The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-13

Governor Cutler Again Honors Req
uiSition Papers for Accused
Doctor.
ATTORNEYS IN A QUARREL
ANOTHER LEGAL BATTLE BE-
FORE CASE is SETTLED.

After listening to a heated argu-
ment by attorneys on the respective
sides, Governor Cutler yesterday
signed the second batch of requisitfon
papers for DR.. David p Maxwell, the
physician who is wanted i'm Cleveland
o.. Tor performing a criminal opera
ton. During the hearing cross-firing
between County Attorney Farley p.
Christensen and Attorney A. L. Hop
paugh, who represents Maxwell
Waxed bitter. and. when the hearing
was over, Mr.. Christensen charged
that Mr. HOppaugh had seized upon
the fact that Governor Cutler is
Mormon to create prejudice against
Chief of Police George A. Sheets, who
is an American" party man.
After Governor Cutler had signed
the papers, MaxwelIs attorneys. Mr.
Hoppaugh and Brigham Clegg, asked
for the statutory twenty-four hours i'm
which to apply for another writ of
habeas corpus, and IT was granted
them. SO there is every prospect of
another legal battle I'm the courts be-
fore the officers get their man.
He Attacks the Police.
That Mr.. Hoppaugh roasted Chief
Sheets to a finish is admitted on all
overzealOHS. and with saying that ev-
cry time Maxwell was released On a
writ of habeas corpus, he would ar
rest him again.
Mr.. Hoppaugh adverted to early
days in Utah, when, he said, citizens
of Utah were arrested without due
process of law. and drew a parallel
between the present arrests and the
arrests Of other days 1t was this part
of his argument which Mr. ChTisten-
sen characterized as an attempt to
work upon Governor Cutters sup
posed Mormon prejudices.
Grounds of the Fight.
DR.. MaxweH's attorneys advanced
two legal grounds which they urged
as reasons why Dr.. Maxwell should
not be extradited. One was that Judge
Armstrong had already discharged
Maxwell once when he was charged
with being a fugitive from justice for
the same alleged Offense. The other
was that Maxwell is accused of an
offense in Utah, that of attempting to
bride an officer, and that he should
not to be surrendered to another state
while accused of an Offense here.
1t was pointed out by Mr.. Christen-
sen, however, that where q man under
arrest i'm Utah is accused of an Of
Tense against this state and another
state, the Jaw provides that the gov
error. in his discretion, may waive the
jurisdiction Of Utah to try him and
send him to the other state. So Ear
as his having been discharged once,
it was urged that the present arrest is
on another warrant.
No attack was made by MaxwelIs
attorneys on the validity of the
amended Ohio requisition papers.
Governor Gives His Views.
In passing on the case Governor
Cutler said to the attorneys that he
was convinced that Maxwell was
fugitive from justice from the fact
that he had left Ohio suddenly, aban-
doned his medical practice and took
I'D the business of an assayer in Salt
Lake under an assumed name. The
fact that Maxwell was accused of an
offense here. the governor said. did not
affect his right or his duty to turn
him over to the state of Ohio.
Z have considered this case as care
fully" said the governor, "as though
my own son or my own daughter were
accused. and I am convinced that the
ends of Justice wall be subserved only
by turning this accused man over to
the Ohio authorities"