Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-07-29
MINNIE HEALY
IS REMANDED
In An Able Decision Written by Jus.
tice HolIoway-case Is Sent
Back to Lower Court.
JUDGE HARVEY is exLoRIATEp
Jurist's Relations With Mrs. Bracket
Evokes a scathing Rebuke
From Superior.

Helena, July 2i.-The supreme courl
today handed down a decision in the
Minnie Healy case. remanding 1t tC
the lower court for a new trial. The
decision is largely based on the facts
that Judge Harvey, who tried the case
in the lower court, did not specifically
deny the charges made rejecting or
him in connection with his relations
to Mrs. Ada Bracket. Justice Hollo
way wrote the opinion, the whole con
tanning 10000 words, follow:
The record contains a number li
~affidavits hled on behalf OF the plain
tiff in support of his motion. These
contain recitals, IL true, which demon
strate that the district Judge who tried
this cause was completely lost to all
sense OF decency and propriety, and
that he made on n occasion while
on the bench a carnival of drunken
ness and debauchery in company with
a female employee Of the Montana Ore
Purchasing company. one OF the de.
PENDANTS to the action. II Is charged
In these a~ffidavits, that during the
time that this cause was on trial and
undetermined. numerous written mes,
sages passed between Mrs. Bracket,
the employe referred to. and Judge
Harvey, that on May 8, 1901, the So
called "Dearie" was written by Mrs.
Bracket and delivered to Judge Har.
ney. A coup Of the letter is attached
to and made a part OF the affidavits,
This letter, profuse in the expressions
OF the writer's affection for Judge Har.
ney, a married man, living with his
family. would hardly be considered q
alluslon to this suit, then being tried
and for the significance of the answer
thereto. which II Is charged was writ
ten by Judge Harvey. addressed to
Mrs. Bracket, and, at the judges re.
quest, delivered to her.
There is absolutely nothing in that
| so-called 'Dearie' letter which could
with any show Of propriety be the
proper subject of discussion between
the Judge trying a cause and an en-
ploye of one of the parties to the &C.
ton, and yet the answer thereto Is
an open invitation to Mrs. Bracket
to discuss further the subject matter
OF her letter. Judge Harvey did give
countenance to the charges made
against him to the extent of denying
one OF two specific matters alleged,
L,t hic aHtlnpft 10 rnnpt yAnnar ri N h1a
for what 1t does not say.
THE affidavit on behalf Of the
plaintiff, set forth with great partic-
ularity OF time and place, numerous
instances of the judges association
and revelry with Mrs. Bracket In
Butte, and elsewhere. during the time
the case was being tried, and deter
mined, and II does seem most remark.
able, having made an affidavit, Judge
Harvey should have signally failed 10
deny the specific charges made
against him and notably failed to deny
that he wrote the answer to the So
called Dearie' letter. 1t may be that
no wrong was done in this instance,
but II so. the record before this court
for review in a most unfortunate con-
dition. The case was tried to the
court, sitting without a jury, the Judge
performing the dual Office of court
and jury and having the determine,
nation of all questions involved. both
of law and fact. II the cause had been
tried to a jury and q record was pre-
scented here containing like charges
Of Irregularities by or on behalf Of one
Of the parties in attempting to infu-
ence a single juror. 1t is hardly con-
ceivable that this court should hes
itate for a moment to set aside the
verdict. II in favor of the party. Up
on this subject the courts have been
Of one opinion.
Judge Harney's affidavit Is in ef.
feet that in all proceedings pertain
ing to the case. he was entirely un-
influenced by any one. that he deter
mined the cause upon the law and
the evidence that he had no knowl-
edge that any n was attempting to
influence him to his action, and that
during the time he was considering
the Ease he was not disabled or inca
pacitated by the use Of intoxicating
liquors. II Judge Harvey did not
write the answer to that so-called
'Dearie' Letter, he could have said so