Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-13
Kinds Should Not Have Made
His Demand on Sunday.
VARKER AND GUNDkY WERE
Purged OF the Charge of Contempt,
But the Attorneys Are Not
so Fortunate.

Judge CLANCY held a session OF court
this morning, but it was an abbreviated
one, the duration covering a period of
only ten minutes
Two contempt matters III connection
with the Boston & Montana Mining COM
pany muddle were to have been heard,
but the absence of John F.. Forbis, one
of the alleged contempters in one of
them, necessitated a p%ostponement until
8 O'Clock Saturday morning. In the case
of John Varker and William Gundry, the
two deputy sheriffs who refused to rec
ognize the authority of Receiver Kinds
when the latter demanded possession of
the Mountain View mine a week ago last
Sunday. the judge sustained the motion
to quash the charge, and in so doing
said;
LAS to the motion to quash in the mat
ter of John Varker and William GundrY,
have examined authorities and will
say, gentlemen, that l have concluded
that 1t is well taken. 1t seems that Re-
ceiver Hind went to the mines on Sun
day, which is not a legal day. He had
no business to go there on Sunday.
Therefore I think your position is cor
rect, and will sustain the motion.
Now, as to the other case, John f.
Forbis. L. o. Evans and William ii. De
Witt, the motion to uuash is not well
taken, and it will be overruled.'
Ransom Cooper, one of the company S
legal representatives, asked that further
proceedings be stayed until tomorrow or
Saturday, as Mr.. Forbis was absent from
the city. The request was granted, the
Judge setting 9 o'clock Saturday as the
time for taking it up.
In the matter of the suit of William
+ Waller against the Union Life Insurance
company, the attorney for the plalntl1I
suggested the death of Waller and asked
that the name of Barney Coll, the admin
istrator of the estate, be substituted for
tina of the plaintiff. The judge ordered
the change to be made.
Gustave B. Aldrich. the colored attor-
ney, petitioned the district court today
for a writ of habeas corpus to secure the
! release of G. L.. Swain from the city jail.
In the document he alleges that Swain is
! now unIawfully confined in the Jail, and
thattthe Illegal part of it IS as follows:
That on the nth instant he was arrested
by a policeman and imprisoned: that the
arrest was not made by virtue Of a war
ant issued from a competent court; that
upon inquiry as to the cause of the ar
rest Swain was informed that it had been
done at the written request of the sheriff
of Deer Lodge county.
The document further alleges that
Swain has been in Jail more than twenty
four hours without a formal charge or
complaint having been placed against
him in any court of the city or county,
as provided by the laws of the state;
or has he been permitted to go before
any magistrate for the purpose of giving
bail for his appearance. to answer for
any offense that might be preferred
against him.
Swain was taken into custody Tuesday
on complaint of w. j. Harrison, another
colored man, residing at $40 North Main
street. who claimed that Swain had
stolen from him some personal property.
Last night the county attorney filed a
complaint against Swain in Justice
Nichols court, but this morning Harrison
appeared before the justice and said a
mistake had been made in the man; that
while someone had stolen his goods and
chattels he had 40 positive proof that
Swain was the person that did it. The
Justice thereupon discharged Swan. and
the .habeas corpus proceedings com
menced an hour or two earlier were
squelched.
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