Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-05-24
Petition Of C. |. Maxwell, Under l8
Years Sentence.
WRIT OF HABEAs CORPUS.
Claim. pse should Have riccn Indicted
BY Grand Jury and Tried by
Twelve Persons.

Tho petition Of c. l.. Maxwell. state
prison convict. for writ OF habcas cor
pus. was argued before the Supreme
court this afternoon. Attorney !. W. ~.
whitccotton appearing In pyhnif OF the
petitioner and Attorney General bishop
ana his assistant Mr. Loo. representing
tho State.
Maxwell was convicted Of robbery IN
the Fourth judicial district last scptcm-
Der and sontenccd to eighteen years In
the State prison. In his petition he
claims that he l. unlawfully Imprisoned
by the state aud that the iilcgaliiy OF
his Imprisonment consists IN tho violn-
iion of three rights. guaranteed to him
b. the Conatituilon Of the United
States.
Holding him upon n charge OF felony.
otherwise than upon an Indictment by
a grand jury, he says. H. contrary to-
article 8. and section OF article II OF
the amendments 10 the United States
Constitution.
Trying HIN before jury OF eight per-
sons instead Of twelve, and upon a vcr-
diet OF guilty by hnch Jury pronounce
INK JUDGMENT against him. he says. II
IN violation OF article g OF the amend
inents 10 the Constitution also of sec.
iion 1 and article H.
Counsel for both petitioner and State
have prepared very elaborate briefs on
the question. Mr. Whltecotton directs
the courts attention 10 the history 81
the iith amendment a. IL was presented
before the United states senate In
committee Or the whole and the speech
oi senator Howard In relation thereto.
lie does not contend that tho language
- ~
legislative body should b. taken nA
absolutely conclusive upon the question
of the intent Of the Legislature. SIN
he thinks that senator Howard In his
speech pointed out the evils sought To
be- remcdicd. Counsel admits that h.
has been unable 10 nnd any decision cf
the United state. supreme court bear
Ing directly upon thu question. but says
there are some very furclhle arguments
IN favor NJ hiH position In two dissent
inr opinions Ia the case of O'Ncii VI
Vermont. iN q. X. as.
lettering to the right ~ trial by
Jury " twelve persons. Sir. Whitccotton
says that " Il II not Fundamental
right that belongs 60 every citizen ~
difficult 60 discover right that can
claim that distinction. Continuing
Mr.. WhltOrptton says
The verdict OF Jury IN the trial OF
the seven bishops. carried morn con.
sternation TO the heart 81 James the
second ~ England. than the failure Of
any ana all his other measures 81 at
tempted lawierrnera. That verdict was
n new Declaration OF Independence
along the ilncn ~ Magma Charta, and
ought Ia Do hailed In every are ~ q
new Inspiration 10 the people. to keep
alive an Institution that has 40 many
times been their last bulwark against
a rising tyranny. when that desplc-
able tyrant heard the triumphant shout
OF tho people on learning the verdict Of
that same Jury he asked. What II
thatT II II nothing was the reply.
only the soldiers are glad that the
bishops aW acquitted DO you call
that nothinEf grumblcl the King. lie
saw IN It death 20 his attempts to
triumph upon the righi ~ the people.
Other arguments were advanced by
Attorney Whittccntton and h. conclul.
"a this afternoon by contendlnE that
Maxwell, upon the grounds vet forth,
ought a. be- restored To his liberty.
Attorney General lilahop took the po-
Hitiou that the reasons assigned by pc
utloncr Tor bis release have been fully
covered by the decision recently rrn-
dered by the supreme Court In the petit
ton for writ haneaH corpus made BY
James Mckee.
- the conclusion 81 the arguments
the court took the matter under advise
mrnt