Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-07
lots OFUORKTODAY
o,,zrn,s NOTION /, oyERnuLED.



rbis, Iu.li,c Merritt took his seat on
..,.estbp Third district court an
' Do the usual timo for opening
n,.' ,,.rpiBs. in order 10 dispose oil 'h'
,n Allen hablas corpus case,
.',..y.aranecment had gone over
r'..tgrl,y. 10 Will be remembered
,..tipst.urJny's NEWS, that toe
.atspt-a man OF o0lor-waa TO-
,.ity Judge Merritt on that uay on
80. e.raus proceedings but rc-ar-
,.I immediately afterwards by Cap
,t, u.u8vau, OF the city police force,
charge Of assault, nllegoi TO have
~, committed pt ogden. ltwas lu'
sthtmat the socoud attempt to oD'
,..r tlen's release was made.
In bo petition i1r the additional
am was spt forth by the Defendants
c,up.sl. Judge Power, that his client
~,. bgIBg uulawmlly helIi that tnc
.r--.o Of assault made against the
,.,iIegsr 90 Ogden was q mere subler-
md, and made solely for the purpose
sf,gaIins the law. 10 was further
,,imcI That the ordinance; OF the city
o,Oricn which Allen was charged
vtb violating were null and void, and
had never been published, a. tho law
rguIfrs. That they could noti tnciu'
H.. aaHH d n
T1p chief OF police made verbal
return. aud oct up the complaint hltu
atOgarn, and upon which Allen was
arrested the second time.
Judge Powers now called Chiui or
Police Davenport OF Ogden VINO tlf'l-
gpi that hc r0ceivtd 3 telephone mot'
aro from Salt Lake on Friday 70 the
effect that hnbeas corpus proceeding
he'd boon instituted IN ALIENS case
and that the man was likely 10 GET on,
no thrrtupou illud the complaint ~
Ogden Tor the purpose oi having MN
held,
itwau shown next by the evidence
OF Detective Sheets that o. reward %.
500 had been offered Tor Alone arrest
by the authorities Of Kansas CITY, anu
sheets did not deny having said that
% they could got the defendant 90
kuuaas CITY that was all they cared
Tor him.
Attorney Van Horn, on tho part Of
The rlllccrs, assured the court that thiH
was no tumpcd.up case, ns hal been
ALLEGED, and said the intention was that
be- should have bona lido hearing.
Judge Merritt was OF opinion that
thiB second charge haI hcen made
umply with tho Oulcct oi holding She
accused, and remarked that any man,
even though oolorUd, poor and humble
had just the same right 20 fair play ~
millionaire. His honor told Allen ho
wns now "a free man, Aud further TO-
minded the olloogs that there must u0l
10 any arrest again made on the hoor OF
the court building. H. uii not, how
ever, believe that the officer who re-
arrested Allen ON Saturday intended
any disrespect 10 tho court. There wa
proper way by which they coull
nrTest, N necosBary and that was uudeI
the fugitive act,
Allen was soon out OF sight OF
hearing tho order OF tho cOuri, hu
the officers woro determined not 4
be- Outd0ue anu went out immcdIutoll
iu search OF him. After short tim,
he WAS seen 10 board an East Watcrl0,
car, anu upon this lively chase Uu
sued. Allen jumped on and mndl
tracks ln another direction. Evontuulll
city Detective Adam Paul came ur
with him, but even then heBitatod q
hold the man, fearing on Hscuu,
thoughts that ho might get iuu
trouble for contempt Of o0ur. Tnul
two Ogden uiliCguB--one Of whom wal
CITY Marshal Davenport tool
turn and continued 20 shade "
Allen pending tho completion o
arrangements for eWennug out
warrant Oi Arrest againBt the BusprC
under the fugitive law. Ia the moan
time Captain Donovan was in con
tuilau0u with attorneys ns 10 this step
Tho following telegram has been re-
celyed from the police nuthurlliua "a
Kansas Clty' "ll8ld 'Burp at al
boards. Onlcor McGOwgn on tn
road with papeH,"
The otllcor Is expected 10 arrive hor
tonight bringing with him the photo
gragh Of the person wanted.
Judge Powers informed NEW
representative this afternoon that %
Wall now have another try for Allen
and ho thipGs some Onu will get int
very hot water before the affair
inally wound up.
REsrRAISING ORDER DISSOLVED.
In tba case Of B1untlul CITY y
Joseph fufkins, watermasler, the ten
plrary restraining order nvret0iOr
lsaugl, was now dissolved by Juug
Merritt his honor having taHen "a
application under adyisument cline
las. Friday.
BLAZER DIDN'T SUCCEED.
The motion to discharge the order d
arrest and reduce the bond ia GA
damage suit brought by Fred H.. NJ,
Gurria against j. B. Blazer, argued %
Saturday last, was duuied. rms is Oh
nov wen known Ca8u In which, uurlu
llt hearing VI an action recently
dutlcu Whltehornia court, Blag,
struck McGurrin Ia the mouth an
deprived him Of histcoth.
DECREE or DIVORCE.
The report and findings Of foiert
Commissioner Harmed Pratt, boiOl
whom was recently taken the tcBi
mouy In tie divorce suit OF Mar
hHlgh va Arthur HAigh wore tubml
Tea ami confirmed, tho prayer OF a
petitioner being granted ami deer,
entered Ia accordance lhurpwith, ma
complaint was based ON tho ground
etleiiy and failure 10 provide.
10 nE TRIED THURSDAY.