The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-22
DEFENDANTS DENY CHARGE OF
CONSPIRACY.
HEARING IS FINALLY BEGUN
Court Hears First instaiiment Of Tes-
timony by Petitioners-Decid-
edIy Racy Proceedings.


Last Saturday morning was the
time fixed by Judge Loud for passing
on the motion OF Attorney Goddard
to vacate the citation issued against
Sidney F. Morse, Charles L. Harris,
Robert T. Hannah, v. j. Salisbury, r.
c. Baker, c, E. Mowre and Edward
Garnant, ordering them to appear and
show cause why they should not be
punished for contempt OF court. The
citation was issued on the affidavit
of f. H. Hathhorn, who charges that
the defendants conspired together to
render nugatory writ of habeas cor
pus granted on the petition of one
Carey P. Snyder, and that by reason
of such conspiracy did render the
writ ineffective, in that they caused
the body of the petitioner to be re-,
moved beyond the jurisdiction of the
court before it could be produced in
court in obedience to such writ.
The motion was denied and the
defendants were given until 10 O'Clock
yesterday morning to file their an.
sWers.
Yesterday morning Mr. Goddard
submitted answers, separately, for
each of the persons named in the cita-
ton.
All Deny the Charge.
Each of the men denies the allega-
ton of conspiracy and wilfull con.
tempt.
County Attorney aHrris for his an
swer admits the issuance of the writ,
saying that on the night of September
IA, prior to the delivery of Snyder to
the Missouri officers, he was in
formed that writ of habeas corpus
had been issued, directed to Sidney
F. Morse, directing him to have the
body of Carey P. Snyder in court at
1870 p. M, September Is, but denies
that he advised, counseled or assisted
any of his correspondents to surren-
der Snyder to McAnany in disobe-
dience of the writ Of habeas corpus.
On the contrary, he says, he at all
times advised Morse to obey the orders
and processes of the court and further
advised him not to deliver Sn. der to
McAnany, unless the. latter WIS pos
sessed of the proper authority OF the
governor of the state of Montana.
Robert T. Hannah, sergent of police,
admits that he had charge Of The CITY
Jail on the nigh Of September Ia. but
denies that he told Sheriff Hubbard,
or any one else, that he had charge OF
any prisoners in the jail; denies. that
the sheriff delive,a1 TO him full. true
.ect cop, u an: Copy G: the
writ of habeas corpus, as alleged in
the affidavit. As he truth ne alleges
that the sheriff attempted to make
SClSlCO Ou llul w iii uoCAAo {" WY
into his pocket, or under his arm,
and that he refused to accept service
or retain the copy and threw it to the
floor, telling the sheriff at the same
time that he had nothing to do with
Snyder. He denies that the sheriff
posted a copy as alleged in the atti-
davit, but that Fred H. Hathhorn did
post a paper on the door OF the off1ce
of the chief of police, but whether 1t
was copy of the writ the respond
ent does not know. Denial is also made
of the allegation that he, r. G. Baker
or Ed. Garnant discussed or comments
ed upon the original of the writ or on
any authority of the court to issue 1T,
and denies that he was then or at all
informed or advised or that he knew
a writ of habeas corpus had been
issued, or even knew it's contents He
furthermore denies that the sheriff ad-
vised him of the posting OF copy,
and also that he conspired with the
other respondents, and AYERS that he
had nothing to do with the imprison-
ment of Snyder and nothing to do
with his delivery to McAnany, neither
did he advise or encourage or assist
in delivering him to McAnany. In
conclusion he denies that he at any
time violated or interfered with the
service or execution of the writ or any
other process of the court.
The answer of Policeman c. E.