The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-18

OluCc VI IlS Vul0l VI POAICC, IOA6 oAIOA
Snyder had been delivered to Nc
Anany. The answer continued by say
ing that the respondent had been en-
gagged with official matters until 1
o'clock of the morning of the 18th,
when he returned home and found a,
O p of the writ posted on the door,
two hours after Snyder's surrender to
the agent Of the governor Of Missouri.
In conclusion it was averred that the
respondent had not had the custody Of
the petitioner since 11:1O O'clock OF
the night of September IA.
Mr.. Goddard next read a transcript
Of the proceedings in Justice Mann's
court, also a copy Of the warrant OF
the governor OF the state for the ar
rest OF Snyder and a copy OF the writ
spondent.
This done, Mr.. Goddard said the at
torneys for Snyder had filed an answe
to the answer Of the respondent, and
moved to strike it from the files OF
the court, as the statutes do not pro.
vide for an answer in a cas- OF the
kind under consideration, and for the
| further reason that the prisoner had
| gone out OF the state.
MI. Hathhorn replied by reading the
answer, which admitted that the re-
spondent was citizen of the United
| States and constable of Billings town
ship. Admission was also made OF the
arrest of Snyder, his a~rraignment and
the fixing of the bond, and his failure
to give bail and his detention in Jail
until 11:lO of the night OF Septem-
Der IA, when he was delivered into
the custody of Thomas F. McAnany.
was alleged that Snyder was put by
force and against his will onto the
train and that the parties who put him
on were aware of the existence OF a
writ of habeas corpus; that on the
night of the 14th at 8 o'clock, the
sheriff of the county proceeded to the
city hall to the Office OF S. F. Morse,
for the purpose of serving him with
the writ, and not finding him there,
served a copy on Robert p. Hanna,
who said he was in charge of the jail
where Snyder was confined, and that
Hanna refused to accept personal SER
vice, %whereupon the sheriff had posted
a copy of the writ and afterward an
other on the house of Sidney +.
Morse.
1t was denied that Mr.. Morse did not
know a writ had been issued until
1 o'clock of the morning OF September
Is, but that he did know it,. 1t was
further denied, on information and be.
lief, that the respondent was attend.
ing to his official business as chief OF
police until 1 o'clock of the morning
spired with G. L. Harris and John
Dwyer to remove Snyder from the
state. The answer closed by demand
ing that Sidney F. Morse be found
guilty of contempt of court.
Moves to Strike.
In writing formal motion was now
made by Mr.. Goddard to strike the
answer of the petitioner from the
files, as the answer of the re
%spondent showed he knew nothing
Of the writ and because the statutes
contained no provision for an answer
from the petitioner, neither contained
they a provision for ~impeaching Off
GERS making answer to a writ OF habeas
corpus. The only answer, it was con
tended, that could be made was in a
case where the prisoner himself was
in court, when he could deny the facts
alleged in the answer of the officer
having him in his custody. MI. God
the law existed warranting the insti
tuition of contempt proceedings in con
nection with a writ of habeas corpus
!, This was followed by other argu
ments in support of the position as
sumed by the respondent. Conclud
ing, Mr.. Goddard said he had been
informed that a citation had been is
sued requiring the respondent and
other parties to appear in court and
, show cause why they should not be
punished for contempt, but now the at,
, torneys for the other side asked thai
the court should hear the matter OF
the alleged contempt on a writ of ha'
beas corpus. The only matter then be
fore the court was to ascertain il