Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-02
RELEASED AND
RE-ARRESTEO
THREE MEN WHO MADE TROUBLE
AT HENNEssY's WERE IN
JAIL ALL NIGHT.
WARRANTS IN WAITING
WHEN THEY CAME OUT,
Judge Clancy Said They Should Have
Been Admitted to Bail-Gave
Bonds This Morning.

Patrick O'Brien We're arrested by Captain
Leyden of the city police force and Pa
trolman H. G. Mcdonald last evening on
a verbal charge of disturbing the peace at
the Hennessy Mercantile company's store
and spent the night in the county jail.
The three men are representatives OF
one of the b organizations and had
been detailed to assist in the work Of bow
cotting the Hennessy store. Shortly af-
ter their arrest several members of the
Silver Bow Trades and Labor ASSEMBLY,
went to the Jail and offered to give bonds
for the appearance of the prisoners in
court, but it was refused, the sheriff say
ing he had no authority to accept bonds.
The labor men then Wen to Mackel g.
Breen, attorneys. and had them a file a
petition for a writ of habeas corpus. The
petition was made returnable at once. 1t
stated that the three men were being I'M
lawfully deprived of their liberty with
out probable cause.
Judge Clancy issued the writ and it was
placed in the hands of Coroner Julien
for service on the sheriff. The latter,
however. could not be fOund at that time,
but about 8 o'clock this morning the coro-
ner taught him and got service. Judge
Clancy went to breakfast at 8 O'Clock n
by the time he returned complaints
charging the three prisoners with dis
turbance had been issued from the
" dllOIlicy . OiIlCS, lieu III JuSllCc ANlCH-
OILS court and warrants for the arrests of
the alleged offenders placed in the hands
of a constable.
Shortly before 10 o'clock Judge Clancy
! assembled the throne of his department
| and locke about the room.
! Where is the sheriff?' he asked.
HE is in the county attorneys Office"
responded Mr.. Mackel.
Tell him to come in here or Ill issue an
attachment for his BODY
Mr.. Breen notified the sheriff that his
presence in cOur was desired and the
officer started to leave the attorneys Of
flee, but turned back for something.
A minute later Mr.. Kelly, the chief dep
uty to the county attorney, entered the
court room and the judge said: "Mr.
Kelly, l understand you are interfering
with the order Of this court"
mo. I am not" answered Mr.. Kelly.
The accused men were her ushered
into the room by the sheriff, and a few
minutes later the latter made his return
on the petition for the writ, which vas
as follows:
THAT on the night of May /, 1900, the
above named applicants were placed in
the charge, custody and control of the
respondent by James Leyden, captain Of
police of the city of Butte, and Fl. c.
Mcdonald, a police officer, who booked
against them on the blotter of the county
Jail a charge Of disturbing the peace,
and who, as your respondent is in
formed and believes, made the arrests
of the S.cve named persons for the said
crime of disturbing the peace without d
warrant, the said crime having been
committed in the presence of the officers;
that the respondent is informed and be-
lieves and states the fact to be that there
is now pending in the court of E. A.
Nichols complaints under oath charging
the defendants with the commission of
the said crime of disturbing the peace
and that warrants of arrest nave been
issued and served upon he applicants
for said Grim Nevertheless, he has the
bodies of the applicants before this hon-
orable court as he was commanded to do
herewith"
Mr.. Kelly read the return.
why were these men taken out of the
city jail?' asked Mr.. Mackel. ''They are
held without right or authority, and the
worst possible construction can be placed
upon the proceeding. We asked last
night that a bond be fixed FOR them, but
it met with refusal. I say that in the
face of his return that the defendants
should be discharged. Where is the
| warrant for their arrest?"
Mr.. Kelly maintained that the captain
of police n policeman had a right to
arrest the men without a warrant and
the sheriff had no right to fix n bono for
them. 1t was the sheriff's duty. he said,
to keep the men in custody until re-
leased by the proper tribunal.
"Those men should have been allowed
to give bail last night" said the judge.
A cases are bailable save murder, and
I shall fix it so they can be admitted to
bail. 7 will discharge them and they
can be arrested after they get outside of
the court room. Then they can be taken
before a justice of the peace and their
bond IKE Gentlemen. you are dis
oho vCo1 Gn hnnco without f,1rthor in
Structions."
The three men conferred with their at
tOrneys a minute and then left the room,
but On reaching the steps in front of the
building We're again arrested by Consta-
BILE Ellsworth. who held the warrants.
They We're taken before Justice Nichols
at once and their bonds fixed at 500
! each. The bonds were furnished. They
will be accorded a hearing at 10 o'clock
! next MQudaY.