Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-12-17

1OhAahuiu6 Iunt IL uC
inueu 10 the committing magis-
tra,e ior examination. | do not know
Oh any cases in which the statute has
oeeh misconstrued, and | do not know
mat IL needs a construction other
thah an Interpretation of the English
language by the Court.
court: oh, the statute needs no
construction, but we have cases COM
ing before this Court continually al
most and always upon a commitment
py a magistrate after a preliminary
nearing. The Courts inquiry is d.
rected TO this point-whether any
special circumstances that you are
aware OF In this case make 1t neces-
sary TO depart from lie hitherto in
variable custom of this Court.
MT. Belden: May II please the
Court, | know of no special reason,
n there Is none that | could urge
SO far as my acquaintance goes with
the testimony in this case. The man
on whose affidavit the motion Is bas-
ed Is a stranger to me, and | have not
had an opportunity to consult with
him In the least what his testimony
before a committing magistrate would
be. The matter came up this MORN
ing, and at the request of the parties
having the matter In charge this pro-
cedure was invoked, and the motion
is filed for Your Honor's consideration.
Court: II l understand. your mo-
ton is based on Section 1895 of the
Penal Code.
Mr.. Belden: 1885 of the Penal
Code, yes, sir.
Court: Which vests in the Court
the power to allow an information
to be filed without preliminary ex-
animation, at his discretion. | have
been practicing and presiding in this
Court for over eight years. and have
never known a case of this kind to
be requested. | do not know wheth-
er 1t is the practice in other courts
OF the state or not. III there Is any
urgency in the case such as might
exist, or which the Court can readily
see, the Court would not hesitate to
grant 1t, but all the cases that have
come before this Court in the last
two years, amounting to some IS, SO
or 81 cases-all of them have been
prosecuted upon commitment. 1t is
not necessary to make public the
names of the affiant or the accused
in this motion. The Court is unac-
quainted entirely with the affiant;
but it does not appear likely to the
Court that the person accused by the
affidavit is likely to fee the jurisdic-
ton Of the Court, or that he cannot
be found when desired. My prede-
cessors in this office, so far as my
recollection and knowledge go, have
never suffered an information to be
filed without a previous examination.
n evident intention of this provis-
ion of the law is, | should judge, to
avoid expense and Unnecessary
trouble. The law directs that per
ons accused of a crime shall be TAX.
en- before a magistrate and examined;
il probable cause developes then they
shall be sent to the district court for
trial. The trial as suggested in this
matter will cost this county probably
eight hundred or a thousand dollars,
and the Court is not inclined to throw
away that much money without the or
binary examination which the law
directs. If there is any special cir
cumstance that makes it necessary
to have this preliminary proceeding
passed over-if the state cannot get
a fair hearing before the magistrates
of this community-or If there Is any
other special reason. the Court is
ready In this cas- or any other to
grant the filing of the information;
but, unless the case is extremely I'm.
usual, the Court will not feel justified
in summoning a jury. bringing them
in here at considerable expense. with
out taking the precautions which the
law directs him to take. On that
ground, Mr.. County Attorney, I will
deny your motion, and direct you to
take this case before a magistrate
authorized to inquire into such cases.
One moment will say, however,
that, considering the nature Of this
case, | presume both the state and
the person whose accusation is sug-
gested in this affidavit will desire the
speedy prosecution of the case. and
| will recommend you, Mr.. County
Attorney, to proceed with diligence
in this matter. Probably the Courts
time will be occupied nearly all this
week, but it can be taken up immedi-
ately thereafter. So the Court will
recommend diligence in attending to
this matter.
Arthur T. Harvey swore out a war
rant this morning before Justice Nc
Farland for the arrest of Senator
Waite.
John d. Waite has been a resident
of Fergus county for twenty years
and never before has his honor and
integrity been questioned and the peo-
pie will be slow to accept any of the
allegations sworn to in the above.