The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-05-01
HAS SIGNED, SETTLED AND AL
LOWED BILL OF EXCEPTIONS
IN MINNIE HEALY CASE.
GIVES HIS REASONS FOR IT
Famous Affidavits Will Now Be Passed
Upon in Due Course of Time by ths
Supreme Couit--Contempt in One
Case But Not In Another-Wiil
Not Now Need Writ of Mandate.

Judge llarney at last struck his colors
and surrendered Internationally this
morning In the matter of signing "A bill
or exceptions In the Minnie IlcuIy ease
containing the sensational nfidayits
Whith nave been ~ uauscous to him.
Iie signed settled and allowed the bilt
~ exceptions to his order amending the
decree III the ease, ANA announced that
ne would slgn, settle and allow the blli
10 his order oserruling the motion for a.
new trial Just as soon rs the plaintiff
could nave II, and the order allowing il
ehsrossed and presented to him for that
purpose.
Inc attorneys for The plaintiff, Miles
FIhien, took away the latter bin and Tho
order concerning II at once to have them
'nRrossed ana return them To the court;
Feature of Proceeding.
The order relative To the latter bili
which The court ordered engpossed win
", was the feature OF tuday's proceadlnrs
II contained Judge Iiarney's reasons for
~ last signing Il I'M or executions n no
lannon's casc containing the objectinnnbi,
hiiidavits. II also registered a protcst
by him against settling and signing tho
bill on account of tie presence or lhe
hflidavlts IN II.
Judge Harnry's action this morning
was right about raee maneuy.r con-
trasi"d with his action last Saturday.
when II" said he would not sign n LIN of
exceptions containing the aiidaNits.
The bin Of exceptions which he refused
10 sign on Saturday was the i'm 10 Mn
order striking out the afidayits from the
Mes of the court and the records OF the
chFe' II was because The afiidayits were
included In that bill that lie ordered
Attorneys ForbIs and Evans rncd ana
Imprisoned for contempt Saturday.
According % the position he took then
thc lawyers had committed contempt In
including the hlidavits In the bin ana
presenting them 10 the court for settle-
ment
Change of Opinion.
Notwilhsinndlng the position taken by
MN on thnt bill. ne seems to have taken
an absolutely opposite one on the bill 10
tno ruling denying new trial. This bill
also contained the aiiidayiis. The aGlda-
Wis are the record Of the pnlntlH on
appeal without them there would lie
no blll or exceptions TO the ruling refus-
ing u new trial, and no record Ilpon
Whlch 10 20 UP 10 the supreme court
Ihe hndaVlis are the basis upon which
the appeal 10 the supreme court VIII be
rounded. and were ineluse.. la both billa
OF exceptions, because necessary to both.
lhonBh hnronted by the presence or
the ahidavlts In the bin, which he refused
to settle Saturday, Judge IInrnoy then
said he would work on the two bills loft
IN his hands, one OF which mentioned
contained the and1vis also. Thouph n
was contempt to present the aliidavIts IN
one blll IT does not seem 10 have been
contempt to present them IN the other.
In the Courtroom.
When the court hour 10 O'Clock had
arrived this morning, Attorneys John !.
Forbis, D'Gay Stiycrs and l.. o. Evans
were nj the bar Of Judge Harney,s court
to receive his rulings on the bills Of ey-
ceptiohs. Attorneys John Lindsay and
John w. cotter were ALSO present The
hfAt-namcd gentlemen represented the
plalhllH ana prospective appellant in the
Minnie Healy case, and the latter repre-.
scented The other end Of the sui In its
different aspects
Judge Ilafney was not ready To hold
court, however, and there was wait
Of hair an hour AT the end Of That
bine the court appeared ana the Minnie
liealy matter was Immediately under
attention.
Judge Harney said; In the aausr Of
Finlen versus HeInze the bin Of cxeep-
tlons to the order Of the court amending
the decree will be signed settled and
allowed"
Expectation Intense.
Then the court took up the bill Of ex-
ceptions to the ruling denying new
trial and the sensational anidayits. His
order In the matter had been PREPARED
IN typewfitins ana was on his desk,
ana ne read II to the lawyers and others
present.
the delay In the opening OF the court
Continued on Page Fiye)