Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-08-19

| HEARING on THE WRIT OF HABEAs coRPus FRIDAY
Robert G. Bulliss, who was arrested here q
few days ago on a requisition from the gov
| ernor Of Utah on the charge of obtaining
money by false pretenses, appeared AT the
| court house this morning prepared to 20 wit h
his counsel before Judge Bradley on a writ of
habeas corpus directed to Hugh Turner, the
| agent OF Utah. The agent claimed that the
| papers served on him by Bulliss counsel were
not legally served and were void, and on enter
ing the court house this morning he at once
| seized Bulliss, who was in the corridor Of the
| building. The latter. however, got his hands
over the sill Of window and held on, while
| Turner grasped him tightly by the arm and
tried to pull him away. Bullss however, held
! on tightly and Turner appealed to the mar
| shaPs officers and to the lawyers passing and
| asked that an officer be sent for None was
| sent for and the officers Of the court deemed
| that their proper line OF action was one OF
mastery inactivity, and so kept their hands off,
Mr.. Barker OF Barker & Webb), Bulliss' coun-
| sci. advised him to remain where he WAS, and
going before Judge Bradley explained the case
| Then the judge directed that Bulliss be brought
! in and Mr.. Barker called him. Turner held on
to him and attempted to drag him away. but
Bulliss broke from his grasp and passed into
| the court room. while Turner quickly turned
| and left the court house.
| COUNSEL BARKER's STATEMENT
Mr.. Barker, after the judge had examine d
the papers, stated that the chief justice had
passed upon the papers, but the case was not
one of the people of Utah against Bullss but
common decency against outrage. This man
Turner had had BGlliss arrested before on the
same charge, growing out OF the same transact
| ton, and the prisoner was taken before Judge
Mills. who tried the case and dismissed the
/ r. Then Tnr0pr taiapranhal 70 GaIt
| Lake City for the requisition papers and they
were sent him and he was made the represent
| alive Of the state and had attempted to kidnap
| Bulliss- He had no criticism to make on the ac-
| ton OF the chief justice, who simply acted on
| the papers. The facts in the case were that
| two other parties and Turner went into part
a motor, and Bulliss came here spe
| to perfect his invention and prepare his model
For some reason Turner became dissatisfied
and demanded that Bulliss disclose the where
| abouts Of his models or he would be arrested
| Bulliss failed to do so and he arrested and
dismissed. After Chief Justice Bingham had
placed him in the custody OF Turner. the latter
went to the Department of Justice and aske
| an advance of funds TO take him and hi,
prisoner to Utah at the public expense. Then
what does he do? Placed his prisoner in the
| jallS at Alexandria and Rockville and two
| station houses here. 1t was the duty of the
| agent to have at once taken Bulliss to Utah.
| to have been appointed as such agent
Mr.. Barker then urged that he had
| served the writ and instead of taking the pris-
! oner to the depot Turner took Bulliss ard car
ried him to Brookland in a closed carriage
| Turner and his friend being drunk The
| driver refused to take them further and they
| walked Bulliss to station and took MIN to
| Rockville, where the wife OF the jailer took
| him in, but the jailer released him. Counsel
| then referred to Turner laying hands upon
Rnll taC NJ dna- - tha IL
| warrant for Turner. He claimed that while
Mr.. Bulliss was willing to return to
Utah, the agent had not complied with the
order of the court, and started with his pris-
oner. He proposed, il necessar& to prove
that Turner r had asserted that Bulliss would
STATEMENT OF TURNER'S COUNSEL.
Mr.. c. Maurice Smith appeared for Turner,
| the Utah agent and stated that Mr.. Turner
orders of the chief justice; he had not been
served with the writ, the only parties to serve
such writ being the marshal and his deputies
The judge said that the rule required tn e
marshal to serve such writs, but even writs Of
injunction could be served by others than the
marshal.
MIR. Smith said that no new question was in
yolved; that it was want of funds which had
detained the agent.
DECISION OF THE COURT.
Judge Bradley said there was something
| more, for the petitioner shows that instead of
| being taken to Utah he was taken around to
| different stations and jails. An agent should
not ask for prisoner until he was pre- pared to
take him to the destination. 1t seemed that
| the agent should have had the proper respect
for the court to have responded to the writ and
made return.
The court held that the service of the writ
by counsel was sufficient; that tho knowledge
that such writ had issued should have been
sufficient to have brought him into court.
The court further said that there should be
a return and MIR. Smith asked until Friday to
file the return.
The question as to the custody of Buliss in
the meantime was considered, and the defen-
custody OF the marshal The court said that
it was an outrage 20 have put the prisoner in
the Rockville jill,
BULLIss' STATEMENT
Mr.. Bulliss, in answer to the court, said that
he had resided here since September 29 last;
that he received the money here in this city
that the checks were given in the names of
Turner. Holiday and Frances
Mr.. Smith, after examining the papers, said
that there was nothing in the petition or aft
davit.
THE PRISONER RELEASED TILL FRIDAY
The court said that he would take the petition
% PNi''hH' iSeObH4@"hSc W appear Oh rTiuay
morning. Mr.. Turner WAS not in position to
take the prisoner to Utah. and the court de-
sired. when the case came up, to learn all about
the petitioners incarceration at Rockville and
else where.
The petitioner-If it please your honor. this
man attempted to drag me from the court room
door this morning, and would like some pro-
lection.
The court-His counsel will notify him and
there will be nothing to fear
The petitioners recognizsnce was taken for
Bulllss appearance at 10 o'clock Friday.
The Conductors Defense.