The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-22

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an order directing Sidney F. Morse
produce the body of Snyder In court
on the following day. To the ques-
ton as to what he had done with the
writ MI. Goddard objected on the
ground that the sheriff had made no
return on the writ.
The court overruled the objection
and the witness proceeded to tell that
he went to Morse's Office with three
copies of the writ and tried to serve
one on Sergeant Hannah, who declin.
ed to accept service.
He was shown the original writ and
identified it as the one given to him
and which was served on MI. Morse
the next day. The writ vas offered
in evidence.
Mr.. Hubbard then resumed his mar
rative and said that he and Mr.. Hath
horn had posted copies of the writ at
the city hall, one on the door leading
from the office of the chief of police
into the Jail and another on the front
door Of the Jail, the n in First
avenue, north. The sergeant was sit
ting in the chiefs Office at the time
he tried to serve him. Respondent
Mowre was also there, but the witness
did not remember just where he was
sitting. Hannah told him that ne
was in charge Of the Jail, but would
not accept service, saying he was only
a policeman and the case of Snyder
was a county case. Turning to Mr..
Hathhorn the witness said, you and
| Groves and | went to the chiefs house
and in response to u knocks Mrs.
Morse came to the door. She said Mr..
! Morse was not at home and she did
not know where he was. Then we
posted a copy of the writ on the screen
door and then came back down town.
In reply to questions as to what
| efforts he had made to find Respond
ent Morse, the witness said that he
had gone to his Office and his hous. e
It was after 10 o'clock when he went
to the office and about 1920 when he
went to his house.
On cross-examination the witness
said that he read the original writ and
compared one copy with it. He could nc
tell positively that all the copies were
true and correct, neither could he tell
which one of the copies it was he
helped Mr.. Hathhorn to post on the
door of the chiefs Office. After he was
given the original writ he gave it tc
Mr.. Hathhorn to copy. He could MOI
tell positively as 20 who was in the
chiefs office when they were there
except that Hannah was there, who
said he had nothing to do with Morse's
business as constable. While he didn'
know, he thought Hannah did not set
a word of the copy he served on him
as Hannah would not read it.
In answer to a question by Mr. God
dard the sheriff said that to a certail
extent he acted under the instruction
of Mr.. Hathhorn in the matter Of max
; ing service. Getting back to the SCI
vice of the original, Mr.. Hubbard sal
it had been served the following day
on instructions from Mr.. Hathhorn
MI. Harris, he said, was not at the cit.
Jail when they were there and he di'
not see him.
Many other questions were aske'
' the witness calculated to show VIII
!, seemed to be in charge Of the jail. ]
, was brought out that Sergeant Hanna
, unlocked the door from the chief,
. office to the cell room, after havinj
. asked if they, the witness and MI
$ Hathhorn, desired to see Snyder.
:. Other Witnesses Sworn.
Lou Chapple, H. A. Groves, e. v
. Dunno and F. H. Hathhorn were no,
sworn.
4 Mr.. Hathhorn was called to tn
g stand. He said he was one OF tn
I lawyers for Snyder and had signed tn
n affidavit on which the citation wa
9 issued. The writ of habeas corpu
e had been given to him by the cou1
and he kept it until he found Deput
O Sheriff Harding and gave it to hi
e to serve. The deputy had it abol
d Is minutes and then he and the wi
e ness went in search of Morse. The
t. went onto Montana avenue
d see if they could find tt
g chief and then vent to wi
q ness's office and made copies of tt
writ Groves was also looking X
IS