Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-18
THEY MUST ANSWER.
Ligs', Sh,nld and BrCl lob Ir.tJ
Tor Murder
mrm COUNSEL WE'RE SURPRISED


rnccurs Of Sergeant L'nsc, Private
5h,nigd, aud Lieutenant Buck, iu
connection with tho late tragedy nt
ForJ D0uglas, In which Joe Leonard
l,st his lite, were called up Ina Judge
Itnls cIugi this mofHiag iu order that
tho facts might be- formally submitted
10 jury cmpiuriuI i1rthai purpose
and their verdict given. Tao iIil text
ut the ruling OF the chici ius.,Uu upon
tho domurrob in,crpysud by counsel
Ia THE matter was rvplHei boa iast
lhuulay's NEWS, AMI &c was upon the
outcome Of tnat that the cases wuFo
now brought up.
Tbs persecution was again ropre.
srnicd by Afis,An; District Attorney
HoWai Attorneys NsrIau aui II. W.
Young appeared Tor the defendants,
Dpch 20. whom was present.
Judge H,ne, /, viii bo remembered,
sustained thu demurrer vi the dc.uut.
anti counsel &, tho indictment under
the Territorial statutes charging muir
der IN the second degree, aud when
tic jury had been sworn tnis morning
10 establish the simple tact that the
alleged 0ilUnso was committed within
the Fort Douglas military reservation.
Sergeant Grail was called and
testified that lac saw the shooting Of
Leonard. Il occurred within the COM
iiuus Of the reservation named.
Attorney VRriau theFrupon asked
thas the jury DO Instructed 10 return
yorllu, % ayquittai, on the grounds
that the Territorial court lacked iuris-
dioiOu. 'lbe court ~ directed the
jury, and they acted accordingly, thus
d.6posing u tue question OF tho oour.'s
Jurisdiction.
Judge Hownt-In view o. the hclI.
Ing OF the court on tins question
Wish 10 dismiss the case HyaIusl the
defendant Buck, wherein tue SAINT
4 lat is lnvoIvri.
Attorney Ngrlan-It ought 70 bo
dismlsseu. We were going O. ask 80.
We afe ready 10 plead now ~ thu
United States indictment.
l. euteuHut Linse was then told 10
come lJrwHri. He entered spugiai
Plea OF former gCquittul, ana also q
plea OF not gully, 10 which the prose.
CutiUu iuirfpostd "a demurrer, Judge
Howat saying--NOw comes the United
States anu uemufs 90 tho special plea
iutefpOscl 10 the Indictment because
said plea shows upon It, iAco that tue
Defendant has mot been TILED Tor the
Oilruse charged Ia tue indictment by
any court having Jurisdiction VI the
snld uileuEe, Aud that the general couri.
martial which trleu tho defendants Tor
the act upon which this indictment lie
founded had no jurisdiction or author.
ity 10 try him lJr the crime
charged IN the Indictment, aud
the trial and acquiltal OF the lie.
lendant by the general court martial
Is no lar 10 the irlal OF tho defendant
upon tnis indictment.
TIE court sustained this.
Counsel for the defendants took ex.
ccption, whuIeupOu Judge Zane |
pointed out that tho Indictment 10. |
turned by the grand jury cnargud
murder which was the unlawful Xiii. |
ing OF human being with malice |
aiOtethought, whereas granddaughter |
wEs the killing OF peron without |
malice, In "a sudden heat OF passion.
They were two different 0nonues. la
time Of wErA oJur, martial would have, |
no said, Jurisdiction over bsth, but in |
time OF peace Il would not have juris. |
diCtiOI Il al Ia case Oi murder.
Mr.. NG.iau slid they undgrbto0d tho |
other day, upon MS h0nOra ruling In |
this case, that the plea OF former &c. |
N.N b. al H.N
good In bar To this ufOsrUutiou; but the |
Judge rcplio' that uo dld not ~ decide. |
lilo then stated expressly that the |
court.martinl mai no Jurbdiction 10 try |
che defendants under the United |
states law; aud therefore they would |
have to stand trial now under the In.
diclmont Tor murder.
Two out OF toe three defendants.
namely, Lime ami Snrnisld, were |
then grtnigned anu entered pleAs OF /
not guilty. Lieut. Buck Odd not plead
today.
Juugo HowAL after hearing
counsel Tor thu deionss in
regard 10 Lieutenant Buck, while
stating that mo- did not ltel uulhof,zpu
a. dismiss the case a- against that ur.
ieutanJ admitted that II was au ON.
tirely different ouu from the other two.
Attorney NarlHn WIS glad 20 hear
This from tho prosecuting counsel, ana
pointed Uul that In Lieut.. Buckle casr.
ior certain reasons, no desired d speedy |
hearing,
~ waa then arranged that his trial
should be- tAkeu up before Judge Zane
ON Thursday nuNli ~ 10 tue Othefn no
was made.
Tins bond Of tbs three defendants
WAS liked ut $1,000 each.