The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-07-17
THE LAWS CLUTCHES.
Eddie Wertz Held for the
Grand Jury.
THE COMMISSIONERS POWERS,
Their JurisdiCtion in Civil Cases De-
fined-The Old Charge-Police
Court Pickings.

Eddie Wertz, the Central Pacific
brakeman who was arrested at Garfield
Beach week ago, on the charge of
having stolen watch, foreign coins
and other money from a dressing room
occupied by Mr.. T. G. Reoklidge, was
taken before Commissioner NorreIl
yesterday, and in answer to- the con-
plant alleging that he was guilty Of
grand larceny, he entered plea of not
guilty.
Mr.. Rooklidga was the first Witness
He testified that en- Sunday. July 8th,
he was at Garfield Beach; that he oc-
cupied room 10. Avenue H thag after
being in the water several minutes and
when he returned to his room, he dis
covered that his watch, $40 in gold.
some silver change and a number of
coins had vanished. After the defend
ant had been arrested, witness was
present when he was searched, the
watch, coin and money being POUNDS
upon him. Defendant Claimed to have
bought the watch from 9, tall, shabby
man, paying So for it, and the coins
were thrown is. He recognized the
watch and coins as his property.
w. A. Everill, q bartender at Gar field
Beach, recognized Werlz as being the
individual who had come in to the bar,
asked for cigar, and threw down
handful OF small coin. He ncticed one
odd piece, and asked WertZ to Let him
have it, but Wertz said no, h5' wantetj
to keep it, at the same time showing
him several other CID coins, which he
said he had obtained from some
one. Soon after, witness was asked
whether any one has been in the bar
with foreign money, and at the request
of the officer, he went out, recognized
Wertz, poinEng him out, and his ar
rest followed. There was nothing sus-
Licious abo0t his actions at the bar:
Albert Gwenson, bGth-tender OF the
east side, testified to the fact thac7the
defendant had occupied room Is, av-
enue II.
Sheriff Mcbride testified as to the ar
rest, and the subsequent taking of the
stolen property from the person of the
defendant. who claimed that a man
had sold him the watch end given him
the coins.
The watch AND coins were offered in
evidence, and the prosecution rested,
when Mr.. Dickson, in behalf of the de-
PENDANT. said that couple of witnesses
WHO we're very material for the defense,
could not be present, and he would
therefore waive an examination, Sug-
costing S500as the amount of the bond
that much money vas on deposit with
the court. 1t had held him until now,
and; would. he thought, be- sufficient.
The Commissioner and prosecuting at
torney both took this view of the matter
and the defendant was released.
COMMISSIONERS JURISDICTION.
W.. II. Brown, of Promontory, Box
Elder County, was arrested few days
days ago on a complaint charging him
with grand larceny, in that he had
stolen; a horse of the value os SIS, the
property of John W. Taylor The COM
plant was sworn to by al Ogden
deputy and was issued by r. W. Cross,
com missioner of Weber County. Brown
underwent an examination before the
Weber commissioner, and Was held to
await the action of the grand Jury.
Failing to give bail, he was committed
to the care of the United States Mar
shall. Yesterday, the case came up be-
fore Judge Zane on writ of hdbedS
cOrpsaS, the claim of the defen liant being
that the defendant was unlawfulIy held,
for the reason that the commissioner
before-whom he was examined had no
Jurisdiction, because the oTense was
not committed in Weber County
neither had the property alleged to
have been stolen been brought into
Weber County; that it was strictly
case that could be handled only by
magistrate or a commissioner of the
county where the otfense was commit
ted,
Judge Zane was of a similar opin ION.
The Jurisdiction of a commissioner, he
said, in a civil or Territorial case, is
limited to the county in which he sits
to which ne is appointed. IN a case
commissioner had jurisdiction, no mat
offence was committed. Had the prop
erty stolen been brought into Weber
County, the case would have presented
an entirely different aspect. There was
nothing to show this. however, and the
defendant should be discharged. You
are released, SIR" said the Judge.
Thank you, was the reply of Mr..
Brown, and he started towards
the door. Before he reached
the. opening he ran against Deputy
Cannon, who read a warrant for his
arrest on the same charge, and COM
manding that be be at once taken be-
fore the nearest magistrate in Box
Elder County, there to answer the
charge. He was taken north last eve
ming.
OTHER BUSINESS BEFORE JUDGE LANE.
David II. Henroid, late OF France,
but now OF Uintah County, was adj,
mitted to citizenship.
Classon S. Kinney, late of the,
Supreme Court of Kansas, was adj
mitted to the bar on motion of Judge.
GilchIist.
ON TILE USUAL CHARGE.
Lorenzo D. Watson was arrested by
Deputy Sprague yesterday, on the
old charge. Mr.. Watson lives in
Beaver, and has slgeady served
one term in the Pen. Pending word
from home he went out 10 the Pen last
evening.
CHARGED wITE BATTERY.
Thomas Syphus was Jun IN by the
Deps. 1t is alleged that he celebrated
the birthday of the nation By commit
ting battery on one John Link. His
case will probably come up to-day.
POLICE COURT.
In the Police Court yesterday Andrew
Jacobsen and James McGregor, two
Sunday DRINKS, were mulcted IN $lU
each.
J. Ranshaw, another Sunday drunk,
was let off with fine OF So, it being his