The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-06

Released Again on Habeas Corpus,
Another Charge is Filed
Against Him.
MAKING DESPERATE FIGHT
HELD ON LOCAL WARRANT UN-
TIL NEW PAPERS ARRIVE.

DR.. David P Maxwell. the physician
wanted IN Cleveland, O., on a charge of
performing a criminal operation. was
discharged a second time on a writ Of
habeas corpus by Judge Armstrong
III the district court yesterday. He
was Immediately rearrested by Chief
of Police George A. Sheets on a war
rant charging him with trying to
bride Joseph Bernhardt, the Cleveland
officer who is here to take him back,
and spent last night in the city jail.
When Judge Armstrong discharged
Maxwell Saturday he was at once re-
arrested on a second warrant charging
him with being a fugitive. That same
night, his attorneys, Brigham Clegg
and A. l. HOppaugh, secured a second
writ of habeas returnable before Judge
Armstrong yesterday, and served it at
once.
Accused Of Local Offenses.
Judge Armstrong had held Saturday
that the Ohio TequfSitiOn papers were
defective. In order to hold Maxwell,
therefore, until new requisition papers
could be got, and fearing that Judge
Armstrong would discharge Maxwell
on the second fugitive warrant, the
police caused the issuance of the war
bribery, an offanse which, if committed
at all, was committed in this state.
The bribery warrant was served on
Maxwell Sunday while the second ha-
beas corpus proceeding was pending.
When the case was called yesterday,
County Attorney Farley P. Christen-
sen, representing the Cleveland Off
GERS, virtually admitted that the sec
ond fugitive arrest was illegal, but set
nH
in jail on the bribery charge.
Bribery Arrest Illegal.
Judge Armstrong held that to arrest
Maxwell on the bribery charge while
the habeas corpus action was pending
was Illegal. because Maxwell was viz
tually at that, time in the custody Of
the court. He therefore discharged
him, but announced from the bench
that after his discharge and the con-
clusion of the habeas corpus proceed
ings, there was nothing to prevent his
being arrested on the bribery warrant.
Acting on this suggestion from the
bench, Chief Sheets arrested Dr.. Max
we'll again as soon as he was safely
off the grounds of the city and county
building.
Considerable amusement was afford
ed during the argument of the case by
the fact that County Attorney Chris
Jensen and Chief Sheets told rather
hesitating and conflicting stories about
what happened at the police station
Saturday night when Attorney Clegg
went to demand a copy of the process
i-snder which Maxwell was arrested the
seCond time. The defense was trying
20 prove that a copy of the process had
been refused, and Messrs. Christensen
snd Sheets, testifying in rebuttal, were
apparently uncertain as to what act
ually did happen.
Finally Judge Armstrong remarked
with some sarcasm that the court
would take a recess while these wit
nesses refresh their memories" Court
accordingly took a recess, and Chief
Sheets later went on the stand again,
and gave much more coherent teSti-
mony as to the occurrence. He admit
ted, on cTOss-examination, that his
memory had been refreshed" by Mr.
Christensen during the recess.
Is Making Hard Fight.
DR.. Maxwell is making a desperate
fight for his liberty. It is said that he
is possessed of ample funds, or at
least has wealthy brothers who are
willing to furnish him with money.
He drew on one of his brothers yes
serday for $500, which he expects to
get.
The Cleveland officers assert that Dr.
Maxwell once served a term in the
Ohio penitentiary for an offense sim
far to that which he is now charged
and a friend of DR.. Maxwell expresses