The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-12-05
COURT OPENS AT BEAVER
Arguments on the Nichols alias "Tex''
Habeas Corpns Case.
The Grand and Petit Jurors are Impan-
eIed and Are the Best in
Many Years.

Beaver, Utah, Dec. Especial. 1.-The
Second judicial district court, Deem
Der term, opened this morning with
full attendance. The panel of the
grand jury subpoenaed on open
venire by Marshals McGarry and
Lowe presented quite a different ap-
pearance in their personnel than any
other grand jury that have been called
together here for many years. Among
the number were such men as Hon.
John r. Murdoch and Hon. w. p.
Sargent member of the last legisla-
ture from Panguitch, the former be-
ing there for the first time in twenty
five years, and it is we'll that such
jury was gathered, as there are cases
that will be submitted to them which
have been disregarded heretofore or
could not be agreed upon by other
grand juries. The judges charge was
unusually able and pointed, giving gem
eral satisfaction.
The petit jury was called and accept
ed, and in the afternoon the cases were
set for trial, after which Attorney s.
A. Kenner presented the following Pc
tition for a writ of habeas corpus,
which he supported in an argument of
some length, followed by Attorney S.
r. Thurman in opposition to the petit
ton, and Attorney j. w. Christian for
it. The matter will be further argued
tomorrow. It creates considerable in
terest here where the case was tried
and where the feeling against Nichols
(alias Tex is still very bitter.
THE WRIT OF HABEAS CORPUS.
The following is the full text of the
writ of habeas corpus:
The applicant, Wade Nicholas, your
petitioner, respectfully shows to your
honor that he is unlawfully imprisoned
and detained, confined and restrained,
of his liberty by Nat NJ. Brigham,
United States marshal for Utah ter
ritory, at Salt Lake city, territory of
Utah.
That said Imprisonment, detention.
confinement and restraint are Illegal
and that the illegality thereof con-
sists in this, to-wit:
On the goth of Sept, 1892, your pc
titioner was arraigned for trial before
the Second judicial district court of
Utah territory upon an indictment for
murder, at a regular term of said
court begun and held at Beaver city,
Beaver county, Utah, and on the oath
day of Sept. 1892, it was ordered, adj
Judged and decreed," by the judge of
said court, that your petitioner was
guilty of the crime of murder and that
he be punished by imprisonment in
the penitentiary of the territory of
Utah for the term of twenty-five
years. without any reference to or rec
lord of any verdict found by jury of
said court, or anything to show that
jury had expressly or otherwise
found against your petitioner upon any
issue whatever, as now fully appears
from the certified copy of the record,
trial and proceedings had in said dis
trict court. which is herewith attach
ed and made part of this petition and
marked as exhibit "a" Neither does
lit appear by verdict of what degree of
crime included in the indictment, your
petitioner was convicted or that he
was convicted of any crime whatever,
or that any verdict was returned into
said court.
And your petitioner states upon his
information and belief that no judg-
ment, of conviction can be proven I'M
less a, Jury has returned into court a
verdict against the party sentenced,
lconvicting such party upon the issue
and such verdict is recorded on the
record of the court, and that said
! judgement sentencing your petitioner
! is void, because the court has no
power to decree a judgment of convic-
| ton, and that all of the proceedings,
as evidenced by said exhibit "a upon
\ the part of the court in the sentenc-
ling of your petitioner to the peniten-
tiary for twenty-five years are void.
| Wherefore your petitioner prays
that writ of habeas corpus be
granted, directed to said United States
marshal, Nat M. Brigham, command
ling him to have the body of Wade
Nichols alias "Tex" before your honor
at a time and place therein to be
specified, to do and receive what shall
then and there be considered by your
honor concerning him, together with
| the time and cause of his detention
and said writ, and that he be restored
| to his liberty.
WADE NICHOLAS,
JOHN WARD CHRISTIAN,
S. A. KENNER.
| Attorneys for petitioner.