Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-05-27
MOST EXTRAORDINARY CASE.
Fugitive from Justice Worked Upon
Credulity Of Missouri Public
With Decided Success.
WAS TOO RIDICULOUS FOR WORDS
Alleged That There Can be No Justice
For Nom MOrmOns in Utah, and
Cites Mortenscn Murder.

Sheriff c. Frank Emery ard Asst.
County Atty }. J, Whitaker returned
last night from Chnlicothe, Mo, where
they went after Sherman Stansbury,
who Is wanted here upon the charge
of mayhem committed In his saloon IN
this city on April 4 upon the person
Of j. w. Burnham, whose eye was
Kicked out by Stansbury IN fight
The two Salt Lake officials made a
determined fight to bring Stansbury
back with them but they were unsuc-
c,ssful, owing TO a gross misreprescn-
iatiou of the conditions which exist
here as made TO the Judge OF the pro-
bate court there by Stansburys petit
ton and his attorney, resulting in the
prisoner being released under a writ
of habcas corpus.
To a person who is acquainted with
conditions here the statements made
Ina Stansburys petition ana also by his
attorney are absolutely ridiculous and
without the least semblance to the
truth Not only did his misrepreseuta-
tions occur In the court proceedings but
the papers Of that city commented and
enlarged upon them and congratulated
Stnnsbury upon his release and his
escape from being brought back to this
city among the Mormons to be tried,
as Mlssourian could not get justice
out there"
The petition upon which Stansbury
was released charges that "a non-"Mor-
! mon has absolutely no show FOR Jus
! ice out here and cites as an instance
| the arrest conviction and execution Of
| Potter MnutgncEn "A Ia ttr la,
the petition and so stated by the at
torney m his argument and repeated
| IN the papers, was a Gentle and was
arrested tried, convicted and shot on
revelation or dream Of an old Nor
mon, The petition also recites that
the courts, officers and juries Of Salt
Lake are either "MormOns' or under
Mormon Influence and Gentle has
no show with them
The sheriff and assistant county at
toruey brought copy OF the petition
with them and also copy of one Of the
daily papers there with an account of
the proceedings. The paragraph re-
laung TO the Mortensen case is not at.
tachcd to the copy OF the petition given
the Salt Lake officials, but both say that
II was In the original petition and fur
Their than that the papers OF that place
printed IL i'm their account Of the ha-
hfhH NulpuS proceedings,
Following Is the paragraph of the ne.
tltion which charges that all the Off
cials here are under the influence OF
"Mymons:"
"You petitioner AYERS that the eff
GERS courts and juries OF Salt Lake are
either MormonS or under Mormon
influence and that ~ Gentle has abb
solutely no show with them. That the
said j w. Burnham Is Of Mormon
family and the said chief OF police was
appointed by Mormon influence and
Is absolutely controlled by them and
that Notwithstanding the fact that IN.
said fight between Burnham and petit
toner was the only serious difficulty
that took place in petitioners place OF
business and that many fights occurred
I'm the saloon across the street from Pc
tltioner's. which was owned and run by
'Mormons, yet the said chief OF police
recommended the granting OF the Nor
mons license and the rejection Of Pc
titioner's license"
Both OF the county officials declare
that II was a mere matter Of prejudice
cnused by such allegations as the above
IN the petition ana IN the argument OF
Stansbury's attorney which caused the
prisoners release. The requisition pa.
pers had been passed upon by tho at
torney general Of Missouri and declared
TO be perfect In every respect and the
governor Of the state had given the OF.
ficers his warrant Tor the return OF the
prisoner TO this state, but notwith.
standing these facts, Probate Judge
Umphalbaugh released Staushury ON
the ground that he was not fugitive
from justice
The Salt Lake officers at once took
the matter m to tho circuit court and
q writ Of cortiamri was ISSUED by judge
Alexander commanding the lower court
"a certify all the proceedings I'm the
case up 20 him for rovieW. The mat
ter was set for hearing before him On
last Monday morning, but at that time
he decided that the statutes Of the state
forbid him from hearing such proceed
ings In chamber and he would have
10 wait until his court sat I'm Livlngs-
ton county I'm next September Judge
Alexander stated that the proceedings
taken by Judge UmphalhouCh were
very extraordinary and intimatod that
they would be set aside II the Utah of.
tclalS could get the matter before him
I'm open court
After St3nsbury was released he I'M
medlatcly loft the city and when the
writ Of certorar was secured by Shcr-
iH Elmer. n hunt was made for the
man. but he could not be found. So 70
IS very probable that had the sheriff
won w the circuit court he would never
have found Stan7bury. Another matter
which did not look worry good 20 the
utah officials was tho fact that STAINS.
bury and Judge Umphalb0uph are re.
lated TO each other by marriage.