The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-09-29
WALKER FAILS TO GET BAIL
WIFE CONFESSES LIAISON
Judge Howell Denies Motion,
Pointing Out Homicide
Is Unexplained.
Walker and Lawrence in Gus
tody of Ogden POIiCe-Sher-
if Feels Aggrieved,

Ogden, Sept. 2s,-''The motion to admit
the defendants to bail may be denied"
This is the closing sentence in a lengthy
opinion handed down by Judge ]. A How
ell in the district court yesterday, in con-
nection with the application for bail on
behalf of Fred c. Walker and A. z. Law
renee who are incarcerated In the city
Jail charged with the murder of DR.. Earl
s. Beers more than week ago.
The court first holds that the intention
of the statutes is that bail shall not be
granted IN capital cases until after the
preliminary examinations have been held
when the judge of the district court could
base his findings upon the testimony
taken at the preliminary examination in
determining whether or not the defend
ants were entitled to bail
However. the court goes beyond this
and assumes for the purpose of the hear
ing that such is not the correct construc-
ton of the law. He therefore adopts the
only legal basis for considering the issue
by using the transcript of the testimony
taken at the inquest, and which by Sup-
ulatiOn of the district attorney and the
county attorney and counsel for the de-
PENDANTS was considered the record upon
which the matter was submitted to the
court.
An Unexplained Homicide.
He then holds: For the purpose of
determining il, therefore. I have careful
ly read all of the testimony which was
taken at the inquest and have arrived
at the conclusion that the net result OF
it is an unexplained homicide in the pres
ence of the defendants, the testimony
tending In greater or less degree to con-
meet one or both of the defendants there
with and no testimony having been IN
tTOduced in behalf of the defendants or
either of them to show their connection
Herewith.
1T may be that when the preliminary
examination is held, and it is within the
contemplation of the law that there should
be a speedy preliminary examination, the
testimony will show that there was JUS
tificatiOn for this homicide and that nei-
Their the evidence nor the presumption Of
guilt would be strong, and at that time l
shall be ready again TO consider the queS-
ton as to whether or not the defendants
shall be admitted to bail. For the pres
ent, however, the motion to admit the
defendants to bail may be denied and it
is so ordered"
Later in connection with the considera-
ton of the same matter the court says
that persons charged with capital Offenses
must be kept by the sheriff unless adj
mitted to bail on examination upon a writ
OF habeas corpus. or upon motion TO
the court in which the action is pending,
or the judge thereof.
I'm this particular case" the opinion
reads, of course, the court must assume
that the law has been followed and that
the defendants are now in the custody of
the sheriff"
Sheriff Is Put Out.
AS a matter of fact the sheriff of We
Der county according to his own state
ment made to The Herald yesterday, has
not in any way been called into the case
and he said that officially he was not
aware that there were such persons as
Walker and Lawrence charged with muir
der in the city.
District Attorney HalVerson said to The
Herald yesterday that he had nothing to
do with the case one way or the other;
that he was present at the inquest merely
for his own information and that 1t was
up to the sheriff to say why the prison.
ers were not in his custody.
County Attorney Harris also shifted the
responsibility to some one else. He said
1t was up to the police department, and
that it was responsible for the men, al
though he admitted that the prisoners
were supposed 10 be in the. custody of the
sheriff. Both he and the district at
tOrney denied that they had entered into
any agreement with counsel for Walker
and Lawrence whereby they were to be
kept at the city Jail instead of the county
Jail, as is customary. Mr. Harris ad-
mitted however, that he had said there
were no objections on his part.
Chief of Police Thomas E Browning
said that he had. been approached by
Lawrence's aged father on the matter,
and that he said it was all right with
him if agreeable to all concerned. This.
however, was after a consultation had
been held between the prosecuting attor-
neys and the counsel for the prisoners.
1t was at this conference that all parties
agreed to the holding of the men at the
city jail instead of transferring them 10
the county.
Chief Browning stated yesterday that In
all probability Walker and Lawrence
would be given over to the sheriff at the
county Jail within a day or so.
In the meantime the accused men are
enjoying almost every privilege. They
have commOdious quarters and are being
taken out in company with officers to the
barber shop and to the restaurant where
they take their meals Should the trans
fer be made these privileges will be de-
MED them and they will be treated as all
other prisoners confined in the county
fail
Dog Collars from 25c. z. c. NJ. I.
Hardware Department.