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BARCLAY J. SMITH.
The HenrlH lu 1,18 Ca8e and 1>l8c,iar * c from Arrest Barclay J. Smith was arrested by United States Marshal Botkin and delivered to a mes senger from the State of Pennsylvania, by virtue of a warrant issued by the Governor of this Territory upon the requisition of the Governor of that State. The legality of the requisition and consequently of the arrest depended upon the validity of the affidavit charging the defendant with crime in the State of Pennsylvania. The following is a short synopsis of the decision rendered by Judge Wade upon Smith's application for habeas corpus : 1. It appears upon the face of the affidavit that a criminal action had been commenced against 8mith in the city and county of Phila delphia, in the State of Pennsylvania, at which place an affidavit had been made by three individuals, charging Smith with the commission of a crime in the county of Bucks, in said State. Upon this affidavit, charging the defendant with the commission of crime in one county and seeking his arrest for the purpose of a trial in another county, the requisition was issued. And the court held that even if Smith had been arrested in the county of Bucks, where he formerly re sided, and an attempt had been made to take him to the county of Philadelphia for trial for a crime committed in the county of Bucks, that he would upon application have been discharged from arrest upon habeas corpus , for the reason that a person charged with crime must be tried in the county where the crime is alleged to have been committed. If he would have been discharged from arrest in Bucks county, the reason would apply with much stronger force when an attempt was made to take him from Montana to try him in the county of Philadelphia for a crime alleged to have been committed in another county. 2. The affidavit was insufficient in not charging any facts against the defendant. The affiants only swore to legal conclusions, and there was nothing in the affidavit that could have been received in evidence upon a trial. The charge was upon information and belief of affiants that the defendant had been guilty of embezzlement and of making false entries in the books of a banking corpora tion in Bucks county of which he was Presi dent. There were no facts alleged upon which these legal conclusions were based. In this the affidavit was insufficient. In ex parte Joseph Smith (the Mormon Prophet) on habeas corpus, 3 McLean's Reports, 135, Judge McLean says : "The affiant having informa tion in his possession should have incorpor ated it in the affidavit to enable the court to judge of their sufficiency to support his be lief. He swears to a legal conclusion "when he says that Smith was accessory before the fact. What constitutes a man accessory is a question of law. The affiants opinion is not authority. He should have given the facts. And so in this case the affiant's opinion that the defendant was guilty of embezzlement was not authority. They swore to a conclu sion of law', when they should have given the facts. They say they have the facts neces sary to work out a conviction, but are careful not to disclose in what they consist. This will not do. They should have , stated the facts in the affidavit. 3. The official character of the magistrate before whom the affidavit was made is not properly authenticated by a certificate under the seal of the clerk of the court of the county where the affidavit was made. Such authen tication is an indispensible requisite, and fail ure in this regard is fatal to the affidavit, and hence to the requisition resting thereon. For these defects in the affidavit the pris oner was discharged, the court holding that in proceedings of this character to take a citizen of one State or Territory to another for trial upon a charge of crime the utmost strictness must be observed, and it must clearly appear upon the face of the indict ment or affidavit that a crime had been com mitted, and that the same could be tried in the county to which it was proposed to re turn the defendant. To Retire from Banning. Advices from Virginia City state that Chas. L. Dahler has announced his intention to re tire from the banking business, and has noti fied his depositors to come forward and draw their deposits. Mr. Dahler is one of the old est bankers in Montana, and we regret to note his retirement from active business. Sherldnu Improvements. A good many improvements, says the Vadisonion, are