The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-10
BUTTE News.
UNITED STATES COURT
The Appeal in the Day Murder
Case.
A BILL OF EXCEPTIONS
The Case Will Go to the Court OF Last
Resort on the Ground That the
Prisoners Constitutional Rights
Have Been Denied.
A BILL OF EXCEPTIONS

ena night before last and business in
the federal court was resumed yester-
day morning, numerous matters of
more or less Importance coming up dur
ing the day.
The matter of chief Importance to &C.
= cupy the courts attention was a mo-
ton for permission to appeal the muir
: der case Of William Day to the supreme
: court of the United States and the filing
of bill of exceptions by Attorney John
N, Kirk, counsel for Day.
In 1896, Thomas Lee was murdered
at Meaderville by William Day and his
nephew, Jack Day, who called Lee out
of his cabin and beat him over the head
with a hammer, his injuries resulting
fatally. At the trial of the case. the
nephew was acquitted but William
Day was convicted of murder in the
second degree and sentenced to 60
years in the penitentiary. HIS counsel
: Attorney Kirk, subsequently applied to
Judge Brantly. sitting then as district
court judge in Deer Lodge county, for
a writ of habeas corpus, which was
'sgra nted, but the case being taken to
the supreme court Judge Brantly's ac-
tion was reversed. Attorney Kirk then
~~got the case into the United States
: circuit court by raising the contention
that the defendants constitutional
right had been denied him, or violated
in the trial in the state court, and in
September last applied to Judge
Knowles for writ of habeas corpus
on these grounds. The application was
denied and counsel of defendant allow
ed six months in which to file bill Of
exceptions. Yesterday Attorney Kirk
appeared in court and filed his bill of
exceptions and was granted an appeal
to the court of last resort.
Attorney Root. representing the cred
itors in the F. A. Bartlett bankruptcy
case appeared before Judge Knowles
and asked for an order citing Mrs
Bartlett to appear in court and be eX-
amined as to their property. The Or
der was made. directing that the nus
band and wife appear March 18th for
the examination and to show cause
why they should not turn over the mon
ey derived from the sale of their bust
ness to Ras Rochester. This money, 1t
been stolen from the Bartletts by bur
glars.
The trial of Cassie French of Walker
Vile for, as alleged, sending obscene
matter through the mails, which was
set for trial last Monday and continued
to yesterday, was again continued to
March 14th, owing to the inability of
the district attorney to take up the
case at the time set.
Return was made during the day on
the venire of trial jurors drawn last
H. Case c.. M. Lind, Peter Conway, S.
F. Fitchett, N. Genereaux, s. w.
Graves, j. j. Haggerty, T. NJ. Adams,
F. F. Curtis, Thomas J. Jeffries. L.
Iienneman. J. S. Lagro. John Ingram,
D. C. Lynch, ]. j.! Knowlton, J. B.
Kenyon.
A special venire of II more jurors
was drawn, returnable on the 14th.
In the case of the First National
bank of Dillon VS.. William Gallagher,
insane Hon. Richard J. Watson was
appointed guardian ad litem on motion
Of Attorney Root.
Petitions for discharge of the bank
rupts were filed in the bankruptcy
cases of j. A Parson of Butte and
f. w. Schiling of Missoula. March
Goth was the date set for hearing.
In the case of the Boston & Mon
tana company for partition of the Nc
Namara estate an extension of time
for taking proof was granted.
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