The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-31
PETITION FOR HABEAs CORPUS.
Hayes Makes Another Appeal to the
Supreme Court

Judge Powers, counsel for Harry Hayes
yesterday fled a petition for a writ O!
habeas corpus for Hayes in the state
supreme court The grounds for the Pc
t;tion are the same as those urged by
Judge Powers in the Morris bribery case
viz, that the act of the legislature fixing
the terms of court, the summoning OF
jurors and so forth, was not passed by
the legislature. and is therefore null and
void and consequently Hayes trial and
conviction was without authority of law.
The full text of the petition, which was
signed and sworn to by Hayes. is as
follows:
The petition of Harry Hayes respect
fully shows:
That your prisoner is unlawfully i'm
priSoned, detained. confined and re-
strained of his liberty by the sheriff of
the county of Utah and state of Utah.
in the county Jail of said county and
state at the city of Provo IN said state,
under sentence of death by hanging
which said sentence is to be executed on
the 22nd day OF January, lo5i, and that a
copy of tie warrant of commitment OF
your petitioner is hereby annexed as re-
Quired by statutes of the state of Utah.
That the said Imprisonment, detention,
confinement and restraint are Illegal, and
that the illegality consists IN this. to-wit:
That on the 4th day of December. 1895.
your petitioner was indicted by 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
first degree. and that thereafter your pc
titioner was arraigned and pleaded not
guilty 10 said indictment.
That thereafter and on the 23d day
OF March. 1896. said indictment came on
for trial at the city of Provo, county and
state OF Utah before Hon W. NJ. Nc
Carly. presiding judge. and II men act
ceeded with from day to day until the
1st day of April 1896 when said II men
so as aforesaid acting as a jury, rendered
their verdict in open court finding your
I I srr,apr rr1fft ~
degree.
That thereafter, and on the 9th day
of April. 1886. yodr petitioner moved for
q new trial, which said motion was over
ruled and the court thereupon sentenced
your petitioner to be hanged by the neck
until dead, on the 18th day of June, 1886.
That thereupon your petitioner duly
appealed 10 the supreme court of the
state of Utah. which said court denied
SAID appeal and affirmed the Judgment
OF the court below and remanded said
cause for further proceedings.
That on the 18th day of December. 1896.
the Fourth judicial district court in and
Tor the county OF Utah and state of
Utah. sitting ate Provo City, fixed the
time for the execution of the death SEN
tence upon your petitioner as the 22nd
day CT January, 1897
That the said Fourth judicial district
court which tried your petitioner and
which sentenced your petitioner to death,
was not appointed nor held pursuant to
ms law of the state of Utah. That the |
r.
to-rit: An act entitled IAN act TO pro- |
vide for the fixing of terms of district |
courts. the places of holding said courts |
and the summoning of jurors therein" |
a.a-roved Jan. IA. 1886. is null and void |
in that it was not passed nor adopted as |
required by the constitution of the state /
Of Utah in that said law was not read |
three times in the house of representa-
tives as required by the constitution of |
the state of Utah. and in that it violates
said constitution in this: Said law con-
tains more than one subject. 1t provides
for the fixing of terms of court and ii
also authorizes the several district courts
10 issue open venires TO the sheriffs of
he several counties for the summoning
IF juries. and the subject of said law is
not clearly expressed in its title.
That your petitioner was not tried and
by a lawful jury of u men
IS of right he should have been. That
he said y men summoned and chosen to
~ your petitioner and who did try your
petitioner and who rendered said verdict
hal Your DetitioneS vas guilty of murder