The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-11
WAS A hot FINISH
NEW COMPLAINT IN THE BARNA-
MAN CASE CREATES TROUBLE.
PRISONER LEFT THE ROOM
His Bond Declared Forfeited-Booth
Says It Cannot Be Collected-The
Attorney Must Show Cause in
Contemp; Proceeding.

The preliminary hearing in the case Of
the state against Charles l.. Barnaman,
charged with perjury in connection with
the Bordeaux divorce suit, was to have
been launched in Justice Nelson's court
this afternoon, but it wound up in a
fiascO, the escape of the defendant and
request from Ed S. Booth, one of his
attorneys, to be allowed until 10 o'clock
tomorrow morning to show cause why
he should not be punished for alleged
contempt of court
Harry D. Moore assistant attornev
general, appeared as special prosecutor,
but Mr.. Booth objected to him having
anything to do with the case and de-
manded his authority for appearing
Mr.. Moore said he was willing to be
sworn as TO his authority, but Justice
Nelson decided he was eligible to take
charge of the case without formality.
Mr.. Moore then asked for and was
granted the privilege of filing an amend
ed complaint against Barnaman, the
complaint being sworn to by E. 4.
briggs, father of Mrs. Bordeaux
The defense at once maintained that
there was no such thing as an amended
complaint in preliminary to "a criminal
action and challenged the assistant at
torney general to find clause in the
statutes which gave him the right to do
1t. 1t maintained that before another
complaint could be filed the first one
would have to be dismissed and then the
document called an amendment" would
have to take the shape of a new CONF
plaint.
Having laid this phase of the case be-
fore the justice, the defense asked for
"a hours in which to examine the new
complaint.
Mr.. Moore claimed that it was CUSTOM
airy to file amended complaints in pre-
llminary hearings; the defense asserte ed
that custom was not law
Barnaman was in the courtroom when
the new complaint was filed and his at
torneys told him to skip and he skipped.
IF you intend to proceed under the
new complaint and you want the &C.
fendant.' said Ed. S. Booth, you will
have to issue a new warrant Cor him
and arrest him over again.
Since you have dismissed the original
complaint the bond under which 1T. was
held is not worth the paper on which il
is written.
IF you desire to proceed under the old
complaint we will have the defendant
here in five minutes, but the assistant
attorney must first agree to not attempt
to file the new complaint afer he re-
turns
This Mr.. Moore refused to do He
however, offered to proceed un ier the
old complaint.
Justice Nelson decided it would be all
right and called Barnaman threa times,
but there was no response.
II think he is now down about Silver
Bow said Constable Cosgrove.
Justice Nelson declared Barnaman's
bond Of $500 declared forfeited.
He then issued another warran. for
Barnaman's arrest and Constable Cos
grove went in search of the fugitive.
The justice then asked Attorney Booth
if he had any reason to show why he
should not be punished for contempt Of
court for remarks uttered during the
proceedings and Booth replied that ne
would show cause at 10 o'clock tomo,-