Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-01-02
Il O'BRIgE SHOOTING CASH,
Application 10 Jadss Ys.S to Aa.
NIT Raymond to Bail.

Judge Zane - in chamber. fiji,
morning and heard q motion bv
Judge Powers for the admission 10
oaii OF Frank T. Raymond. who IL
now awaiting his trial for the muir.
oer OF X J. o'Brien, In this city, on
December Dist. The application
was based upon thetesiimony taken
oefore Justice Lsney, the commit
ing magistrate, and additional
anidavits which Judge Powers now
submitted.
District Attorney Varian objected
TO the application, remarking that
not one OF the persons named in the
ahidavits was called or examined Mt
the preliminary examination, al
though it appeared that they were
IN the city at the time. He desired
to have those afiiints present, in
order that he might examine them.
1t were intended to reopen the
natter. He desired to ascertain
whether the evidence Of those per-
sons could hsve been obtained had
reaeonabie diligence been employed,
Of the bearing before the police
magistrate.
Judge Powers replied that on the |
OCCASION Of that examination he
himself called the attention OF the
magistrate TO the fact that these
werc eyewitness Of the tragedy
who had not been called by the
prUsecution, and who, he then in
sisted, should bc brought forward
and examined. Some OF them were
right In the court room Mt the time (
One Of them indeed was sworn, hut
not cAllej. Justice Laney, how.
ever, sveriuled his rauest.
Next he asked for q continu-
anse Of the case until The fol-
lowing mcrning, In order that sddi-
tionai testimony might be adduced;
but the magistrate refused to allow I
this alsD, stating that the sxamina.
ton must lie closed the SAME day.
Upon this he Judge Powers) init
mated that ho would he compelled
to rest his case there. Under the
IL seemed % him that
his request TO have the matter CON-
tinued until the next morning WE
= rcssonable one, bus Justice Laney =
held that, under the statute, Ia
could not grant such postpone. !,
ment.
Mr.. Varian said that one Of the
sfiiaus, a bar tender at Rsymond's 2
saloor wac present in court when II
The ngisteria& examination began. "
but III soon afterwards, having z
been horned, as he CIR. Varian] y
understood. that he would not be :
;alled. b
!. Coury Attorney Murphy read h
from tie statute. which showed il
% lie operative that the examine Al
hon cociude at one session, unless 9.
good cass were shown by affidavit u
'or = pstponemeas. He made no II
,hJect.onEqo:ever 10 the resa-ss Of " 4.
,sIge PowS Tor Q confuuance, q, p
ne time, ht6courf took the view /.
nat l[fas bound by tina positive J,
I(on of the statute to close the W
- the same day. 70
yadgs Powers said that the afiida- L
its lie had now handed in showed =
eyoAd all controversy that the &C. .
used was entitled to ball, aud in a
he circumstances it would DO the \
uty of this court to order writ OF e.
deeus corpus. g
Judge Zane-AIl the eye-wit- =
esses ought to be here before me. al
Mr.. Varian said he would take e
are that all the eye witnesses OF the y
fair were subpenaed II the matter ~
-xs ordered ~ stand over until next =,
eek. n,
Judge Zane accordingly fixed K,
hundsy next fer the further hear
u Of the motion. y