The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-18
UNUSUAL MATTER BROUGHT UP
IN COURT.
The STORY Of A WRIT
Return Made and Answer Fled in Case
Where Prisoner Was
Not Produced.

While habeas corpus proceedings
are not exactly uncommon, 1t is seldom
that they are conducted under the con
ditions attendant upon the hearing had
before Judge Loud Wednesday even
ing. AS the court himself remarked,
in the many writs he had issued it was
the first time in his judicial experience
that return was made and the body
of the prisoner was not produced in
obedience to the order for his pres
ence in court. The main object of the
writ having been unsuccessful, his
honor was, of course, unable to deter
mine the legality or Elegantly OF the
detention under which the prisoner
complained of being held at the time
he caused petition to be made for is.
suance of the writ, and the proceedings
ended there, as far as the writ itself
was concerned.
How 1t Happened.
1t came about in something like this
way: Last Monday while Governor
Toole was hearing the representations
made by the different parties interest
ed in the matter of the requisition for
Carey P. Snyder, made by the gov
ernOr OF Missouri, the attorneys OF Sny-
der at this end applied to Judge Loud
for a second writ OF habeas corpus.
The application was made between =
and 8 o'clock that night and his honor
issued the necessary order, returnable
on the following day at 1870 O'Clock.
Sheriff Hubbard was ordered immedi.
ately to make service upon Sidney E.
Morse, chief of police, who had Snyder
in his custody. MIR. Hubbard proceed
ed to carry out the courts orders, but
was unable to find the chief. After at
tempting to make service upon differ
ent members of the police force, as
representatives OF the chief, but they
declining to accept service, the sher.
III N0AAS AlAAA0Cul VI JlC plOVlSlOllS
OF the law and made service by post.
ing copies of the writ, one on the tronl
door of the chiefs residence and by
posting other copies about the city
hall and Jail.
A few hours after this, at II o'clock,
the train from the west arrived bear
ing a Missouri officer and the gov.
ernor's warrant for the apprehension
OF Snyder and his delivery to the
agent of the governor of Missouri, who
in this instance happened to be
Thomas F. McAnany. Snyder was
turned over to him by some of the
policemen on duly and guarded by an.
other Missouri officer, John Dryer
Snyder was rushed onto the train and
o o thereafter was speeding eastward
in the direction of st. Paul as fas,
as steam could carry him. placing him
beyond the jurisdiction of the court
that issued the writ.
When the hour arrived for the re
turn of the writ the matter was con
tinued, as the court was busy and
there existed no immediate need fol
the hearing, the petitioner no longer
being in the custody of the respondent
Wednesday evening the matter was
finally taken up.
Tilt Between Lawyers.
0. F. Goddard appeared for the chief
while F. H. Hathhorn, w. M. Johnston
and A. L.. Cooper of Kansas City were
there in behalf of the petitioner. Mr.
Goddard opened the proceedings by
reading the writ of habeas corpus ant
then the chiefs answer, which affirmed
that he was a citizen of the United
States and a regularly appointed an6
acting constable of Billings township
Yellowstone county, Montana. Contin
uing, the answer said that as sucl
constable he had arrested one, >Carey
P. Snyder, on a warrant issued by f
l.. Mann, a justice of the peace, on the
charge of being a fugitive from JUS
tice and had taken the prisoner before
the magistrate issuing the warrant
for arraignment; that the prisoners
bond had been fixed at $4,000, which
bond the prisoner had not furnished
and in consequence of the failure tt
give the required bond, he had beer
placed in the city Jail of the city O
Billings; there he had detained the
prisoner until 11:1O of the night O
September IA, when he had surren
dered him to Thomas F. McAnany OF
a warrant from the governor of Mon
tana and that McAnany had left witt
the prisoner on train No. 4.