The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-01-22
had asked him concerning it was

had asked him concerning it was
an officer.
Mickenheim was charged with being
a partner of Purl, who was convicted
earlier in the week of the larceny OF
a pony belonging ITO j. P. Van Hoose.
Echo Of Old Matter.
Wednesday w. M. Johnston, M OF
the attorneys WHO apepared in the
original proceedings and who subse-
quently assisted in the prosecution OF
the contempt that grew out OF
the matter, revived ~recollections OF
the case of Carey P. Snyder, who was
arrested in this county on a WarTant
charging him with being a fugitive
from justice. He referred to the he
beas corpus proceedings and the hear
ings in contempt that followed and
said that the fines imposed then had
not yet all been paid. He then moved
that the court direct the clerk to
issue warrants of commitment for all
of the defendants, except c. L. Hair
ris.
The motion was granted and mitti-
muses. were issued as asked for and
given to the sheriff for service.
Sheriff Hubbard stated yesterday
that none of the men named in the
warrants had been committed, as the
matter had been settled.
Must Pay Original Judgment.
This morning Judge Loud rendered
his judgment in the matter Of the
State of Montana ex rel. Yellowstone
county VS.. A. Fraser, which came up
ON a petition for a writ of certiorari.
The court was asked to review the
proceedings had before A. Fraser,
justice of the peace, in which a fine
was imposed upon A. Reilly and SUBJ
sequently a second Judgment entered
against the same defendant, by which
the first was vacated and one for
a less amount rendered. A motion
to set aside the second Judgment was
made, which motion Judge Loud
granted. Tfs ss,s
November 4, 1902, Reilly was ar
rested for keeping his saloon open
and selling liquor contrary to law,
that date being one ON which a gem |
eral election was held. He a ar
raigned before Justice Fraser and
entered a plea of guilty. Upon this
plea he was sentencedsbo payia fine
Of $3.50, and a commitment issued.
The defendant promised to, pay ana
the mittimus was not served. s;d4
March 4, 1903, attention of the
board of county commissioners, then
in session, was called to thersnon
payment of the fine by Reilly and the
board requested an interview with
the justice. On the same day Reilly
appeared by counsel and made a
plea. The board gave instructions
to Justice Fraser to collect the fine
imposed and assurance vas given that
it would be paid. ~ ..eyg
March 10, same year, Judge Fraser
heard a motion to reconsider the orig
inal judgment in the case. April 16
he granted the motion and entered al
second Judgment, imposing a fine of
$50 on the defendant. This was paid.
Subsequently the second proceed
ings had in the case was called to-
the notice of the county commission
ers, who then instructed the county
attorney to bring action in. THE dis
trict court to vacate the second judg-
ment rendered against Reilly and en-
force collection of the first.
The ruling of the district court this
morning disposees of the matter and
the fine originally imposed must now
be paid.
Docket Notes.
The long pending case of NJ. Elan
agan VS.. the Northern Pacific Rail-
way company, an action for damages
alleged to have been sustained by
the killing of certain animals belong
ing to the plaintiff and forwhich he
holds the railroad company respon-
sible, was again touched upon. This
time it came to the courts attention
on a motion by the defense, to strike
from the court files plaintiffs amended
complaint. Briefs in support of the
motion were submitted, also ON plain
tif's motion for an order entering
defendants default.
In the matter of Matthew M. Brown
VS.. Amaziah Lanier, ct al, the de-
PENDANTS withdrew their demurrer to