The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-09-08
SET FREE ANl|
AGAIN ARRESl
J. F. MAllister's Libe,l,
Habeas Corpus Is Of 4,
Duration. J
DEFENDANT ONE OF FIVE
ALLEGED WIRE.Tip,
Interesting and CompH,
Legal Questions VIII
Raised by Attorneys

Immediately following his ~.
BY the supreme court upon 4
habeas corpus, By consent Of II.
attorney, j, 7. McAllistcr on.
five men accused of unlawfulI,
fraudulently reading a mcssaos
private telegraph line to Badss,
ers, brokers, was rearrestcd su
complaint yesterday afterpoon
lister. through his attorncys r 81
not Of San Francisco and W;llsJ
sen, applied for writ of hle.
pus 10 secure his release from n.
ty Jail, where it was alleged 4.
illegally held.
II was pointed out in ahs
that no warrant or uny prraess !,
issned against Allfster. wbs' s
rested on Il John Doe Wuns'
that no crime was chur6e9 I
him or no complaint issued IN
tion for the writ also declared Is
law under which the men vera
ed is unconstitutional Chief
j. +. Frick issued the wri, ,ofl
corpus returnable yesterday sft
at . O'Clock.
Many Lawyers Appsas
An array of legal talent, remz>
the various defendants in tSs
were lined up before the sup.sI.
when the hour for the hearing (,
County Attorney /. E. WILEY -
have the names of n. f. Boui
Carl A Badger placed on the e-Ilt1
associate counsel for the pro-.
which tho court granted. III
asked for an extension of tis,'
this morning at ~ 0 clock, siatic
he bad not had time to make .
on the petition for the writ q
The fact was brought ont,
that McAIlister was being .hel1
mittimus under the name Of Me-
while no complaint had been
against him on that name or al
name insofar as the records sdos
County Attorney L. E. Villa
consented that the prisoner 8
charged aud as he left the roon
if Joseph C.. Sharp, who was !,
served the new warrant on BIZ
new warrant was issued on "
plant prepared by the county
ney's office last "Wednesday,
was more specific and compIal|
allegations than the original a.
on which the five men were auc
Change of Venue.
The new complaint was swon
fore Judge j. J. Whitaker in q
inal division of the city court;
the original complaint was bsfd
tice Of the Peace F, NJ. Bisbq
Allister will be taken before
Whitaker this morning at 10 ID
have his bond fixed, which il
derstood that the county stioT1g|
flee will recommend in the 3
$1,000. The new complaint VI
necessitate the formal arreA
other four men. who now are 4
bonds. Their attorneys havc.b
titled to nave them into eecI|
morning also. al which time II y
able that the formal reaTest
made aud the bonds be trsuh
in speaking OF the matter n
County Attorney l. f. Wiley
the original complaint was
quickly that the sheriff MD
the men at the game and thas
intended 10 amend it later y
tomary in such cases. He had
ken TO draft an amended couP
said, when he learned yestefdl|
ing that when the men were taEi.
justice Bishop TO have their buz
following their arrest they pla
guilty without his knowing II,
understood that they were ben
before the justice merely to p
bonds fixed. Mr., Wiley sad
was his understanding that ths
be arraigned and given q pr
later.
Reason for New Comrlar
The county attorney says "
learning that they had PLEADS
mediately saw that he could
amend the complaint. and thas
new complaint became neces
the complaint had been a@s
the county attorney supposed
until he found that they haa
by mistake of the justice,
have so amended it as to use
ter s name instead OF John D01
would have changed ine
of the case upon the apphcs
the writ OF habeas corpus.
Among the attorneys preSn.
day were Judge w, II. Das
represents some OF the men.
Minot, who is associated VIVID
Hanson. is the general counssl
Moss company of San frsnS
which company 1T is alleged y
messages were transferred
Numerous important ques1lon'
promise to enter into the eassy
ing the question of jurisdie,l0
question as TO whether tes
court or the state courts OF
jurisdiction in such cases -
raised and may have 10 be os'
later.
In the meantime it is threaIf5
proceedings will be begun a.
ton & Co, tho New forh
change and the Western lmu
whether or not the handing
tions by the present methoas
ing with the laws on lnte''
mercc.