The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-03-19
DEFENSE LOSES
ITS FIRST POINT
Motion to Dismiss Meyer, Hay
wood and PettibOne Case
0verruIed by Judge.
CHANGE OF VENUE ASKED
ARGUMENTS WILL BE PRESENT
ED TODAY.
(speciaI to The HeraId)

Especial TO The Herald)
Boise. Ida-. March 1S.-In the dis
trict court at Caldwell today Judge
Wood overruIed the motion for dis
roissal of the case against Meyer, Hay
wood and Petubone. accused of the
murder of Frank SteunenberS, former
governor Of this state, on Dec. so, 1905.
The motion for a change of venue
was taken up afterward and the re-
nafnder Of the days session was de-
voted to the presentation of affidavits
and counter affidavits and the reading
If newspaper clippings said to be pref
udicial to the defendants. The argu-
ment on that motion will be continued
tomorrow
Motion TO Dismiss.
The principal argument in support of
the motion to dismiss was made by T.
?. Richardson of Denver. After recit-
ing the facts of the matter, he present
ed the views Of the defense on the sub
ject Of proceeding with the trial of the
accused men during the tendency of
the appeal in habeas corpus proceed
iugs in the supreme court of the United
states II will be Teca He'd that an ap-
peal in such proceedings from the cir
cult court of the United States was
pending at Washington at the time of
the trial of the cases was postponed
last spring. That was because of a
federal statute covering the subject
which under a decision of the supreme
court as interpreted by the prosecu-
ton, prohibited the state from proceed
ing with the case. Mr.. Richardson rea-
soned that the statute did not have the
effect cOntended by the state. 1t only
prevented the issuance of an order COM
hitting the defendants TO prison or
sending them to execution. The trial
could have proceeded as though no
such statute existed, but in case of con-
viction the state court would be de-
bsrred from passing sentence.
Rorah's Contention.
Senator Borah, for the state. asked
llr. Richardson if it were not true that
iad the trial proceeded and the defend
mts been convicted and the supreme
court at Washington had later found
IN favor of the defendants in the ha-
has corpus proceedings. the verdict of
conviction would be void? Mr. Rich !
srdson admitted that it would. MT.
Borah contended the statute as con-
strued by the supreme court of the
United States absolutely forbade fur
Their proceedings against the defend
ants until the appeal had been decided.
He added that the admission made by
Mr.. Richardson showed it would have
been al least a useless expense to pro-
coed with the trial while the appeal
vas pending.
OverruIed by the Court.
Judge Wood took the mtater under
Riyisement until afternoon, when he
Wenuled the motion. In passing on
he natter, the court said: Now in |
his case do not think it is necessary |
f1F this court at this time to pass upon /
Tie question as to whether Judge /
Smith was correct in his ruling, as to |
whether or not the proceedings in the 1
Aabeas corpus appeal was a bar TO /
heSe proceedings. 1t is apparent that /
he considered it was a bar, and was /
satisfied that whether or not it might /
finally be decided that it was a bar. |
there was sufficient cause to justify 1
ne postpOnement of this case until the 4
appeal was settled in the supreme /
court Of the United States" The de- /
Tense preserved an exception TO the |
Iuling
Change of Venue Taken Up.
The motion filed last spring for a /
eaange Of venue was then taken up.
- 'N~etPiCu Nlit ItiiidiltutI u inc ait /
einoon. John T. Nugent of the de-
ierse called attention TO the fact that /
they had 900 affidavits filed with the /
Couft m support of the contention that
me public opinion of the county is so
WeJudiced that it would be impossible
~ secure fair Jury. He said these af-
HadNtS We're from citizens and resi-
uehts OF the county. Fred Miller pro-
te5ued 10 read a large number of news
paper Clippings These were taken from
papers circulating in that county, and
g,ey We're introduced for the purpose
" showing that matter prejudicial to
ne defense had been in the hands of
ue people constantly. This reading
coupled practically the entire time
s-tH adjournment was taken. the main
eisument going over until morning.