Farnsworth v. Montana

This is a writ of error to the supreme court of the territory of Montana, in a criminal case, brought by George W. Farnsworth, who was proceeded against by an information in the probate court in and for Gallatin county, in that territory, for the crime of misdemeanor, in having, in violation of a statute, as a commercial traveler, offered for sale in that territory merchandise to be delivered at a future time, without first having obtained a license. He was arrested, and pleaded not guilty, and was tried by the court; no jury having been asked for or demanded. The court found him guilty, and its judgment was that he pay a fine of $50, and costs of the prosecution, $17.70, and stand committed until such fine and costs should be paid. He took an appeal to the district court for the county of Gallatin, and the case was tried by that court, a jury being expressly waived, and it found him guilty, and sentenced him to pay a fine of $50 and all costs of prosecution. He then took an appeal to the supreme court of the territory. That court affirmed the judgment of the district court, in January, 1885. 5 Mont. 303, 324, 5 Pac. Rep. 869, 878. To review that judgment the defendant has brought the case to this court by a writ of error.

James Lowndes, for plaintiff in error.

[Argument of Counsel from pages 105-109 intentionally omitted]

BLATCHFORD, J.