The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-11-19
THU SOLDIERS Will
BE- RE-INDICTED.
Buck. Linse and Sheffield Plead
Under United States Statutes.
THE CHARGE IS MURDER.
The Edwards Jury Cannot Agree and
Are Discharged.
Twenty Days for Petit Larceny-megal
Duck Shooters acknowledgements
for New Trial in the Hammond
Case-Phn Foote Released.

The learned counsel for the defense
in the case of Lieutenant Buck. Ser
geant Linse and Private Sheffield met
| with something of a surprise in the
turn the case took in the Third dis
trict court before Judge Zane yester-
day morning. The parties were
brought in for a formal trial only, as
was supposed. under Judge Zane's
ruling sustaining their special plea
jury was impaneled in the cases
against Linse and Sheffield and a wit
ness called to establish the simple fact
that the alleged offense had been COM
mitted at Fort Douglas Sergeant
Graft was called and testified that he
was witness to the shooting and that
it occurred within the boundaries of
the reservation. On the motion of At
torney Varian the court instructed the
jury to bring in a verdict of acquittal
on the ground that the territorial court
had no jurisdiction, and the jury acted
accordingly. Assistant District Attor-
ney Howat then moved for the dismiss
sal of the case Of the people of the ter
ritory of Utah against Lieutenant Buck
wherein the same point. that of juris-
diction, was involved and it was so
ordered.
Everybody thought this would end
the matter and most people were con-
siderably surprised when Assistant
District Attorney Howat came forward
with a new grand jury Indictment for
murder against the three defendants
under the laws of the United States.
Sergeant Linse was told to come for
ward and plead He entered a special
plea of fromer acquittal and also a
plea of not guilty, to which the prose
cution entered a demurrer, Judge
Howat saying:
Now comes the United States and
demurs to the special plea interposed
to the indictment because said plea
shows upon it's face that the defendant
has not been tried for the offense
charged in the Indictment by any court
having jurisdiction of the said offense
and that the general court-martial
which tried the defendants for the act
upon which the indictment is founded
had no Jurisdiction or authority to try
him for the crime charged in the in
dictment and the trial and acquittal
of the defendant by the general court
martial is no bar to the trial of the
defendant upon this Indictment
His honor sustained the demurrer
and counsel for the defendants took
exception.
Judge Zane pointed out that the in
dictment returned by the grand jury
charged murder, which was the unlaw-
full killing of a human being with mall
ice aforethought, whereas manslaugh-
ter was the killing of man without
malice, in a sudden heat of passion.
They were two different offenses.
In time of war a, court-martiaI would
have, he said, jurisdiction over both,
but in time of peace it would not have
Jurisdiction at all in q case of murder
Mr.. Varian said they understood the
other day, upon his honor's ruling in
this case, that the plea Of fromer ac-
quittal by the cOurt-martial would be
good in bar to this prosecution; but
the judge replied that he did not so
decide, and then stated expressly that
the court-martial had no Jurisdiction
to try the defendants under the United
States law; and therefore they would
have to stand trial now under the in
dictment for murder. Under the
United States laws there is no such
offense as murder in the first or second
degree, but simply murder or man
slaughter.
Linse and Sheffield then entered pleas
of not guilty.
Lieutenant Buck did not plead, but
counsel made arguments on his behalf
and Attorney Howat stated that the
prosecution admitted that his case was
entirely different from that of the other
two, but at the same time he did not
feel authorized to consent to a dis
missal.
The bonds of the three defendants
were fixed at $1,000 each. which they
gave.
Attorney Varian said he desired a
speedy hearing in the case of Lieuten-
ant Buck, and his honor set Thursday
next for that purpose. No date was
set for the trial of Linse and Sheffield.
The prosecution was represented by
Assistan District Attorney Howat, and
the defense by Attorneys Varian and
r. w. Young.