The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-18
HABEAs CORPUS CASE TAKES A
NEW TURN.
DENY CHARGE OF CONTEMPT
Chief Morris and Alleged Abettors In
Court on Serious Charge
Il Decision Rendered.

II
! Last night another act was per
formed OF the thrilling drama, THE
Kidnapping OF Carey P. Snyder, or the
! Writ of Habeas Corpus That Failed,
which is now being given in the
district court on the installment plan,
like a Chinese play. The audience
| that witnessed it's presentation was
! the largest that has yet attended and
throughout the interest displayed was
absorbing.
/ Mr. Goddard and Mr. Cooper held
the stage and showed complete famil-
iarity with their parts. The first
named casually mentioned that the
| court had taken cognizance of mo-
tion he had filed in writing earlier in
the day in which he asked dismissal
OF the citation issued against Sidney
r. Morse, Charles L. Harris, c. E.
Mowre, R. c. Baker, v. ]. Salisbury,
! Robert F. Hanna and Edward Garnett,
who had been commanded to appear
and show cause why they should not
be punished for contempt of court.
Judge Loud, replying in the affirma-
tive, Mr.. Goddard then proceeded to
read the affidavit of F. H. Hathhorn,
on the strength of which the citation
was issued.
The affidavit set forth that a writ
OF habeas corpus had been issued out
OF the court directing Sidney F. Morse
to produce the body of one, Carey p.
! Snyder, in court; that the writ had
been given to the sheriff of the county
to serve and that the latter officer had
made immediate and diligent effort to
find the respondent and serve the writ;
that Robert T. Hanna had informed
the sheriff that he was in charge of
the prisoner and that he had refused
to accept personal service of the writ
and that the sheriff had made service
by posting copies of the writ at the
jail where Snyder was confined, after
having failed to find the man, Sidney
f. Morse, to whom it was directed.
1t was further alleged that Robert r.
Hanna, r. G. Baker and Edward Car
nett were present and notified of the
contents of the writ and that they COM
mented upon it; that after the sheriff
had so posted copies lie had proceeded
to the residence of Sidney F. Morse,
and not finding him there, had made
further service by posting a copy on
his front door.
Here the nature of the facts al
legged changed, in that the affiant stat
ed that he believes Sidney F. Morse,
c. E. Mowre, R. c. Baker, v j. Sails
bury, Edward Garnault, Thomas F.
McAnany, John Dwyer and G. L. Har-
ris conspired to prevent and render
impossible the production of the body
OF Carey P. Snyder in court at the
time fixed in the writ, and that in pur-
suance OF the conspiracy, concoction
and scheming entered into by them the
body of Carey P. Snyder was placed
on board of train No. 4, against his
protests and objections and by force
was removed beyond jurisdiction of
the court.
While there was much more to the
affidavit, the facts set forth are the
salient and most important portions
it contained.
Motion To Vacate.
After having read the affidavit Mr..
Goddard read his motion to vacate the
order for the appearance of the respon-
dents. One of the grounds on which
it was made charged that the affidavit
of Mr.. Hathhorn did not show that
personal service was made on Sidney
F. Morse, or any of the others named
in the order, or that diligent search
and inquiry had been made for Morse,
and that on the face of it the affidavit
admitted that the defendants were in
the city. 1t was also not shown that
Sidney F. Morse could not be found in
Yellowstone county, and that the alle-
cations made in the affidavit were
merely on information and belief of
Fred H. Hathhorn, and that it was not
statement of facts, but conclusion
of law. The motion furthermore de-
clared that the affidavit did not set