in prospect at Sheridan, and several new houses are being built, which »•ill add greatly to the appearance of the* own when they are completed. Among the juildings in course of erection are the hand some frame residence which Mr. Dave Me >anor is putting up; one of concrete, a fine ind substantial house, for Mr. Geo. Har lesty ; a concrete fire-proof store house re :ently finished for Mr. B. P. Bateman; a lew house built by George Hardesty on his anch close to the town, while the lumber is m the ground for three or four houses which -ill be built at once, including a residence ind gun shop which Mr. H. Brundage is ibout to erect, and a furniture shop by Mr. /an Rensallaer. But for the inability of the wills to supply the demand for lumber, we ire told that several more houses would be wit up this season. crow AfenL A. R. Keller, of Ohio, has been appointed igent of the Crows. [Official.] Delegate in Congr'ss ELECTION PRE CINCTS. Bozeman........... Elk Grove......... East Gallatin...... West Gallatin..... Gallatin City....... Yellowstone No. 1. Willow Creek...... Yellowstone No. 2. Sweet Grass....... Stillwater.......... Totals......... District Attorney K p ? K & 5 ? 260 71 66 14 24 46 23 13 11 16 166 23 35 26 10 27 11 8 12 1 309 288 47 69 16 17 42 29 10 13 10 137 87 30 24 17 33 4 11 10 7 310 Council men. 235 66 72 24 18 46 90 12 8 13 177 30 24 16 17 21 2 9 11 5 312 Representatives in Territorial Legislature. Treas. & SnptCo. Schools. * r s a I — 212 40 60 17 16 87 32 14 8 10 0 3 B 1 p 190 28 54 14 15 84 21 8 8 11 383 186 53 44 26 19 84 1 9 11 8 213 68 34 24 20 439 169 31 44 22 *23 83 23 6 7 2 Sheriff Clerk Probate and Assessor. and Record'r Judge. * Si -+ A QD -«• Ch 0 > -+ s® P $2 k 0 Ö £ K r w p k 0 p! 0 2 eg w * er ö § 1 3 3. $ I Ï* § ? ***** V—' 205 204 4 205 216 272 141 51 17 28 53 44 53 43 47 39 10 67 33 40 61 17 15 6 22 21 14 28 14 13 0 17 IS 11 24 27 33 10 34 40 24 50 30 3 0 31 2 25 8 11 10 0 1 20 13 8 3 16 0 7 12 15 4 5 9 8 8 15 8 10 7410 359 61 440 421 475 377 19 98 (. 1 Indicates Independent Kepu County Commissioners. 249 58 73 20 18 30 28 13 10 11 180 54 52 16 12 40 16 2 4 11 g B 8 P 191 48 70 18 10 213 48 85 22 17 31 17 11 Sj P g si i 181 82 82 94 20 44 19 16 7 229 54 41 26 19 42 5 11 10 8 GO S ci 3® 244 252 21 17 32 82 17 18 11 400 Coart Honse Loan. 377 47 40 11 5 £ 2. B [Official.] CHOTEAU COUNTY ELECTION RETURNS. At an Election Held Tuesday, November 5 th, 1878 . ELECTION PRE CINCTS. Fort Benton................ Sun River.................. Old Agency................ Fort Conrad................ Highwood................. Fort Clagett................ Fort Maginnis............. Marias River.........• •.... Twenty-eight Mile Springs. Belt Creek................. Shonkin.................... Totals... Majorities. For Delegate D. K Ind p GO P r 3 £ •g. i ÏQ 0 O 0 P 233 2 24 5 19 • • • • 15 • • • • 23 24 20 21 17 22 19 437 430 7 D. 32 P2 Ob B B 3 3 as 232 28 17 15 20 20 19 21 17| 22 17 D. s n S a 3.3 p ~ p District Attorney 428 238 31 20 15 22 24 19 21 17 22 19 448 167 12 18 10 6 15 17 12 17 5 2 58 *16 4 4 18 9 6 8 County Commissioners. 281 124 151 19 157 214 30 20 14 23 22 20 13 17 22 17 412 159 8 5 14 11 15 6 18 17 5 9 267 161 25 5 10 11 15 7 12 17 3 8 274 191 P. 100 8 15 2 10 9 13 15 194 Probate Judge. Sheriff. D. D. D. P. D. P. «H ÇH e* 3 • Ch -3 as p 3 Po _o Ü k <1 g a Dp CD QD srs Wa 0 2 p 3 § •-3 p a 0 p 3 « 3 e. j* p (D J1 p ■-v-* -V 181 53 174 64 239 235 12 17 17 12 81 29 5 14 3 16 20 19 15 7 8 15 15 16 7 10 13 23 23 15 s 11 11 23 24 » 11 7 12 20 18 17 4 14 7 20 20 17 12 2 17 17 5 17 4 18 22 22 17 2 9 10 19 19 309 133 268 173 449 441 176 95 A Word to Oar Friends. Subscribers to the Herald would spare the publishèrs some vexation and trouble if they will observe a few plain rules. If you wish the address of your paper changed, please say from what place to what place. For instance we to-day received the following letter: Butte, M. T., Nov. 13,1878. Ed. Herald : Please change the address of my Weekly Herald from Philipsburg to Butte, and oblige, ** That is a letter that delights the heart of the bookkeeper. But here is another letter : Bozeman, Nov. 9,1878. Ed. Herald : Please change my paper to this place. ** Now, we have several persons of similar name enrolled on our lists, and which one is this? We do not keep an index of our sub scribers' names, except those sent in single wrappers. It would require the services of several extra clerks to keep the package names on our books fully indexed. If a letter