ON HABEAS CORPUS WRIT

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"List transcribed and organized by Jack Hannah, JHannah782@aol.com All rights 
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"JIM" GRADY TAKEN BEFORE SUPREME
		COURT

HEARING HELD TOMORROW

Prisoner Accompanied by Sheriff Hubbard Departed on North

Coast Limited

     Sheriff Hubbard left this morning for Helena 
having in custody James Grady, who is accused 
of complicity in the murder of Sergeant Robert 
T. Hannah of the Billings police force, on the 
morning of July 2.  On August 4, James Grady 
was committed for trial in the district court on 
the charge of murder in the first degree and the 
committing magistrate, Judge Mann, refused to 
admit him to bail.  James Grady was not present 
at the time his brother Ed Grady and Orton 
Mosier committed the robbery at the Owl saloon 
and shot the police sergeant; but the prosecution 
contends that he was the instigator of the 
robbery, and should be held responsible for the 
resulting murder.

     The defendant's attorneys, Messrs. Hathhorn 
& Groves contend that their client was not 
connected in any manner with the saloon holdup 
or the murder, and yesterday applied to Chief 
Justice Brantly of the supreme court for a writ of 
habeas corpus directed to the sheriff of 
Yellowstone  county, and commanding him to 
bring Grady before the chief justice at Helena 
Saturday morning at 10 o'clock.

     The grounds alleged in the petition for the 
writ of habeas corpus which was presented to the 
chief justice by Hathhorn & Groves are as 
follows:

     That the evidence is insufficient to show that 
there is probable or reasonable cause to believe 
that James Grady is guilty of the crime charged 
in the complaint, in that:  1st, there is absolutely 
no evidence tending to show that Jim Grady 
directly committed any of the acts alleged in the 
complaint:  2nd, that there is no evidence 
absolutely tending to show that said Grady aided 
or abetted Edward Grady or Orton Mosier, or 
either of them, in the commission of any of the 
acts alleged in the complaint:  3rd, there is 
absolutely no evidence tending to show that 
James Grady counseled or encouraged Edward 
Grady or Orton Mosier, or either of them to 
commit the acts alleged in the complaint.

     The writ was served by United States Deputy 
Marshall Crutcher on Sheriff Hubbard this 
morning. and the later lost no time in obeying it.  
Grady was handcuffed securely, and his 
appearance attracted a large crown of spectators, 
who were anxious to see one of the principals in 
a desperate crime.  He was neatly attired in a 
gray suit and showed no sign of nervousness in 
being exposed to the gaze of the large crowd at 
the depot.  His attorney Mr. Hathhorn. and 
County Attorney Harris also went to Helena to 
argue the various questions raised by the 
petition.

     The application was made to Judge Brantly 
on account of the absence from the state of 
Judge Loud.
The Billings Gazette

Billings, Yellowstone County, Montana, FRIDAY, August 12, 1904