The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-05
CLANCY CALLS FOR
L|bBEY TO APPEAR
DISTRICT COURT JUDGE ASKS THAT
THE SOUTH BUTTE JUSTICE
BE BROUGHT TO HIM.
is CHARGED WITH CONTEMPT
His Honor Wishes to Know il No One
Viii Go After This Man and Fetch
Him Up to Court in Barrow.

Justice of the Peace Hiram S. Iibbey of
South Butte is due to have an interview
with Judge Clancy that may not prove alto
gether pleasant for him.
Judge Clancy ordered warrant Of arrest
to issue this morning for Judge Lbbcy,
and when he made the order he said
We'll just bring this man in and look
him over, and see what he looks like"
The wearer of the district court ermne
OF the justice court toga.
Out Of Murphy Case.
The arrest of Judge Libbey, when it
takes place, will be an interesting result
growing out Of the case of John Murphy,
arrested and charged with assault in the
third degree and fined $40 by Judge Lib
hey.
Murphy employed Attorney Dwyer to
defend him i'll the justice court, and after
the conviction and iining Of Murphy, who
was accused Of striking Patrick Ferry over
the head with pistol in the Moonlight
saloon, Dwyer secured writ of review
from Judge Clancy commanding Judge Lib
hey to come to Judge Clancy's court and
explain certain irregularities in the pro-
ceeding in which he fined the aforesaid
Murphy, charged against, him.
Libbcy Not There.
Dwyer coniended that Murphy had been
tried without being either arraigned or al
lowed to plead, gross iafringmcnts of the
constitutional rights of every freeborn or
na:uraized American citizen.
The hearing was set on Judge Clancy's
motion calendar this morning. and when
Judge Clancy reached it, Dwyer said he
was ready to present the matter, but that
Judge l.ibbey was not present.
Mr. Dwyer started 10 give the history Of
the proceeding when the court asked for
the papers, and then told him 10 bring in
the defendant. Iibbey.
But we are entitled TO n judgment
against Judge Libbey by default said the
attorney.
"Oh, issue all attachment and bring him
in. | want to see how he looks. Haven't
YOU got a wheelbarrow to fetch hin, 7" said
Judge Clancy.
To Make Him Obey.
I'VE have been here three times" said
Mr.. Dwyer, referring to postponements of
the hearing. I'VE ought
The court interrupted and said.
" iht ybi VAIN - All atldNHlltil, bIlIp
him i'll and make him obey the process of
the court
MIR. Coleman was TO take the case up"
Mr. Dwyer began to explain.
We'll | don't know anything about that.
1t isn't necessary. You want an attach
ment. When bird can't sing and won't
sing, make him sing. May be he denies
the jurisdiction of the court Judge
Clancy said finishing with a jocular smile
Mr.. Dwyer went way and brought
County Attorney Breen back with him,
when he announced to the court that Mr..
Brcen, as the prosecutor Of the case in
Judge Libbcy's court and the latter's eoun-
sci, confessed the writ.
"Oh, that's neither here nor there" said
the court impaticntly. Il want that fell
low in here to look him over. These jus.
dices Of the peace get very important. He's
disobeyed the order of this court. | want
him to show cause why he disobcycd this
court. The clerk will issuc a warrant for
him."
And the matter went mp to I.ibbey, who
will be brought in and required to purge
himself of the charge Of contemupt,