is re ceived similar to the one last quoted, from a subscriber who is not personally known to the bookkeeper, there are only two things to be done -to write back and ask for previous address, or spend hours in looking through our long lists to find it. If a subscriber is about to leave the Terri tory, or for any cause wishes the paper dis continued, drop us a postal card to that ef fect. Do not tèll the Postmaster that you re fuse to take it, and leave it to him to notify us ; and do not leave the camp with the as surance that the Postmaster will write us about it, or that some how or other we will find out that you have gone.? It is well known that the Herald does not make it a rule to stop an old subscriber's pa per when the time for which it is paid is up. A man that has taken the paper for years, and paid the traveling agent when called upon, or forwarded his subscription at the close of the year, would be mortally offended if we should discontinue his paper without notifying him. Yet in some of these cases we lose by it. A case like this occurred a short time since in Deer Lodge county. Our agent called on a man who had been taking the paper for years, and presented him with a bill for the current year. "Why," says the subscriber, "I left this camp six months ago, and just got back. I haven't had the paper. Didn't the Postmaster notify you ?" Postmasters will please remember that it is their duty to notify publishers when a paper remains "dead" in their office ; and, also, that they are furnished with blanks to use in such cases. Please use these blanks, and do not simply wrap up a paper, on which the subscriber's name is printed, and send it back. That is not a notification. It is unintelligi ble to us. To close we give this model letter as a good "sample:" Horse Shoe Bind, Idaho, Nov. 7,1878. Ed. HeraId : Please discontinue my pa per sent to this post office. It is paid up to some time next month, but that don't matter. I am off for the States, and when I find a stopping place I shall subscribe again. I am, yours, ^ ^ J L CLA RK. Snake River Piaeeke Mr. James Lane, on Snake River, Idaho, is working an auriferous bar by the silver copper plate process and is reported by the Salt Lake Tribune as realizing from $17 to $90 per day to the man. Fonr men are em ployed who operate two sets of plates. A ten days run is said to have yielded eighty ounces of amalgam carrying $5.50 in gold on one set of plates and the other set sixty ounces of $6 amalgam. Mr. Lane pays his men $1.50 per day and board ; tht incidental expenses of running the plates are mere nothiDg, so that the lucky Lane is making about $70 per day. Caster Connty Returns Advices from Custer indicate that upwards of 500 votes were polled in the county. The result on county officers, up to the 6th, was not definitely ascertained, but most of the Democratic candidates aje supposed to be elected. As far as learned the result on Dele gate is as follows : Precincts. Miles City............ Old Town. .......... Huntley.............. Sherman.............. Maginnis. Orr. 324 7 59 4 26 2 18 9 s r 22 There are several other precincts to report, among them that of Lower Yellowstone, which was expected to poll about 40 votes. For District Attorney, Callaway received all the votes polled at Huntley—22; at Sherman, Vivion received 23 of the 25 votes cast. For this office the other precincts as yet give no report. The supposition is, however, that the county will give a large majority for Vivion, the annoucement of Mr. Callaway's candidature coming too late to assure his suc cess in the canvass. Missouri River Improvements. Lieut. Stevens, of the Engineer Corps, who this year has had charge of the upper Mis souri river improvements, nearly exhausted the appropriation of $30,000. The work at Daupfian Rapids is pronounced finished, giv ing three feet at low water where only 22 inches was the depth obtainable a year ago. The engineers have worked the change by removing boulders and building wing-dams. At Cow Island the improvement is complete, and twelve inches more water runs there than two years ago. There is a foot more water at Grand Island than there was a year ago. All three of those places are now regarded navigable until the river freezes over. Gen. Humphrey estimates $50,000 for next year's appropriation. For eight miles below Dau phan Rapids the river needs overhauling. There are scores of shoal places that will need fixing before navigation can be counted on until ice