Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-07
HABEAS CORPUS.
Another Ac. in The Pratt COnttmD
Case Has Commenced.
FULL TEXT OF THE PETITION.
Judge Powers Trying to Obtain The
Release Of the chief Of
Police.

Chief Pratt did not long allow the
gtass 10 grow under his feot alter biz
commlttal yesterday before consulting
an attorney, this stop having been
taken with view oil obtaiuing his
speedy release from the custody VI The
United States mlr.hal. IL was Juft
after 2 O'Clock when Judge Powers
went into Chief Jullios Ncrritps
court and presented PETITION for a
writ OF habeas corpus on behalf Of the
defendant Judge Merritt declined,
however, 10 hear the application, on
TIC ground that tho contempt Tor
which the chief had been punished
was committed in Associate Justice
Harteh's diyeI0n. BItin the event OF
the latter ouiec.ing 10 heaF q, the chief
Justice said he would 10 30 himself.
Upon THE counsel nt once went be-
fore Judge Battch, who issued writ
directing Marshal Brigham 10 bring
the Offending chief into h.s presence ut
10 O'Clock this morning, that the sought
Tor hearing might be mad.
This proceeding served the purpose
Of good advertisement for the gath
eting VI large anu curious crowd In
Judge Bartch's department before the
opening hour this morning. Every
available seat was taken, the space
within the bar was we'll nllud with
bUth attorneys anu outsiders, anu the
arrival Of The presiding judge wnH
eagerly awaited. Judge Powers (wilh
whom WAS Commissioner Harmed
Patl was IN his place on schedule
time; 10 also were District Attorney
Judi and assistant, Judge Howat, In
THERE. The prosecuting attorney
looked serious and stAlsed around rest.
lUssly for some moments before Judge
Powers opened fire.
Chief Pratt walked into the court
room before the brief "hustiiitiCs"
commenced aud held Whispered con-
veftation with his counsel, shook
hanlB With 6BvoTal VI his friends Rnd
then took seat beside Judge Powers.
Everybody reached forward 10 listen
aa Judge Bartoh asked Judge Powers
whether he was really TO proceed with
his case.
The Judge answered In the Rfiifma.
tive and was about 10 read his petition
when up Jumped District Attorney
judd, who asked, In n deep bass voice,
as though the matter was something
quite new 10 him; "What 10 this2"
Judge Powers enlightened him by
replying with n smile! Why, tubs Is a
hearing on the writ OF habeaH corpus.
Judge Judd (asverely III have mai
no notice OF this. l would like 10 have
copy Of the petitl0u-And | would
like 10 have II be.oIe this hearing be.
gins.
Judge Powers remarked that the
assistant district attorney was sitting
In court when tbs writ was gtauted
yesterday.
Judge Judd didn't seem 10 care any.
thing about that fact. what he want
cd, lao said, was copy OF tho petition
ana also time 10 look over II before the
hearing began. 81 do not kuOw,n he
added, "whethet want 10 anBwer,
dumur, or what"
Judge PowoB-Thu return has been
made aud 1 hold Il In my hands now,
Judge BarlGh- The district attorney
has tho right ~ have proper time IN
this matter; II may be taken up at two
O'Clock.
Judge Powers said he had no oblec.
lion TO that, and Judge Judd remarked
that he wanted TO SEQ the petition
when II was perfected,
This latter observation was drawn
forth by abatement by Judge Powers
10 the Court TO the effect that he de-
sired 10 MI Ia u question and answer
put h anu given by Chlef Pratt in the
grand Jury room yesterday, aud which
IN the haste Of preparing the petition
there was not then time 10 Insert.
Judge P0wefs-rhis petition was
read here in open court last svsniug,
in the presence Of the assistant district
attorney, anu this Is a case where three
men have been oOmmiltod without any
authority whatever
Judge Judd-lhat Ia q very broad
statement IN the face OF what occurred
Ia court yesterday,
Judge Powers COMPATIBILITY IL shall
demonstrate 1t beyond the shadow OF a
doubt.
Judge Bsrloh-I. may 90 over til
o'clock.
Judge Judd (eagsrly)-Wen, your
honor, take it that / may have a
COPY OF tho petition and return.
The court assented, aud Judge
Powers, observing the district Attof-
ueY'u uneaslnesa anu rostlessnOss over
the matter, asked with dash VI ear.
casm, M he LEFT tue courtroom to have
a typewrilteu copy made NJ his office
DO you want II this minute2 (Laugh.
teri
ayes, sometime soOn," was the re-
lOinder OF Judge Judd az council
vanished with the original document
through the door.
The ordinary business Of the court
was then taken up.
THE PETITION.
Following IL copy Of tho petition
which (wlth the Teturn) was served
upon tho distrlot attorney by a police
vtiloer-in full uuiiorm-at ll:l0A. M:
TERRIruRY or UTAu.
Third judicial District Court.
In tue matter OF the application for
awrit Of habgas corpus for Arthur
Pratt.
Your petitioner, Arthur Pratt, shows
that ON rhursday, the Oih dsy OF ID
cember, 1894, he was duly summoned
before the grand jury aud sworn and
examined Rs witness, anu In the
course OF said examination he was
asked the following qleslig.;
"Do you know the namo Of the man
and woman mentioned Ia tue ne VS.
paper article hero shown you, pub.
iishod Ia the Salt Lake Daily Tribune