Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-16

WAS RELEASED
He WAS CHARGED WITH ILLEGAL
REGISTRATION AT THE LAST
ELECTION.
SAVED BY ABSENCE
IMPORTANT WITNESSES.
Kemp, Charged With the Same Offense
Sentenced to One Month in Jail
Other Court Matters.

Charles Fitzpatrick was released from |
custody by Judge Clancy this morning |
and sent on his way rejoicing. the re- |
LEASE being sanctioned by the county
attorney, who filed a request for leave
to not file an information against the
defendant on the ground that the COM
planning witness, Albert l.. Stone, had
left the country and conviction with
out Stones testimony would be among
the impossibilites in a court of justice.
The charge against Fitzpatrick was
that of illegal registration for the No
vember election. 1t is claimed that he
registered when not citizen of the
about two months.
w. Il. Kemp another of those who
admitted having violated the law in re-
gard to registration, withdrew his for
mer plea of not guilty today. entered
plea of guilty and was sentenced to
one month in the county Jail. In passing
sentence the judge told the defendant
he looked upon the offense as very
serious one and his personal feelings
were solidly against any one guilty OF
it, but in view of the fact that Stone
had been given only month no greater
punishment would be inflicted in his
case.
Frederick Roehm. who burglarized the
Good Luck store of Ben E. Harris a few
weeks ago. pleaded guilty to the charge
in court today on consideration that he
would he given only one year in the
penitentary, and the judge retired him
for the year. The oneyear deal was
made with the former county attorney
and in retiring Roehm the judge re-
marked: We'll, Mr.. Roehm as the
burglary was committed in the night
time. for which the statute provides
punishment of from one to fourteen
years in the penitentiary, you made
pretty good bargain"
Judge Clancy heard the writ of review
| in the case Of William Newton against
Tim Harrington, formerly justice of
the peace today and took the matter
! under advisement. Newton seeks to have
| set aside his conviction of charge II
! petit larceny obtained in the court of
! Mr.. Harrington during his absence from
the city. Newton was formerly prac-
ticng attorney at the bar of this state.
but on the strength of the conviction he
was disbarred by the supreme court. The
state was represented by Alexander
! Mackel at the hearing today and the
| petitioner by Miles J. Cayanaugh Mr..
Mackel maintained that the absence of
Newton at the trial was his own fault
! and therefore he had no redress.
| A citation for Lillian Stone to appear
! in court on Saturday for arrangement
on a charge of grand larceny was Or
dered issued by Judge Clancy today, and
i II
of the state against L. G. Petit. charged
| with having assaulted a conductor on
a Northern Pacific road about two
| months ago.
In the case Of the state against Thade
| IIamlovich, charged with assault in the
| second degree on Marco BadOnich ON or
| about August 10. Judge Clancy today APP
| pcjnted c. F. Connolly to prosecute the
defendant. 1t seems that when Ham
| l,yich found it necessary to secure the
| services of an attorney he employed
| Messrs Breen & Macllel. but since then
the latter have become prosecutors or
persons charged with offenses against
the peace and dignity of the state and
are disqualified from acting in this par
| ticular case.
Edna and Evaline Evans. charged with
| grand larceny. were ordered by Judge
Clancy today to appear in court on Sat
urday for arraignment and plea.
| County Attorney Breen received an
order from Helena today for the trans
fer of John Parks from the asylum al
Warm Springs to the custody OF his
wife, who desires to take him to thei,
old home in Canada to he cared fol
there The order was signed by Governor
Tcole. Attorney General Donovan ant
George NJ. Hays. secretary of state.
In Judge Clancy's court today the de
fault of the defendant was ordered en-
: te red in the divorce suit of Nellie Stew
ems VS.. Martin Stevens.
Rose Morrison was granted decree o
divorce from Charles Morrison in Judg
Clancy's court today.
In presenting her proofs the plaintiff
states that she and the defendant wer
4 united in marriage in Helena on Ma
%, 1900 and four months later he ha
L assaulted her without cause OF prOvoca
II ton. Asked as to the present wherea
I bouts of the defendant. the planting ans
IS wei ed that he was in town.
+. Adrian Nj. Jones has petitiOned tn
e district court for letters of administrs
i" ton on the estate of W. G.. Van Emal
&c who died in this city about two weel
= ago. Shortly after Mr. Van Eman
death. Mr.. Jones was made special az
=" mnistrator of the estate and has bee
looking after the property since the
- The application for permanent lette