runs, hence the necessity of an other appropriation next year. Montana River Transportation. The Montana business, says the Bismarck Tribune , has increased this season thirty per cent., and in the case of the Benton Line has doubled itself. There have been seven months of open river. The arrivals at Bismarck landing foot up about 160, the largest number in its history, The arrivals at Fort Benton were fifty and the freight unloaded at that live town about ten thousand tons. About six thousand tons went from Bismarck. The freight brought down has amounted to fifteen hundred tons, independent of the seven hun dred head of Montana cattle shipped by the Coulson boats. The down freight included buffalo robes, furs, wool, hides and ore. The ore was unusually light, on account of the depreciation in the price of lead. The low grade ores were not shipped this year. Here tofore the lead taken from them paid for the transportation. Election Réunit In Deer Lodge. The vote in Deer Lodge was the largest ever polled in that county, and will probably exceed 2,400. Five small precincts—Lincoln, Jefferson, Carbon Moor, Boulder House and French Gulch—yet remain to report As far as heard, Maginnis leads in the county 1,006 majority, which will be increased 50 or more by the full returns. The Republicans elect Coleman Treasurer by 150 majority; Zenor, and probably Morse, Commissioners, and Boardm&n, Representative. Emerson, Republican and Workingman, is elected Pro bate Judge by about 500 majority. The Democrats elect the other nine officer, Legis ative and county. SILVER. (26,130,350 2,373,389 5,394,940 1,669,635 2.200,000 5,208,000 3,000,000 500.000 100.000 250,000 100,000 The following is an abstract from Linder man's forthcoming report of the gold and silver production for 1878 : GOLD. Nevada.....................119,546.513 California.................. Colorado.................. 3,366,404 Montana................... MK'Sl Idaho...................... 1,150,000 Utah....................... 382,( *£ Arizona.................... 500,000 New Mexico............... Oregon..................... 1,000,000 Washington................ 300,000 Dakota.................... 3,000,000 Lake Superior....................... North Carolina............. 150,000 ....... Georgia.................... 100,000 ....... Other sources, gold, $25,000 ; silver, $25, 000. Total gold, $47,226,107 ; silver, $46, 726,314 . . Telegraphic Communication With Fort Keogh. The following dispatch from Gen. Miles was received in Helena last evening : Fort Keogh, M. T., ) via Dead wood, Nov. 14, 1878.) Hon. Martin Maginnis : I take pleasure in announcing that the mili tary telegraph line, which you are instrumen tal in having constructed, is now complete between Dead wood and Keogh. N. A. MILES, Comd'g Dis't. An answer, congratulatory of the event, was returned by Major Maginnis. A private dispatch from Keogh, of the 14th inst., in forms Major Maginnis that 700 votes were polled in Custer county. » M Military Telegraph. The military telegraph line is progressing under favorable auspices. Indian hostilities during the past summer withdrew most of the force at work on the line, and several months delay ensued. Since then the poles have been set, wire strung, and telegraphic connection secured between Fort Keogh and Deadwood and thence with the world beyond. Working parties of 100 or more men are out now between Custer and Keogh, and those posts will soon be in close communication. The work west from Custer is also understood to be in progress, while a party from Ellis are working east, putting up poles across the divide and down the Yellowstone as far as Stillwater. A few weeks of mild weather, uninterrupted by storms, will see the whole work done and telegraphic communication fully and permanently opened between the States and the.heart of Montana. Helena's public Hall. 1 _____ * Mr. 8awtelle, who arrived with his com pany yesterday from Bozeman en route to Fort Sh&w, has ordered additional improve ments on his Broadway Theatre building. The front, recently double-boarded, is to be neatly painted. The sides are to be removed and replaced back of hermetrically ceiled tar boards, thus making the hall warm and cozy against the searching frost and cold of com ing winter. In the purchase of the ground and erection of the building Mr. Sawtelle has incurred no inconsiderable expense. Our people have long been anxious, or professed to be anxious, for a public hall suitable as to size, appointments, and