Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-09
CRIMINAL CALENDAR,
,,,, gr,lt,s Final Opinion on The
Alien Hlbsas Corpus Natter
rnr PRISONER is STILL HELD.
roo,le D,orce.--sent to tue Reform
schooI.-Fi,e Years for
March Mckinney

RI. hearing Of the divorce suit OF
T. Henderson W David Hender'
w.stbe hrst thing on the card In
Cblst Justice Merfiips court this morn
~. the grounds on which the com
10y Is,nt vss laid being desertlon and
allure to support.
i,J,e Cochrane appeared for the
.i.,,ua who Is apparently ABOUT 2o
years oiage' ..,, T.. r..,.
The parties were married In Tooele
..nr,y on December 10th, 1855, and
,bsr are two children, aged respective
,,.r years aud IS months. Mr.. and
a.. henderson afterwards resided
near Mercer. IN the same county, the
d,,.pdapt being miner and capable
N, earning, II was stated, 81 per day.
4, March, 1898, Henderson deserted
hi, vile ami has since Contributed
sotblug towards her maintenance, aud
,b,ba, been dependent upon her rela.
lives.
ave Inc plaintin the custody VI the
s9iIifep. restored 10 her her maiden
p,nr Of Oracle l.. Clegg, and allowed
,Umony % the rate Oi $50 per month
mill Inc mtlhor order 0f the court, n
ioial sum OF $500 having been asked
'0E
JuuuE MERRITT TIRED OF N.
Fsr the third time, the Charles
Allen habtRs corpus matter was next
brsutbt under the notice Of Chief
Ju,tice Merritt, by Judge Powers; but
ON thls occasion II was disposed OF In
lea than five minutes. CITY Attorney
Whipplo lOi Ogden was 10 have been
present., but did not arrive from Ogden
until the talk was over.
Judge Powers briefly reviewed the
rf1ausliugs previously hai, stating
tbnt the warrant on which Allen hal
teen held Tor tho third time was idun.
ucal with those upon which the
court hal already twice ruled anu
discharged the defendant Counsel
rrusumc1 that II was not now nvcos-
.sfy Tor him TO INTRODUCES evidence
spain, and remarked that thOto who
were FWOTn u execute thU law ought
not themselves 10 be the viOlatofs OF 1t.
While the statute provided legal
c1ufuc for holding this man, there had
been a constant violation Of the
law ever siuue Ailen's frat discharge
By his honor. ho was Illegally held
now. and it aurmod that this legal de.
paf,mcnts aud the Ollie of both cities
were In the bwim 20 deprive the man
of his uberty--t0 hold him by souu
h0cus pocus means instead Of under
tho fugitive acl, though he Understood
that "A warrant under that law was
now out against him.
Judge Merritt expressed n hopo that
this was the last he would hear Of these
habeas corpus motions.
Judge pOwefs--l shall have 10 take
thvm up n this man 10 illegally hold
again, your honor. IL IA not my fault
hut tho fault Of the officers who have
uisobeyed the law,
Judge Merritt am utterly ~.
founded at the proceedings that have
been taken In this case by the legal
advisers anu officers Of the two citios.
10 has been wholly without law.
Attorney Eichn0r (fislngl-I was
called IN at the eleventh hour, your
honor.
Judge Merriil-No reflection on you,
air.
Attorney Eiohnor-l don'I belong 10
the city.
Judge Merrill-Then don't say any.
thing (LAughterl
Attorney EiChuoT-The u, s. mar
shAl ugw holds the warrant under
tue fugitive act Tor this mans arrest.
Judge McrrItt-lt has been very
foolish proceeding ON the part Of the
police authorities OF the two cities.
now discharge this man, but the
United States marshal Uan OF course
arrest him under the fugitive act.
Allen was at once te-laken by
Deputy MAfshAl BOman Cannon, who
was IN waiting Tor that purpose, tho
fugitive warrant having been Issued
several days ago By Commissioner
Pratt
There was large attendance OF
col0ted folk present Ia court, ana thoy
crowded alphabetically around the
prisoner as no was removed from the
room. Allen will be taken before
Commissioner Pratt Mt a later period.
He's now In safe keeping IN the penn
tButary,
The officer from Kansas CITY will
arrive AZ $3.50 this afternoon, bringing
Tgquisilion and other pagers.
SENT TO THE REFORM SCHOOL.
William Walquist, respectable.
looking boy OF sixteen, Withdrew his
former plea Of not guilty 10 u charge OF
burglary ut the stoTe-TOom OF Joshua
Is. Bean, Of the Tenth ward, on Janu.
Hfy 20th, aud on the advice OF hi,
attorney frank Pierce) plead guilty,
The olense appeared 10 Dc Of an insig'
hihcant character. rha defendant
sud two other boys were returning
from fife on the night In question,
and opened the store door with the
Intention Of taking few gunny sAcKs;
uut they did nos accomplish theiI
object.
His honor gave the lad some good
advice as TO his future conduct and
committed him 10 tins Reform school
WnlqulApH companions, two smaller
boys than h., named James Smith
Tor Fred SpenCeT) aud Day,
Hughes, we're then arraigned
charged with being concerned in the
burglary, and On the counsel OF theil
attorney Judge GoOdwiu) entered q
plea Of not guilty. The case will b,
IHed on a special yoniro OF Jurors
next Monday.
A PARK CITY CASE.
The case Of Charles O'Nelll, charged
with manslaughter At Park CITY, wal
on the request Of Judge Powers, hii
attorney, continued for the Term.