Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-04-28
]. S. MALONE HELD
IN $1,000 BONDS
On Charge Of Assault With Intent
To Commit Murder Upon
Nels Paulson.
TAKEN TO THE COUNTY JAIL.
Asks for Statutory Time in Which 60
picud--May Enter Demurrer
10 tho Complaint

Unmoyod and bctruying no emotion
other than the occasional fitting sha-
dow of regret which cloudod bis expires
sion OF deep Interest in tho formal pro-
ceedings J. 81 Malone this morning
listened to the reading of tho lengthy
complaint charging him under two
counts with the crimes OF assault with
intent 90 commit murder and assault
with deadly weapon, committed upon
Sells paulson on The night Of April 81
SO plcn was entered Go The charges.
however. O.. -. Diehl as counsel for the
defendant taking the statutory time
OF "a hours Iu which 10 plead After
the reading OF the complaint and argu-
mcnts by the defendants counsel and
Asst County Atty Bowman the court
fixed Maloncs bonds in the sum of 3d.
co.,
Following the court proceeding MT
Malone was taken 90 the county JAN
bv Deputy sheriff Andy Smith. while
his attorneys, q. b Diehl and A. j.
Weber began the preparation Of The
bond which will secure his release from
custody this afternoon.
COMPROMISE BOND.
The interest In this mornings pro-
ceodings lay ina the fixing of the amount
OF bond. The amount designated by
the court was I'm the nature Of com
promise and adjustment OF the wide
divergence Of opinion between the pros
ocution and the defendants counsel
The latter argued that bond In this
sum OF s. 500 would be sufficient while
Asst. County ATTY. Bowman expressed
the belief that in view of the nature OF
the charge the bond should not be less
than $4,000.
In arguing for the smaller amount
Atty. Diehl. after suggesting that the
case was not quite 80 serious as IL
might seem from the reading Of the
complaint. dwelt az length on the de-
PENDANTS wide aCQuaintanC and good
reputation throughout the entire COun-
try. The purpose OF a bond, be said,
was simply 10 insure the appearance 90
the defendant when required. and be
thought $500 would be- sufficient in
this case He informed the court that
a. would also be difficult for the de-
PENDANT az this time to provide any
much greater amount
IN answer 10 MIR Dichl, Asst County
Atty. Bowman stated that from the
evidence received in the county attor-
neys office the assault upon Nels Paul
son By Malone had been committed
with the intent TO commit murder, and
thought that under such circumstances
the bond should be at least $4,000.
LINE OF DEFENSE.
Judge A. j. Weber in his argument
for a lesser amount gave an mixing
that the line OF defense against IN
charges viii be temporary insanity OF
esponsibilty Replying 70 Mr. Bow
mans reference as 20 the intent to
commit murder he said.
While this Is probably not tho pro-
per place or time TO say III, yet. while
there may have been an assault com
mitted ] think we can show thar tho
defendant was ia such a condition at
the time that there could be no intent"
10 was impossible, Mr. Weller said
further. that Malone could furnish a
$4,000 bond at this time
At the conclusion OF the arguments
Judge Bowman stated that there was
such a wide difference between the
opinions OF the counsel that he wosiid
divide the amount and set the sum
at $1,000
In asking for the statutory time IA
which 20 plead Mr. Diehl Informed the
court that a demurrer might be entered
10 the complaint al this time, but II
such Is not done the defendant will en-
ter his plea tomorrow morning.
After the adjournment OF court Ma
lone was In a CHEEKY mood at the pros
pect Of his early release under bonds
lie has been confined in the city ia
since the night OF April s. when hs
shot Poulson. He shows little nl-ef-
fects from the strain OF the oonnne-
ment but his relief and enjoyment in
the return 10 the outdoor air was plain
IS shown In his features and bracing
Of the shoulders as be stepped out Of
the police station 10 the street while be-
ing taken 20 the county Jail