Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-11-05
Walker and Lawrence Will Re.
main In Custody Awaiting
Trial for Murder.
AFFAIRS OF WEBER COUNTY.
Damage suit Scttlcd--Two Couples
We'd junction City Vows
Briefs


to-day denied the application FOR bail
OF T. c. Walker and Edward Law
renee. now being held for trial on the
charge OF murder that OF killing Dr.
Beers judge Howelrs opinion fol-
lows.
This application to admit to bail the
defendants hercln who are charged
with murder In the first degree, hav-
ing been hy stipulation between coun-
sci for the state and counsel FOR the
defendants submitted to the court up
on the transcript Of the testimony TAX
en- az the preliminary examination.
have carefully read the same in an
effort TO discover II the facts developed
therein differ essentially from those
brought out at the inquest, upon a
transcript OF the testimony at which
previous application of this charac-
ter was euDmiuod IL me for decision
and by me denied. From such "a
reading OF the testimony. j have ar
rived at the conclusion thai while 81
might be justly contcndcd that cer-
tain facts cropped out here aid there
which might tend to excuse or JUSTLY
the commission Of the homicide in
queslion herein that sun the facts de-
NeloRed at the preliminary eXamina-
ton W l2t Ci0cr essentially from the
facts brought out at the inquest. and
thertf fore that what I said concarnino
them on he previous application Is still
pertinent mere that the record On this
case dlecl0ses an unexplained homi-
cioe N 'hs presence Of the defend
ants. The testimony tending In a great
tf on less degree 20 connect one or
beth of tho defendants herewith"
ana Though some testimony WAS iu-
Weauccd go behalf Of the defendants
me sicai"r portion OF e was stricken
Nom tne record and what remains
dec not tend sWticienuy TO disclose
an GNcu e Ct Justification fcr the h0m-
icidt ia o as would justify the couri
in holding hat the presumption ~
suit a. hich arises from The homicide
Itself, p not strong within the mean
ing ~ The constitutional provision
which ~lveins the court in Sos actions
upon ,h's mater. for section Of
Aiticlc J. ~ thrt document provide
rs folIoNa. IAN prisoners shall be-
leilaAio by sufficient sureuos except
fcf capital 1nenses when the proof o.
evident - the presumption strong,
! tore ear. of course. to comment up-
on ~ testimony IN detail or 10 set
tirth 'Ttenso the reasons which o.
seems 20 nc justify me in refusing 10
mit The defendants 10 bail az this
TINE, l-r O. would be improper for me
90 Do o. inasmuch as the defendants
pr sl yer Re placed upon trial Tor the
crime with which they are charged
lcfore jury OF their peers. and ! do
Tot desire 20 say aught that might ir
ony m1rlor tend 70 nrejudicc their
case u-o0 the final trial. The defend
Is tid not take the stand at the
lHri AiV eXaWinaton and tho
eieaior portion of'the evidence which
Nns Offered in their behalf was strick-
90 FROM hc record, 10 not having boon
properly connected. SO that OF course
nay ne that "a the trial the de-
t-ud nts can present a complete ey-
C1sc 80. Justification for the homicide.
The decision Of this question has only
teen embarrassing 10 the court be-
onusc unset for tho state were not
hgreei as to the disposition which
ogl' Pc made OF this matter. a dis
na comeit which may be explained by
ta 81, min tio1 that the district attor-
rey d oerrizant OF facts outside o.
the rorl which Justify him IA taking
a." io7iiicn ne did while his associate
counsel n1y act have been aware OF
such facts. However in passing upon
this question. I am Of course restrict
"a 90 tic ony given at the prc-
llminarr cvaminat'0u. from which
alone and Perspective on what there
may ru fi1 NJ ~. a. Goes not appear
mitiiae lfc dcfe-dants % bail at this
time. s,nsine as Z do the Obligation
} am ne ia dc idng this question
hoth to ffnterf rhc Interests of the
state oN1 rNfegHard the rights OF tha
'ofen farfs realize, however that
no defendants ore e-titled as a con-
sfutis - right % q speedy uiaf and
ihcrf.ro am willing 10 make a
.uer a. ettine 30 This c1se at any time
Hhich WAY Dc agreeable fo couns D.
rfirT prseicnfc over an eases cx-
apt fao other criminal cases nlrea ~
WIDER COUNTY AFFAIRS.
The board of county commissioner
feii short session yesterday. but
thanea ted small amount~of busi-
lers ollr
A rct ton was received. signed by
SO residents aul ttNnlrcrs OF tiutlh
rnd rurrh Greek. aratcetiug against
ire caploTahie condition Of the county
road n facer districts and asking for
immediate relief Tho commissioners
decided Co visit the roads Thursday
snd sef whut cana be done
Icenter g. Harris reeisrai Hs reg
ietrnr 0f vliri s3tieNfs AZ Htrrlsvlle
CianJ s. Yin was anF olntel depu
tT in tie c0unty clerks office Ht n
salarv III $50 20 pcr month
Tho mntfor of the county having q
place ord Gaze for the inair DO sick
WINS discussed but NO action was
takeT
DAMAGE SUIT SETTLED
Do 10 Howell signed the petition
mado hs Lawrence y Smyih aanin.
istratnr af thc estlte of Edward p
eontcnd. asking permission t1 sotu'
fia dimlro suit agaiu Inion Pa.
zinc nalrold connany for n26i 20
n o. claimed souiheld was KILLED h'
an accident on enc road.
WEDDING PERMITS
riconscs go wed were grained 90 fh'
frll0 Ink couples
Cniah n Wells 22 and silsH Emmi
g.. Nolma a. both of Lead souil
lD7kCiu.
| Thomas a. Cichmn and MiFs Aunl'
y Utlcy. both of Provo and ~ Lawful
igo.
nWEFs hNp PERSONALS
The police have been unable 20 go
any trace 81 me- man who m SUP