The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-12-12
lsnecia1 10 INC HeraldN

q ELPEIt, Dec. ll.-AL lU-oJ last
ri night Attorney Elder was in Jail.
AT 1880 this morning he finished
his part in an unsuccessful effort to
set another man out of jail. The man
S. William r. Lewis, secretary of the
union here. Lewis was complained
against. arrested and convicted of va
Erancy here. Dec. Z. The complaint
charged va~rancy and was based on
alleged dissolute habits. Lewis and
William MarineE were convicted on
the same charge the same day. Mari
pelii being charged with having no
visible means OF support and not
working. Lewis. according to NJ. p.
Branet. who prosecuted. was working
I'm the mines until the strike, when he
went out.
Are Both Strikers
The mine book of The Winter Quar-
tors mine shows that MarinclH worked
at Winter Quarters until the strike
was declared. when he quit. Mari
nelli is accused by company guards
OF iecriug a a miner who was injured
Whiie at work.
Lewis. according To The mine book.
left work az Winter Quarters when the
etrikea occurred. The men waived
Ajury trial. according to the record. and
L.rIM INl dlLOLLeN<. lAl the Ol-lIElr say
the prisoners were given chance TO
secure counsel Both were sentenced
10 twenty DAYS i'm the Price Jail. Lewis
was taken down 20 Price Tuesday and
+. Marinelu yesterday.
An Appeal Perfected.
Attorneys King. Fowler and Elder
perfected an appeal this morning aft
or another warm legal debate, Braf-
fet opposing The sentences, accord
ing to Bramet. were not alternative.
the men not being given the option OF
paying a fine He argued for bail
of $500. The Lewis case was the one
taken up. I'm the course of his argument
Bramet said, referring to the fact that
the mon were IN jail. IF they come
back here again and aEitate they VIII
be prosecuted again" King argued for
bail nor i'm excess of $50. Braffet con-
tuued 90 stick out for the higher
amount saying IF "a man can't give
> "a bond OF $500 he is almost a vagraut.
That almost cOnvicts him.
Strong Argument.
PTha attorneys for Lewis disputed this
and n Ions argument ON the proper
construction Of the Scodeid vagrancy
ordinance. which follows the langua ge
of the statute. eusued. Judge King
referred DO cases before Judge Diehl
!. of salt Lake, saying bond never
90 his knowledge was for more than
$780, although he got his informa ton
from the newspapers. Justice Bur
. rows said he had an idea that the SEQ
field ordinances fixed it at $500 but
eCiscOvCred this to be an errors as the
ordinances are silent on the subject.
The Justice said he also got his infor-
nation regarding Judge Diehls court
from the newspapers.
Bail Fixed at S75.
ct ann not "a lawyer" said Burrows.
Neither IS Judge Diehl.' interjected
Branet The Salt Lake attorneys stat
pd that Diehl was lawyer and menu
Der OF the supreme court bar Jus
ticc Burrows then said he would not
make the boul the highest or lowest
amount asked. but would hx it at $40.
Branet remarked. Well we will
waive BAIL If you want to turn these
Mn loose. AN right Branet COM
planned az his time being wasted. lat
ar he said ne would not waive bail
end that he would fight the appeal all
ihe way through "I want TO see that
bail bond before these men are turned
loose" De said. ct represent this town
end VIII see about that. We viii eN-
Bmine your bondsmen at o'clock this
Braffet's Threat.
Judge King suggested that the court
. Bculd arrange that matter. IN bet
-FOUR men stay in Jail until Z pass
upon 90. D tell you tGat." rejOined Brat
let "Iu Dee here at o'clock, he said
MS he started to leave The court room
King said as Branet went out: 81
5ont know about that Wen Sc,
whether Mark Braffet and this com
7any run this town Braffet conun-
1cd ON and left the court room. A
rash bond OF S15. Lewis Allant fur
nishinc $40 and Dominica Valerie fur
: nishiug $50 was then secured and TAX
en- 10y Fowler 90 the home Of Justice
Burrows. the justice having left the
court ROOM
Bond Raised to $500.
Justice Burrows refused to accept tho
cash bond. saying he had concluded
that the bond must Doe $500 Justice
burrows added that the county attor-
neg or his representative must pass or
all bonds. and fixed O'Clock this aft
crno0u as the time Tor hearing an
application for bail for Lewis. Messrs
E<ing Elder. and Fowler then gave UI
-hope of securing the release of Levi,
and Marinelli for the present and lef
ScoGeld att 1:2O. Elder says he vii
not return 20 Scoheld until the trouble