Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-23
Judge Howell Holds That They
Were Not Guilty Of Murder
DADY GETS NINETY DAYS.
Railroad Man Robbed Of s2O5, Cheek
For sos aud Other ysiuabl es-
Au Attempted Robbery
Especial to the 'News.')

ogden. Utah June 23--Judge Howell
decided this morning that Ira Thomp-
son and Halliday Thompson, his son,
are not guilty Of numbering William
McGee, and he ordered their discharge
from custody.
The further hearing at the prelimi-
nary examination was resumed this
morning. on Friday last, II. II. McMll-
Ian, attorney for the defense, objected
TO the Introduction Of the testimony Of
Halliday Thompson as given at the cor
oners inquest. Judge Howell oyerruled
the objection, and County-Atty. Has
version read the testimony, and brought
the case TO "A close for the prosecution
Atty Mcmillan then arose and as6ed
that both defendants be discharged
from custody He argued that the state
had failed to prove any OF the elements
OF the crime charged. The court took
the same view. Judge Howell held that
a public offsnse had not been commit
ted and there was no probable cause
to believe the defendants guilty Of muir
der He said that the first shot was
fired TO protect the father of young
Thompson, and the second shot. which
was the one that proved fatal was 6r-
ed In self-defense. as at that time Nc
Gee was in the act OF attacking the
boy
After the court rendered his decls-
sion, Atty. HaNerson stated that he
proposed to take some action against
= . k., nj ia "a hn
templates filing an information against
them charging murder. Up TO a late
hour this afternoon nothing had been
done In the matter and the Thompsons
were breathing the air Of freedom and
receiving the congratulations Of their
friends.
AN ATTEMPTED ROBBERY.
Joseph b. Frye was arrested here by
the police for an attempt to rob one
ID, G. Shurtz, The two men got to-
gether Saturday night, Frye represent
Ing himself TO be a mining man. The
two went around town together until
about midnight when Frye preached
Shurtz for a loan OF s.. The latter re-
fused TO lend the money, whereupon
Frye Knocked him down and attempt
ed to rob him. Shurtz broke away from
the fellow but Frye followed him and
made a second attack. Shurtz sue
ceeded In calling a policeman and Frye
was placed under arrest, The county
attorney Is now engaged In drawing up
a complaint against the man.
DADY GIVEN 30 DAYS.
j. II. Dady who was convicted on
Tuesday OF assault and battery and
Insulting little girls was brought be-
fore Judge Howell this morning for
sentence, Without wasting words on
the fellow. Judge Howell gave him 80
days In the county Jail.
BURGLARY CASE CONTINUED.
on motion OF the defendants attor-
ney, II. II. Mcmillan, the case against
j. Callahan, charged with burglary,
was continued until Thursday at p.
IN.
ROBBERS BIG HAUL.
w c. Wheeler, a passenger brakeman
on the Oregon Short Line, running be-
tween here and Salt Lake, was robbed
last night while sleeping In a car In the
union depot yards The robber or rob-
beers, we're very cool and deliberate In
their work and completely cleaned
Wheeler's pockets out. He was robbed
Of a silver watch, two purses contain
Ing S2O5 In cash, draft on McCor-
hicks bank in favor Of @. w. Jones for
SlQj, a gold chain and locket valued at
SO, a pair Of shoes, knife and other
articles. The robbery was at once re-
ported TO the police but as yet they
have discovered absolutely no clue as to
the whereabouts Of either the robbers
or the plumber.