The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-05-30
6|lyE NAY
h CONTINUED
n Holds That No
q Can Be Taken
Appeal
Inns 1sANzI0US n.,,
|pB 4 SPEEDY TRIAL
kJPsint Is Involved in
i,r as to Hearing
dPrssent.

:, IN. opening of the Dis
!, c.uvon county, when, IN
q 3. tine for their trials
b.
nAsdCu Taken
y. Az. however, beyond
4 Jslre Smith legal points
\. rn,seeution TO be a bar
..Girru at this time. At
- for the defense. stat
Z ,Stned be had filed two
.,.t;sr for q change OF venue
= ,Sdarits, and the other
y. O.ber judge be called In.
la Not Argued.
- ssr cot made a matter
-s,s asd will not be until
0Ssaa Is disposed OF.
Id stayed proceedings was
4 o. present right OF the
= ua Ia View of the pro-
- a&, Reyised Statutes os
h,a. ss construed In a de-
CsIted States Supreme
4 az Of cramer vs.. the
Hicr Is Claimed.
uale II Is claimed by the
{, Safe court is prohibited
M action In the case. pend
-LAtioa OF the appeal from
h:s Circuit court for Idaho
y sayss proceedings started
y NOn after the accused
q 3 lAbo.
q Witt Of Error.
y1e frat brought In tho
= GIt That case was de-
y &ttnse and II was taken
= oeu!1 on writ of error.
d rs;ted States court was
y against them. and q di-
Ehs United States Supreme
y, where both are pend
3 la' hearing on the first
.esssr.
Stsa OF Statute.
r..n that any proceeding
- y srch case pending
{ n appeal Of that kind
"a ocart shall be null and
5'i=a court constructs this
Y lulrst further proceed
E,sley. for the prosecu-
= d1sntlol OF Judge Smith
2 I'D tha decision there
hn Il rested with the de-
&nailye action II they
gs nial at this time. The
1sd by the Federal statute
iEs vas pOwerless.
asl Suggested.
81 atllon suggested for the
efy should dismiss the
4clell court and rely on
s. mn the State Supreme
] Ges cover exactly The
Eeavlis were submitted
sEes State Supreme court
Cfeht court, showing
,a cases had been taken
cart OF the United
tktram from the clerk OF
: Ezuhg these cases were
I 70 Submit It.
md to have the matter
A argument, Judge
= thought the matter
/ |. us form OF a motion.
~ ~ - argument, as there
- aha as a basis of an
hDaSley stated they
; da 'ae attention of the
Lr,,..aA .Asnng condition, He
ea sss required. N
ANXIOUS for Trial,
=, sho had arrived ana
- : attorney in the case,
=. oeslre an argument
r;, va and anxious TO
M tiney could not waive
D.. a. thsy dismiss the ap-
D. e1uT as they wished
Satdy. eHhausted
aAr. Borah.
e e. Tie Prosecution. said
y acTs.,nao not asking the de-
Z 3 sias. ssi.ia A condition WAS
2 ~ nsae me State had no
y Mr. ,Sse1lng5 ~ would bc
~ sain. court OF having
eats I'm Up on writ Of
u spss!p,r supreme court they
h EosssS,l .SHsl would act as a
|, u. ga vas disposed susd otA'o Of
f' Of Judge.
s'lst.d s.ss his opinion that
30 brought up prop
9ssI 1ay SN,, that this court
e aurrolce ro.lce Of what is
an an c1lne In here and
ISs a., and I DON, AGaaavits sna Si
,tsks fh''oer fha the mat
eiS s,,sa;di ,snd viii pass sug under nnsr
Before Court.
ss-. ss,e-. thi. oo,,-.
AI \. ~ L.oshlng befoo ourt;
IN :. ssIlss 3 'IialSlsl u la notice ,"5i Of
lS,,s' l5s.ss' as 1 say. upFeIns ans
hAo,s IT, .hs constitutSio5ee rS5e
Xrh -. VIII conside!ee ilit!ed -, to
y .'A Il '''iat | don't sec
q. Of Bias.
q: = ", y; dsiso,. :. ),
i ,sSsakIns thai thaIse aIa,t IN the
~ ssltbYes In a geners q rss Y
,, ll;sssssssiass'' ''ie%a teHdinss si9s e
= suNss he Tine neVo5Si%tlttee on ftee OF
s,t sSss,a ss and dIhnsaapssg that se VI ,c .
as an e anan,st arrest OF
q, 1, Wiling "Ptpolntee tp OF
ssig carry '''sse oat acc ,nSceuses
2 sa, SssSssIIass' sesD bstsss,GIYY:. la sGY.
S'sssseaout!sanw, ous W: ts5; F