The Dispatch. [volume] (Provo City, Utah) 1891-1895, 1891-05-02
THE WRIT DENIED.
An Attempt to Free the Gold
Brick SWindIGr.
Judge Blackburn Reduces
the Bail, However, from
So, 900 to ST. 800.
Attorney Hamilton Is Sat
Down on for His Brow
Beating Methods.

The hearing OF the habeaS corpus
case of William Leonard VS.. The Peo-
pie etc.. came on for hearing be-
fore Judge Blackburn yesterday morn
ing. Prosecuting Attorney Zane and
Mr.. Hamilton appeared for the appli-
cant, and David Evans, George
sutherland and William H. King for
the defendant.
The Court stated that his views of
haueaS corpus was to permit the open
ing and hearing of all the testimony
in the case, and decide whether the
facts would warrant the holding of the
defendant.
Mr.. Evans differed from the Court,
and read authorities to sustain his pO-
sition, but the Court interrupted him
by stating that be did not want to
hear arguments but he would like to
hear the case.
Attorney Hamilton, who had been
watching the force of Mr.. Evans
authorities, stated;
Il want it to go on record that |
am surprised that Mr.. Whitmore's in
fuence should bring down attorneys
from Ogden to assist in this case
The Court: well | don't want
anything like this, and | won't allow
such remarks any MORE
MIR. Hamilton: well, [ will with
draw my remarks.
The case then proceeded, and after
a brief statement of the facts in the
case by Mr.. George Sutherland Mr..
Herman KnudSen was called and
sworn for the defence. He said: |
have seen the defendant; | can hardly
tell the date when, but it was prob
ably a couple of weeks ago, at five OF
six O'Clock one evening; " ben [ fiji 81
saw him it was at Fisher S farm, in
the Fort Field. he was travelling to-
wards town in buggy; | was coming
from my farm, and lie was travelling
into town just ahead of Us; he turned
off the main road. and went north;
after watching him for the distance OF
probably $50 yards, he disappeared
among the willows near Provo river;
after he had been gore half an hour,
lie returned and went on the main
road. into town; | saw him the next
morning; he went to the same place;
Whitmore followed into the same place
The night after.
TO Mr. Hamilton: He had the same
clothes on that he wears now; | think
he would have had time to change
any disguise he might have been al
tired i'll during tie time he went in
and came out OF the willows.
HamIlton.-'Are you positive this
is the man you SAW (refering to the
defendant.
Witness" Yes, sir; | am
Quite sure?'
~ es, sir; quite sure"
Co2rt-''Dld he have any disguise
on when you saw him?"
mo, sir. =
Hamilton lsharply)--"That's all. :"
Andrew Kuudsen was then called:
| saw defendant Oh Monday evening;
April 20, he was in buggy; he APP
peared to be waiting for some one; he
turned off the main road and drove
north by our farmhouse AND disap-
peared into the willows by the river;
the road he went on is not a generally
travelled road, merely road used by
farmers to get to their land; there are
no houses in that neighborhood; [ did
not see him since.
To Mr.. Hamilton; have never COM
municated these facts to anyone that
know of.
Hamilton-"Did l not see you in
conversation with Mr.. Whitmore?"
Witness (sharplYl-"No, sir; you
did not
D. 5. Taggart, agent of the r. G
W, was next called: Was at the r.
G.. w. depot on Monday afternoon
April 20; ! saw the defendant there
that afternoon at 10 minutes after 8;
saw him there when the U. p train
came in from the south; | saw Mr..
| Wbitmore get off the train; dark
compleXioned gentleman was with Mr.
/ Whitmore; the defendant stood about
rod from the r. G. w. depot when
they passed; the gentleman with
/ Whitmore stood at the front end OF
the front coach; as he passed the de-
/ PENDANT he made sign of recognition
slight bow with his head; dGT,Gd
ant It turned the recognition, with a
nod of his head and slight wave OF
! his hand; defendant then went to bis
| buggy, which was being held by q
man at the Z. G. NJ l. warehouse. and
drove off; Whitmore and the man that
accompanied him went up town; SAW
defendant next day; he got on the
afternoon WeStbOund express; he got
on the south side of the train; paSsen.
gers &c rally board the train on the
dept Horth side; he did not get on
! the tr;iia az the last moment, just
ii, lie lrAa as leaving; he appeared
t. com, from i saloon on the south
he 90 the tra i.
10 81. hohii4a: Mr.. WhitmoTe gt.t
on the same II ia, just as it was pul-
ling out Of the -@3ot.
George Madscn: Irecollect seeing de-