location for plays, festivals, dance parties, lectures, public meet ings, etc. Sawtelle's Theatre covers these requirements. The public should attest their appreciation of what Mr. Sawtelle has done, and done well, for the town. The hall is large, well lighted, with smooth, double matched floors, and answers admirably every public need. We hope our citizens will more liberally patronize it than they have so far done. The rent is moderate, and the School House should now hardly be sought for or offered in competition to it.' Mr. Sawtelle's enterprise deserves to be recognized and re warded. BREVITIES. —C. L. Vawter advertises pure Havana ci gars and Bourbon whiskies for sale at cost —Major Gordon, 2d cavalry, in the absence of Gen. Buell, is in command at Fort Custer. —Dr. L. W. Frary has removed his dental rooms to his new building, just above the Herald office. —The last of October a baud of twelve horses, the property of citizens of Custer, were stolen from Mr. Dana's ranch, near the post, and at last accounts had not been re covered. —The Avant Courier , with the current number, closes the seventh year of its publi cation, and enters upon its eighth volume with an increased circulation. The Courier is without a competitor in Eastern Montana, and ought in so wide a field to attain an abun dantly paying patronage. DRT GOODS AT COST! AT COST! AT COST Having decided to change my base of operations, I rvffar my entire stock of Staple ami fancy Dry Goods« Notions« etc«« at cost, to close out. The stock is full and complete in quantity and var iety, embracing the freshest and newest fabrics and most fashionable Fall and Winter styles, and consists almost entirely of this season's purchases. The lines of woolen and cotton fabrics are unbroken, and in ad dition to which will be fonnd the choicest stock of Cotton and Wool Hosiery, Gloves, Corsets, Felt Skirts, Merino Underwear, Shawls, Ruchings, Ties, Fancy Goods, Motions, Ribbons, Laces, etc., etc. A most elegant assortment of Bleached, Unbleached, and Turkey Red Damasks and Table Linens, Napkins, Towels, Toweling, Sheetings, Cotton Flannels, Table Oilcloths; also, a large stock of Dress Goods, Black and Colored Alpacas, Cashmeres, Merinos, De laines, Ginghams, Piques, and a superior stock of White Goods« consisting of Striped and Barred Nainsooks and Jaconets, Linen Cambrics and Lawns, Swisses, Tarlatanes— in fact, everything that goes to make up the full lines. The assortment of White and Colored Em broideries is the largest and prettiest styles shown iu the market, and as all goods will be thrown on the market at STRICTLY COST, for CASH at the counter, every one will now avail themselves of this rare opportunity to eecure ruch goods as they may need, both for present and future use, thereby secur ing their supplies at less than Eastern Retail Prices, and have the advantages of selecting the goods In per son from an unbroken assortment. Books will be closed, and all sales made for Cash. I also offer for sale my residence on Ninth Avenue, near the School House, with or without furniture now rented at |40 per month. Respectfully. J.R. BOYCE, Jr., BOOTS AND SHOES. \§*kch LEATHER AND FINDINGS AT Greatly Reduced Prices!! fred."gamee Has just received a Large and Complete Stock of BOOTS AND SHOES, Including every style and kind known to the Trade, embracing some of the Finest and Latest Styles Recently Manufactured by the best manufacturera in the United States. Ladies' Misses' and Childrens' Serge, American and French Eld, Glove, French and American Calf. Pebble and Oil Goat Straight Grain and Glove Kid Gaiters; Button, Congress Side and Front Lace Shoes, Slippers of every description for GENTS, BOYS & YOUTHS, Cnstom made Calf and Kip Boots and Shoes of every description and style suitable for Miners, Ranchmen, and general use. Mens' Hand md Machine Sewed Soots and Shoes In all the latest styles, and of the very best material. The best RUBBER GOODS constantly on hand. Owing to our IMMENSE STOCK Of Leather, Findings and Supplies, we are assured we can sell to dealers at a less price than can be ob tained anywhere in the. Territory. We respectfully invite the attention of purchasers to our full and complete stock, which we have placed at greatly reduced prices, assured that we can satiny the most tastidious. Orders from the Country will Receive Prompt Attention. Call and. Goods and prices befr* show goods. Examine purchasing. No trouble to FRED. GAMER, d&w6m-my28 63, Main St„ Helena*