The Anaconda standard., 1899-11-01
ANACONDA news,
BARNH|[L CASE AGAIN
This Time 1t Is Before Justice
Devine on a New Cause.
FIRST CASE REPEATED
The Court Rules Contrary to the Ruling
OF Justice Kennedy and Refuses
a to Surrender the Bail
Money.

The irrepressible Barnhill abscond-
Ing debtor case is up again, this time
before Justice William Devine. There
much the same proceedings as took
place in Justice J. NJ. Kennedy's court
are being taken, with the exception
however, that Justice Devine is ruling
in manner directly opposite to his
brother justice.
Justice Devine fought three rounds
with the case yesterday, and when
matters were concluded last evening he
was smiling and clipper, and Mrs.
Barnhill was still in Jail.
+ When, a week ago last Thursday,
Mrs. Barnhill was arrested at the in
stance of MacCallum & Cloutier on
the charge of being an absconding
debtor. she was released on bail and
Immediately thereafter was rearrested
at the instance of the Copper City
Commercial Company on the same
charge. she being indebted to the COM
pany in the sum Of $121.04. On this
second charge she was released, Peter
Fowler, a friend, putting up $3.50 cash
bail. Then the first case was taken
up, as already reported, in Justice
in Fowler, who was the bondsman
there also, drawing down that money
and, second, in the case going against
Mrs. Barnhill and in her being COM
mitted to Jail, where she still lies to
prevent her absconding.
Yesterday morning Mrs. Barnhill APP
peared in court to answer the Copper
City case before Justice Devine with
her counsel, and Fowler started In on
the case in the same manner employed
before Justice Kennedy. First she
presented an answer denying the Cop
per City company's bill. Next Fow-
Ter offered to surrender the person of
Mrs. Barnhill and demanded his $3.50
bail. The court took the offer of sur
render and the demand fox she
money under advisement until
i p, M, after the matter had been ar
gued 1t will be remembered that
when similar demand for the return
& Cloutier case, Justice Kennedy
granted it on the grounds that the ac-
tion was criminal rather than civil
and hence he had no right TO hold the
money.
At 1 o'clock Justice Devine announc-
ed his decision, taking the opposite
view and refusing to give up the mon
ey. He held that the case partook
more of the nature of d civil than a
criminal action, and held that the
money could be held as something that
could be levied on to pay the debt, as
there are decisions of high courts
which seem to bear out this contention.
Then the defense made a motion to
quash the proceedings. This was ar
gued at length and taken under ad-
visement to 1880 O'Clock. when Justice
Devine overrued the motion. He then
set the trial on the justice of the ar
rest for l o'clock to-day. The defense
gave notice that it would demand
jury. Justice Devine thereupon, on the
contention that the case is a civil ac-
tion, demanded that the defense pay
into court the jury fees before the
jury be summoned. In reply the de-
fense refused to pay these or any
costs. There will be no jury in con-
sequence. The hearing as to whether
Or not the bill of the c. c. c. Co. is a
legitimate one was set for 2 p. m.
: 1t is understood that an action will
be begun in the district court to-day
on behalf of Fowler, the bondsman,
against Justice Devine and his bonds
men for the recovery of the $3.50 bail.
The whole litigation is one of a ma
ture rarely seen in the courts and on
account of the bitter manner in which
It is being fought presents many pc
culiar phases.