Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-12-30
HAYES TRIES AGAIN.
Asks tho Supreme Court to Give
Him Another Trial.
CLAIMS THE LAW TO DE INVALID.
Says the four Was Unlawfully Held,
and Jurors Unlawluliy Drawn
lie Asks Kei, nsc.

Hayes, filed tho following petition for
a writ OF hsheas C rpus, with the clerk
Of the Supreme court toiay; the petit
ton waD signed by Hayes at Provo:
State OF Utah Supreme court.-In
the matter Of the application OF Harry
Hayes for "a writ-of habeas corpus.
70 the Honorable Supreme court OF the
State Of UtahS
The letition OF Harry Hayes re.
speoliully shows:
That your prisoner Ia unlawiully
Imprisoned, detained, confined and
restrained of his liber.y by the sheriff
OF the county of Utah aud State Of
Utah, in the c.uuty jail OF said
county and State, at the city
Of Provo In said Stale, under
sentence OF death by hanging, which
said henteDce is to be executed on the
22nd day OF. January, 1897, and that q
copy OF the warrant II commitment of
your petitioner is hureby annexed ss
required by LEGISLATURES OF ths State OF
U,sn.
That the said Imprisonment, ldeten-
ton, confinement and restraint are
Illegal; and that the illegnlity consists
in thisLo wilt:
That on the An day OF December,
1895, your petitioner WAS indicted Ivy
the grand Jury OF the First judicial
district court In and for The county OF
Utah, Territory Of Utah, and charged
with murder IN the fist degree, and
that thereafter your petitioner was
arraigned ano plead not guilty to said
indictment.
That thereafter and on the 23rd day
Of March, 1896, said indictment came
on for trial ut the CITY u Provo, coun-
~ and State OF Utah bsiore Hon. w.
NJ. McCarty. presiding judge, and
twelve men acting Us Jury. That
said trial was prosecuted WIKI from day
TO day until the let day OF April,
1896, when enio twelve men 30 rs
Aforesaid acting as a Jury, rendered
their verdict In open court, finding
your petitioner guilty OF murder In tue
fist degree.
That thereafter, and on the 9th day
OF April, 1898, your petitioner moved
for "a new trial, which said melton was
overruled anu the court thereupon
sentenced your petitioner to be hanpe Ell
by the neck uDtil dead, on the 19:h
day OF June, 1896.
That thereupon your petitioner duly
appealed 10 the Supreme court o. the
said appeal and affi fined the Judgment
OF tho court below and remanded said
cause for icrther proceedings.
That on the 18th day OF December.
1856. the Fourth Judicial district court
In and for the county of Utah anu
State OF Utah, sitting at Provo City,
f1xeo the time Tor the execution OF the
death sentence upon your petitioner
as the 22nd day OF January, 1897.
That the saia Fourth judicial district
court, which tried your petitioner and
which sentenced your petitioner to
death, was not appointed nor held pur-
tuant to any law Of the State Of
Utah. That the law under which
said court was,,helJ, to.wii: An act en-
titled san act 20 provide Tor the fixing
OF terms OF district courts, the places
OF holding said courts and the sum-
moniDg of jurors therein" approved
Jan. IA, 1886, is null and void In that
It was not parsed nor adopted as re-
quired by the Constitution OF the
state OF Utah, In that said law was
not read three times in the House OF
Represen as required by the
Constitution OF the State Of UtRn, and
In that 1t violates said Consultation in
thit: Said law contains more than
one subject. 1t provides for the fixing
Of terms OF court and IL also authorizes
the several district courts to Issue open
venires to the sheriffs OF the several
counties for the suinmoning Of juries,
aud the subject OF said law IL not
clearly expressed In its title.
That your petitioner was Dot tried
ana convicted by u lawful Jury Of
twelve men as OF right he should have
been. That the said twelve men sum-
moned and chosen TO try your Pc
iitioner and who did try your lpetition-
or and who rendered said verdict that
your petitioner was guilty OF murder
in the first degree, were summoned by
open venire pursuant to said pretended
law, although snid prete nded law had
Deen superseded and repealed 30 far az
the drawing and summoning OF jurors
was concerned, by Ru act entitled, San
act to provide for drawing and sum
moning grand anu petit jurors" APP.
proven March IA, 1886.
That your petitioner was not tried
by lawful Jury. drawn anu SUN.
moned pursuant TO any law OF the
State OF Utah.
| Wherefore your petitioner prays, that
writ OF habeas corpus may be grant
| cd, directed to the sheriff OF Utah
county, State OF Utah, commanding
him to have the body OF Harry Hayes,
your petitioner, before the Supreme
court OF the State OF Utah, at time
and place to be therein specified, to do
ana receive what shall then ana there
DO considered by said Supreme court
| concerning him, ana that he may be-
restored TO his liberty.
HARRY HAYES,
Petitioner.
state Of Utah, H.,
County OF Utah,
Harry Hayes, being first duly
swoyn, says: Toat no is the foregoing
petitioner, and that the facts set forth
In said petition are true.
HARRY HAYES.
Subs cribed and sworn to before me
this 30th day OF December, 1896.
h. Nj. JONES,
County Clerk Utah County,