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.
Rsiiroad uan Robbed OF s205, Check
For slO5 aud Other ysiuabl es-
Al 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, H. Il. 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 oyeTruled
the objection, and County-Atty, Has
VERSION read the testimony, and brought
the case 20 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
q 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 Tr-
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
the Thompsons, and Ii Is said he con-
tag a n In 10 finr atf,u .
them charging murder. Up TO 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 d. Frye was arrested here by
the police for an attempt to rob one
ID. c, Shurtz. The two men got to-
gether Saturday night, Frye represent
ms himself TO be 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 10 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
q 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-
ley, II. r.. Mcmillan, the case against
J. Callahan, charged with burglary,
vas continued until Thursday at 2 p.
n.
ROBBERS BIG HAUL.
W, c. Wheeler, passenger brakeman
N the Oregon Short Line, running be-
ween here and Salt Lake, was robbed
ist night while sleeping In a car in the
Mon depot yards. The robber or rob- {
ers, were very cool and deliberate In
heir work and completely cleaned
yheelers pockets out. He was robbed
silver watch two purses contain
lg SOS In cash, draft on McCor.
lexis bank in favor OF @. w. Jones for
100, gold chain and locket valued at
70, q pair Of shoes, knife and other
rticles. The robbery was at once re-
orted to the police but as yet they
ave discovered absolutely no clue as to
he whereabouts Of either the robbers
r the plumber. !