Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-09-07
A HABEAS CORPUS IN EMBRYO.
Hyrum GOTf IL Not Allowed 10 Take
the Oatb-TwO other Cohnbs.
Released.

Three prisoners, all residents of West
Jordan, who had served their terms Of
six months in the Pen, were brought
to the city and taken before Judge Mckay
this morning. All made application to
be allowed to take the poor debtors oath,
and were examined in turn as TO their
qualifications TO swear themselves out Of
prison.
lIyrum Golf, a well-to-do farmer and
arrested on the 10th OF January last, and
few weeks later he disposed of all
his attachable property. Golf had been
superintendent of the mercantile
house OF Golf & Co.. he had owned
stock in the concern to the amount Of
81 800, which he sold to his mother.in-
law, after his arrest; he owned little
homestead; he had five children by each
of his two wives; the transfer of his
stock in the store had been cash trans
action, and he had received the 81 800 in
money; he gave 81 600 Of this to his
first wife and $500 to his second wife; he
said he did this to insure livelihood
for his family during his incarceration /;
previous to his being sentenced he had
received salary of $50 per month and
had supported both his families comforta-
bly, upon this; when he went to the PEN,
he was succeeded at the store by his
first wife, whom he supposed had re-
ceived a salary for her services; he sup
posed she got enough to hold up her end
OF the family.
Mr.. Varian stated that he understood
the statute under which these cases come
to have been made simply for the relief
of poor men who were really unable to
pay their fines. 1t was special privilege,
and the applicant was therefore required
to give the evidence himself. He argued
that since Golf had supported both fam
lilies upon $50 a month, it was more
than probable that his first wife got
enough for her services at the store to
support herself and children, and the
81 700 given to her had, therefore, moro
than likely never been touched. He did
not think it would be a hardship to make
this man pay the sum, and he therefore
considered it his duty to ask that the APP
plication be not granted.
Mr.. Moyle, attorney for the applicant
made brief, pointless speech on the
subject and the case was submitted.
James o. Poulsen, typical Danishman
OF the old Mormon school, was next ex-
amined. He didn't know exactly how
much land he had, but it was probably
less than four acres. He didn't know
what it was wort" and he didn't want
to sell it. His indefinite answers were
quite ridiculous, but it was very evident
that he was honest, and that he was really
unable to pay the fine.
William j. jenkins came next. lie
had thirty acres OF land and about the
same number of children, all under Is
years OF age. He was little better
fixed than was Brother Poulsen, but it
was likewise evident in this case that he
was entitled to the privilege asked.
Judge Mckay said that he would dis
charge Poulsen and Jenkins, but that
Golf would be held.
Just what action will be taken in the
Golf case is not yet determined, but it is
more than likely that it will result in
another habeas corpus case. The case is
very similar TO that OF Foulger, only on Il
rather smaller scale. The man had
property and transferred it after his
arrest, thus trying to avoid the payment
OF his fine. Though his application to
be allowed to take the oath does not
show the brazen gall that Foulger's did,
he is in the same box and should be
treated in the same manner.