The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-29
TRIED A HABEAS CORPUS
THE ALLEGED COLORADO FOR
GERS MAKING A FIGHT.
The Case Taken Up Before Judge
Merritt Yesterday and the Pro-
ceedings Reversed-Continued Till
Monday.

Charles Reiss and G. A Wegeforth;
whose true names are said to be
Drexel and BALI, the fugitive twain
who were intercepted by the sleuths
and lodged in Jail, upon instructions
from Sheriff Burchinell, of Denver,
made an application for their release
on writ of habeas corpus yesterday.
The men, who have been anguish
ing in the lookup since their capture,
began to squirm yesterday morning,
and diSpatching a messenger for Judge
F4iles, We're soon pouring tale of woe
into his $50 ear. A few minutes later
the judges clerk was pounding out an
application for writ of habeas cor
pus, and before noon it had reached
Judge Merritt
The application recited that on
Thursday, April 26, the chief of police,
Arthur Pratt, received, as he alleges,
what purported to be telegram from
the Sheriff or Arapahoe county, Colo
RADIO. instructing him to arrest two
persons without name, but of certain
description, which, in some respects,
answered the description of petition
ers, the same conveying that they
were wanted for forgery. That said
Arthur Pratt holds no warrant or pro-
cess whatever of any court, magis-
authorizing him to imprison or detain
petitioners except the telegram, which
is no process. The petitioners have
waited a reasonable time upon the
authorities of Colorado to move upon
some process, wherefore they asked to
be relea sed.
The writ was issued by Judge Mer-
rift, who made it returnable at
o'clock, before Judge Bartch. At this
hour the prisoners were brought in:
Presently the rotund form of Chief
Pratt appeared, and stepping up to
the captives, a warrant fresh from
Grant Smiths office was served upon
them. The chief, as it subsequently
developed, had taken this means of
plugging up another possible avenue
of escape.
E. B. Critchlow having arrived, the
respondents pleadings were sprung.
Answering the writ the chief re-
cited that on April &c he had received
a telegram from Sheriff Burchinell,
conveying to him a minute descrip-
ton of two men who were wanted by
day, j. R. Slater, of this city, notified
him that the prisoners were accused
of a crime in Pueblo. The Anheuser-
Busch Brewing company, of Pueblo
was communicated with and the sher-
iff of Pueblo county, replying in their
behalf, requested him to hold the fug1-
tives, as they were wanted for forgery
and obtaining money under false pre-
lenses.
Another telegram was received
asking the respondent if the
prisoners would return without a
requisition, and they answered they
would not. That afterwards Denver
was communicated with and he was di-
rected at noon to turn the prisoners
over to the sheriff of Pueblo county
who would start in the evening for Salt
Lake with a requisition. For further
answer affiant believed the petitioners
guilty of various crimes of
forgery in Denver and 9th
er places. that they are fugi-
tives and will be removed in very
short time upon a reQuisition. The fact
that a warrant had. on complaint of
Mr.. Critchlow, issued since the service
of the writ was recited and the prison
ers were now being held by virtue of
that warrant.
Judge Hiles commended that the re-
spondent had produced no authority
whatever for the detention of his eli
ents, who were vigilantly eying every
move in the case, and to the return
upon the writ launched an oral demur-
rer, setting up that it showed nothing
to constitute criminal offense.
Mr. Critchlow replied in behalf of the
chief and the demurrer oVerruled, fur
Their hearing upon the application was
suspended until Monday morning
Meanwhile the Sheriff of Pueblo coun-
ty is gradually reducing the gap be-
tween himself and the prisoners, who
were, in default of bonds, removed to
jail, and the officer will reach Salt Lake
with a requisition tonight
No matter what move is made by the
sheriff, the prisoners have prepared for
upon Monday promises some exciting
situations.