The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-05-02

l VOL ~ NAN vi kAS ~
that first brought him into prominnece
and which caused his name to appear
in letters dig enough to suit the most
ambitious sstar" and his picture to
be printed in every newspaper Of his
own city and in those of some others.
Time, that deadener of all pains and
the kindly sexton that oficiates at
the burial of so many things poor,
Ffrail humanity at times desires to be
inferred in the graveyard Of forgetful-
ness, seems to have been recreant to
his trust for once. He failed to cover
so that 1T would remain buried recol-
lection of the little Miles Finlen-Min-
ME Healy-Ada Fl. Bracket-Heinze cpl
sode that occurred sometime during
the latter part of last winter, in
which Harvey figured in no enviable
manner. Some very naughty aft
davits were filed about that time, af-
fiedavits that contained serious
charges against the judge, both as to
his chastity and standing al a Judge
of the dictrict court of Silver Bow
county. The judge denied some Of the
things contained in those af1davits
and some he never did deny. He,
however, did order the afidavits to be
stricken out and given no place in the
records, and also refused to make a
ruling on the motion for a new trial
made in the case, which happened to
be n in which Miles Finlen and F.
Augustus Heinze were warning for
possession of a mine named Minnie
Healey. The decision rendered was
against Finlen and he wanted another
go at the judicial game.
AS Harvey refused to rule on the
application for a new hearing, the
supreme court was appealed to for a
writ of mandate and the petition was
granted. Incidentally the higher
court also passed upon the affidavits
that had been stricken out and ruled
that while the lower body undoubted-
ly had thetright to strike out from the
pleadings any matter that it might
consider scandalous in order that the
files might be kept free from such
Objectionable and scandalous matter,
it did not have the right to prevent
the party feeling aggrieved by rea-
SON of such order from having the
same reviewed in an appropriate man
ner, and to this end should settle a
bill Of exceptions embodying the al
legged scandalous and defamatory
matter, SO that the order may be prop
erly reviewed by the higher court.
In palmer language, Harvey was or
dered by the reviewing court to al
low the matter to which he had OBJ
jected to- come before it, so that it
might pass upon it and render an opin-
ion as to whether 1t was germane to
the subject and relevant to the cause
at issue.
Last Saturday John F. Forbis and
L. o. Evans, two of the most promi-
nent and respected attorneys of
Butte. appeared in Harney's court and
asked him to sign the bill of excep-
tions on which it was sought to- get
the case before the supreme court. In
stead of complying with the motion,
the judge drew a lengthy type written
order from his pocket, filled in a
couple of blank spaces it contained
and the two lawyers were informed
that they, each of them, had been
fined $500 and sentenced to twenty.
four hours in Jail for contempt of
court. He gave them the mournful
satisfaction afforded by the informa.
ton volunteered that while they were
destined to undergo punishment. ii
was v%icariously and for some others
whom he could not "get.""
For the time being Harvey was su,
preme and the two men who were
bearing the burdens intended fol
some one else had to submit. They
We're placed in the custody of the
sheriff and remained in his charge
long enough to enable their attorneys
to get in touch with the supreme
court and a writ Of habeas corpus was
issued and the sheriff commanded t.
have his prisoners before the cour1
on Monday morning. They were alst
admitted on bail. When the time
arrived for the hearing on the wri'
Judge Harney's attorney asked fol
further time and it was granted, a new
bond being required for the petition
ers. Men possessing the necessar,
property qualifications were fount
who were vikings to take chances sol
their appearance when wanted an,
the two lawyers were again given con
tdifinuo1 1iEo,fu H--z ~