armed With a Petition for a Writ Of
Habeas Corpus.-They
Climb Out.

Ernest HardcaStle, were arOuSeu AIoiA
their slumbers between 3 and 4 O'Clock
this morning and asked to make the
necessary legal representation on a petit
ton for a writ of habeas corpus pre-
scented by DR.. Hansen of the Hennessy
block through, Attorney w. M. Bickford.
The unseemly hou call was due to the
fact that Sheriff Denny of Missoula
county arrived in the city last night with
a writ of attachment for the doctor, and
announced his intention of taking his
man to Missoula this morning. 1t APP
pears that the doctor had been sum-
moned as a witness in a civil suit now on
trial in the district court at Missoula,
but when his name was called yesterday
he failed to respond The judge issued a
bench warrant for the absent witness,
and Sheriff Denny came to Butte after
him. The witness did not wish to tes-
tify and resisted the attachment. Sheriff
Denny told him he would take him
whether he wanted to go or not. The
doctor called at once upon Attorney
Bickford and placed the matter in his
hands. He said that while the parties
who wanted his testimony had sent him
SO as witness fees it had not insured his
mileage. The attorney informed him he
did not have to go, basing the advice on
the following paragraph of the Penal
code of Civil Procedure, relating to
means of production
Section 33O4-A witness is not obliged
to attend as a witness before any court,
Judge or justice, or any other officer, out
Of the county in which he resides, unless
the distance be less than thirty miles
from the place of residence to the place
of trial"
AS the Missoula county sheriff threat
ened to Jail the doctor for the night and
take him away today, MI. Bickford pre-
pus and had the court take action on it
without delay. Tn judge issued the writ
and set the hearing for 2 o'clock this
afternoon.
The sheriff based his claim to a recog-
milton of the attachment on a clause in
the constitution which is alleged to give
a district court power to exercise in any
by it.
The matter was taken up promptly at
2 o'clock, with Mr.. Bickford at the bat
and the doctor in the box-the jury box.
The former read'the petition, which was
to the effect that H.. H. Hansen was
soula by one D. D. Curran (nstead of
Denny, in a name contrary to law:
that said H. H. Hansen had in this city
a number of patients requiring his at
tention; that while he had received SO
with which to make the trip it a been
rendered in the nature of a check, which
was not a legal tender, and he had re-
turne it to the sender; that the sum re-
quired to defray the expense of such a
trip would be $685. 20. The attorney read
the section quoted and in answer to it
the county attorney said it was uncon-
stitutional and in conflict with another
section. He said he had understood that
on ronOrtovt nn0rofi0n vyhi0h had nro-
vented the doctor from going had been
performed this morning n he doctor
was ready and willing to obey the order
of the Missoula judge.
In rendering his decision the Judge
stated that the witness had not been
rendered his legal fees in advance, as
provided by the statute, but he would
not interfere with the sheriff from Mis-
eoula. The writ was denied.
Attorney M. D.. Kelly has taken the
preliminary steps in an endeavor to Sc
cure the relase of James w. Lacey from
the county Jail. This morning he APP
piled to Judge Clancy for a writ of habeas
corpus and the judge signed the applica-
ton and issued the writ. The document
directs the sheriff to have Lacey in court
at 8 O'Clock tomorrow morning.
The petition alleges that on the 9Th of
last October Lacey was arrested on a
charge of threatening to kill Mary j.
Lacey on or about the first of the same
month; that on the 18th he was tried be-
fore Justice Laurandeau and bound over
In the sum of $500 to keep the peace; that
Lacey failed to give the bond and was
consigned to the county Jail where he is
still being held without due process of
law; that the binding over was u to the
testimony of witnesses who alleged that
Lacey used towards Mrs. Lacey the
Words ssThiO iC OnfnO IN HyirS ~ IN -
murder-there is going to be a murder
right now"
The petition further states that Lacey
is entitled to freedom because the docket
OF the justice does not show that there
was cause or reason to believe that
Lacey intended to carry out the threat;
that it also fails to designate the name
of the state or the person at whose in
stigation the charge was made; that no
time Lacey should keep the peace is men,
toned or that a commitment directed to
p. H. Regan was issued.
John Schneider appeared at the county
attorneys office his morning with his
collar and other sections Of his wearing
apparel literally spattered with blood.
He exhibited two wounds, one on the
right temple n the other at the apex Of
his head which he sal had been made
by a knife in the hands Of Abraham
Nyme a few hours before. He asked for
a complaint charging Nyme with assault
and was accommodated. the document
being filed In Justice Smiths court at
South Butte.
In relating the circumstances of the al
legged assault to the attaches of the pub
lie prosecutors Office. Schneider said ,hat
Nyme returned home last evening and
raised q ruction and he had taken the
part Of the ones alleged t2 have been
abused. About 2 o'clock this morning
Nyme n himself run against each
other in East Mercury street and Nyme