Omaha daily bee., 1890-01-05
A New Legal Point.

"A question of criminal procedure, and one
never before passed upon in Nebraska, which
Will be of interest to the practitioner in that
branch of the legal profession, was ruled
upon by Judge Garrison of the distcict court
a day or two since.
w. H.. Martin was arrested, charged with
grand larceny, and given a preliminary ex-
animation before the police Judge at South
Omaha by whom, in default of bail, he was
committed to the county Jail to await trial at
the next term of the district court. Martins
attorney filed a petition for and obtained q
writ OF habeaS corpus upon the ground that
the evidence upon which the petitioner was
bound over was insufficient to establish
probable cause" TO believe him guilty Of
the offense charged. AS tho testimony given
before the examining magistrate had not
the witnesses called and their testimony
heard de novo by Judge Clarkson. The as
sistant county attorney strenuously objected
10 such a procedure as not contemplated or
warranted by the Nebraska statutes relating
to habeas corpus. After argument pon sew
eral occasions the court finally held that the
witnesses might be called and the hearing
proceeded with, which hearing was had in
room 2 of the district court yesterday and
Martin was released.
Judge Clarkson's ruling in effect gives a
prisoner confined in jail to await trial an ap-
peal, by the WRIT of habeas corpus. from the
action OF the examining magistrate upon a
showing TO the court that sufficient testi-
mony has not been elected at his prellmi-
nary examination TO show ''probable cause.'
Tn county attorney will take the matter TO
the supreme court, deeming the precedent
established OF sufficient Importance as to re-
quire either the approval or dissent of that
tribunal.
Wheel CLUB Notes.
Theater parties amongst the r. w. C. boys
have been very frequent OF late, and have
been we'll attended. New Years day q
crowd of twelve held down the ''baldhead-
row. at Antiope, and it is.rumoredthat there
were ak new opera glasses in the crowd.
So far the Omaha Wheel Club polo team
leads In the league, and there is no reason
why II shouldn't be the penannt w,nuer. II
the BOYS keep up their earnest work III that
direction it will be pretty hard for any other
team to carry away the ball AT the end of the
game.
Treasurer G. o. Francisco would like
the boys to come and ''see'' him as soon
as possible. Everybody knows that IL
would be a hard task for him to go around
and see all the seventy eight members of the
club and for that reason you may find him or
one OF his able assistants at the club rooms
lmost any night between s and 10 o'clock.
A club run was called December 81 at II As
p. m. for the purpose of riding into the new
year, and eighteen wheelmen responded
promptly. A SPIN was taken over the Coun-
Gil Bluffs bridge, aud when the midnight
bell tolled the beginning Of 1890 a shout went
up that shook the %stringers. Handshaking
was INDUCED in and a prosperous new year
was wished to the Omaha Wheel Club.
The masquerade at the Coliseum New
Year eve was a grand affair, and many of
the costumes were as gorgeous as beautiful.
For a character costume the one OF COW boy
took the belt, as there wasn't anything lack
ing pertaining TO the suit OF one of these
''centaurs of the prairies.'' The leather leg
gins, corduroy Dreeches, sombrero, flowing
locks, IN short everything was there. aud a
lady in the audience really mistook BILLY
the Swelln for a real cowboy.
Manager Prince of the Coliseum is making
arrangements with all the crack riders Of