The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-01-04
MARYLAND is TO
STAND A TRIAL
Court Refuses to Dismiss the
Case Against Hin.
MOTION FOR BAIL is DENIED
DEFENDANT URGES THAT HIS
CASE BE DISPOSED OF.

An effort was made yesterday by
friends of Charles 3. MARYLAND, under
arrest on suspicion of being Of I'M
sound mind and charged with attempt
ing to kill his wife. TO secure his re-
lease from the first accusation. Tt
failed, however, through the refusal of
Referee J. L. Eldredge. jr.. to sustain
the motion of w. r. Hutchinson. the
defendants attorney, to dismiss the in
sanity charge when Mr.. MARYLAND ap-
peared in court the second time in the
afternoon to be tried as 10 his mental
capabilities.
A dramatic scene occurred while the
matter of the discharge OF the prisoner
was being discussed by the attorney
and the referee. When it became evil
dent to Mr.. MARYLAND that he was not
going to be discharged and that his
case would proceed no further at that
hearing, he rose from his seat and
asked Referee EIdredge to either give
him his freedom then and there, OF
proceed with the case.
IF I am insane" he said, 81 want
to know it now; if I am not, 1 want
TO be released at once. If am sent
| back 10 the county Jail it is only
question of time before win go
, crazy"
Withdrew Complaint.
The postponed hearing of Mr.. Mark
. land was set for l o'clock yesterday
afternoon. When everything was in
readiness for the proceedings. Samuel
/ S. Deutsch. who swore to the complaint
charsr rne defendant with being of
unsoUnd mind. asked and received per
mission to withdraw his complaint. At
| torney Hutchinson then moved that
/ the charge of insanity against Mr..
4 MARYLAND be dismissed.
/ If the friends of the incarcerated man
I Ill .ao1C from
/ the county Jail on that charge through
that course, they were disappointed
! for Referee Eldredge denied Attorney
/ Hutchinson's motion on the ground
/ that the court still had jurisdiction OF
I the defendant. and ordered the pro-
/ ceedings to continue.
/ At that juncture, Attorney Hutchln-
! son made another move to circumvenf
( the placing OF his client upon trial as
/ to his sanity. He asked that Mr.
/ MARYLAND be released on bail, without
a hearing, that he might be removed
| to private asylum. the evident inten-
ton being to take him to an institution
in Portland. Ore. where he was incar-
! cerated once before.
Bonds Are Refused.
That request was also denied by the
referee. He said he could not release
/ the defendant upon bond until he had
been adjudged insane And further
more he would not as referee, dis
charge or release Mr.. Markland; that
the rights of the public should be taken
into consideration. He said that the
charge had been made against Mr.
| MARYLAND that he is of unsound mind,
and that at the time he could not see
his way clear to turn him loose until
| a competent jury had passed upon his
case and determined whether he was
insane or not; that to release Mr..
/ MARYLAND without q verdict of jury
of physicians as to his mental capaci-
ties would be an injustice TO the pub
lie. which is entitled to protection from
people alleged to be insane.
1t was then that Mr.. MARYLAND asked
that the hearing proceed, and that he
either be acquitted of the charge OF
insanity or be found guilty
I Referee Eldredge then announced thai
he would continue the case until Tues
day afternoon at 1 o'clock to give him
an opportunity to confer with Judge w
c. Hall. who had appointed him referee