The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-25

'phoned him a warrant was out for his
arrest and that he would better come
down, unless he wanted service made
of it. Believing that all would be
arrested, he sent the dispatch, dis
claiming, however, any desire to show
disrespect to the court.
The first knowledge he had that an
attempt had been made to serve the
writ was after train No. 4 had gone.
when he was told that the sheriff
had posted a copy at the chief OF
policies Office. He then went there
and looked at it.
Cross-examined the witness said
that he saw Morse the afternoon OF
the 14th, shortly after 4 o'clock, when
the chief told him he had heard from
Helena and that the governor had
honored the requisition for Snyder.
Later in the day he was told that there
was talk of a petition for a writ OF
habeas corpus directed to McAnany.
He did not pay much attention to the
report because he did not regard it
as at all likely that the court would
issue such a writ, as McAnany did
not have Snyder's body in his pos
session or custody. He saw Morse a
little after Z o'clock that evening.
when the chief and Dwyer called at
his office. While Morse was still in
his office the witness left and went
onto the street. He saw E. w. Dunno
afterward and asked him about a
writ and was told that Hathhorn had
applied for one. Dunno did not say
to whom the writ would be directed,
except that it would be directed to the
nan having the body of Snyder in his
custody.
1t was To- 6 o'clock and court adj
journed until 1880.
Evening Session.
When court reconvened Mr.. Harris
took the stand again for further cross
examination. When No. 4 pulled into
the station he said he was on the south
side of the track, near the small icei
house on the west side of Twenty
ninth street. He was alone at the
time. After the train stopped he went
to where it stopped, saying he thought
he would see if the prisoner had been
delivered to the Missouri officers. He
saw McAnany IN the platform back
of the library. He spoke to McAnany
and asked him if he had the COVER
warrant and pointed out where
the men who had Snyder in charge
were standing.
Witness was asked if he knew at
that time that the writ was issued,
to which he replied that he did. The
next question was directed to him as
lawyer, being asked if he thought
it was not contempt of court, know
ing that the writ had issued, but not
evasion of service was made it would
prisoner to the Missouri officers. To
reply was given that if wilful
exasion of service was made it would
be contempt, but if the officer did
not know of it's issuance it was not.
He was 10Y asked if he thought it was
contempt if the officers knew a writ
vas issued and still persisted in de-
-ivering the prisoner. The witness
said he did not give an opinion, as
gave the matter no thought at the
lime. He did not advise the police
men not to surrender Snyder, although
lie knew at the tim of the surrender
hat the writ was issued. II he had 1
knowledge of the fact that the
copy was posted ne would have adj
the Q her correspondents net to
surrender .ha prisoner. !
Next he vas asked why he wired
o Chief Hayes that the second writ
vas issued but service had not been
made. To this objection was made
md sustained.
This concluded the cross-examina-
ion and the witness left the stand.
The cross-examination was con,
lucted by Mr.. Johnston and was par
icularly severe and searching, caus-
ng the witness at times to present |
he appearance of one not exactly at s
ase. But it is a common saying that
10 matter how expert. and bright he :
nay be when examining someone else,
he best possible showing when SUBJ
nitted to the umning process him..