The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-01-06
MOTION MADE TO CONTINUE
HAYDEN CASE.
RESISTED BY THE STATE
Matter Will Be Formally Presented
in Writing Tomorrow-New
Bond Ordered.
Tuesdays Daily Gazette.

Because of a hitch in the proceed
ings, caused by a motion made in the
case of State VS.. Hayden, informed
against on the charge of murder in
the first degree, Judge Loud did not
make the usual order this morning
for the empanelment of a trial jury |
for the term, but allowed the matter
to go over.
When court convened his honor
began calling the criminal calendar
and arraigning the different defend
ants. With the exception of one or
two all were present and hearing of
their respective pleas was filed (fov(
tomorrow morning. ~
4 When the Hayden matter was
reached w. M. Johnston, attorney for
the defendant, announced that read
ing of the complaint would be waived.
County Attorney Harris, in answer
to the question if the bond upon
which the defendant was at large was
satisfactory, now entered an objec-
ton and called the attention of the
court to the fact that some Of the
bondsmetn justified in amounts no
larger than those for which they had
signed. He also intimated that a mis-
take had been made in the Justices
court in permitting the defendant to
give bond, considering that the Of
Tense with which he stood charged
was murder in the first degree.
Mr.. Johnston replied that after a
consultation he and the then county
attorney, Mr.. Hathhorn, had come to
the conclusion that in the event Of
conviction nothing more serious than
manslaughter or murder in the second
degree could be established and for
that reason the prosecution had con-
scented to a bond.
After hearing both sides the court
announced that the defendant would
be permitted to retain his liberty on
the bond then in court, but that he
would have to furnish a new bond
tomorrow morning in the same
amount as the old. He then fixed
tomorrow morning at 8 o'clock as the
time for receiving defendants plea.
Shortly afterward Mr.. Johnston
made an oral motion for a continu-
ance of the case until the next term.
This was resisted by the county at
torney and Mr.. Goddard, who has
been retained by the father of ]. P.
Mcbride to assist in the prosecution.
They objected to an oral motion and
demanded that the matter be brought
before the court in the regular man
ner, in writing.
Mr.. Johnston then announced that
his client was prepared to enter his
plea at that time and when Hayden
was arraigned a second time, through
his attorney he pleaded not guilty
The order in reference to a neF
bond was repeated and the court sus-
tanned the prosecution IN their objec,
ton to hearing a verbal motion fol-
a continuance and gave the defense
further time to submit a written mo
ton.
In case it is decided to try the case
lat the present term, the judge an
nounced that it would be necessary to
issue a venire for a larger panel than
usual, as it was evident some diff
ficulty would be experienced in secur
ing a jury to try the case. The al
legged offense having been committed
in this city he apprehended that mos1
likely it would be found obligatory te
ummon a jury from the country.
Bond Declared Forfeited.
Edna White. held to answer to the
charge of robbery, failed to RESPOND
when her name vas called and he1
bond was declared forfeited. The de
PENDANT was arraigned at the Septem
Der term, but a continuance wal
granted and she gave a bond in tht
sum of $500 for her appearance at this
term. The bond was signed by Wal
ter Clifton and Mary Samlen, Wht
will now have to produce the woman
or lose the amount of their surety.
Notes.
The attention of the court is oc
cupied this afternoon in hearing Law
motions and ex parte matters.
Judge Loud stated this Afternoon
that he. would cause the regular jur,
venire to be issued tomorrow morning
at 8 O'Clock.
No information has as yet been III
ed against Phillip Doremus Watkins