The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-22


vice in the removal of Snyder. In
| fact the respondent declares that he
knows nothing about the matter and
had nothing to do with it.
V. J. Salisbury, who usually acts as
jailer at the city jail, in his answer
enters into great detail. After setting
forth the facts connected with the
arrest OF Snyder, his arraignment be-
fore Justice Mann and his admission
to bail, the respondent says that he
was appointed by Sidney F. Morse,
as constable, and not otherwise, to
take charge of Snyder and directed
to confine him in the city Jail of Bill
ings, and that Snyder was committed
on an order from Justice Mann in de-
fault of bail; that under the order Of
the justice he kept Snyder confined
in the Jail until 11:1O of the night OF
September IA, when he took him, in
obedience to the orders of Constable
Morse, to the Northern Pacific depot
and delivered him to Thomas F. Nc
Anany, the agent of the governor of
Missouri, on authority of a warrant
from the governor of the state OF
Montana in which Sidney r. Morse
was commanded to apprehend Snyder
and deliver him to McAnany as the
agent of the governor of Missouri.
Prior to and at the time of the de-
livery of Snyder to McAnany the an
swer declares that the respondent
did not krow that writ of habeas
corpus had been issued, but during
the afternoon had been advised that
application had been made to the court
for writ and believes that before the
issuance OF the writ he was instruct
ed by Sidney F.. Morse, constable,
that the governor of Montana had
issued his warrant for the arrest and
delivery of Snyder to Thomas r. Nc.
Anany and that the latter would ar
rive on train No. at 11:1O p. M, and
that Morse instructed him to take
Snyder to the depot and if McAnany
had the governors warrant to deliver
Snyder to him. Continuing the an.
swer says that the delivery of Snyder
by respondent was made in good faith
that the warrant of the governor
of Montana was sufficient, and without
any design to impede or hold in con-
tempt the writ, and that prior to the
delivery of Snyder to McAnany he
i had received no instructions from
Morse other than those mentioned.
Ed. Garnant, policeman, answers
that he was present in the Office of the
chief of police with Hannah and
Mowre when the sheriff and Hathhorn
arrived there. He heard the sheriff
ask who was in charge of the Jail
AMI heard Hannah reply that he was,
whereupon, the answer continues, the
sheriff attempted to leave with him,
Hannah copy OF some paper and Han
nah refused to accept it and said to
with Snyder; that Hathhorn posted
some paper ON the door of the office,
but denies that Hathhorn or the sher-
iff said to him or any one in his hear
ing what the paper was, and denies
that the original was exhibited. De-
nial is also made of the charge that
he, Baker or Mowre discussed or COM
mented upon the original or the courts
authority. 1t is further denied that
the respondent knew of the issuance
of the writ and that he was advised
] of the posting Of the copy on the jail
! door. The charge of conspiring is
denied, and also that he advised or
assisted any person to take Snyder
from the Jail and deliver him to Nc
Anany or that he violated or encour-
aged the violation of the writ of habeas
corpus.
R. G. Baker, another policeman,
denies that he was present at or wit
messed the posting of any copy of the
writ of habeas corpus on the Jail, or
that then and there he discussed the
original He denies that he was ad-
vised by the sheriff, or any one, of the
posting of a copy of the writ. He
says he went to the Jail shortly before
No. arrived and.was asked by V. J.
Salisbury to help him take Snyder to-
the depot, where as he was informed
and believes, Snyder was delivered
by Salisbury to McAnany, but he de-
nies that he had any knowledge OF the
issuance of writ or that he con-
spired to make it ineffective by coun-