The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-08-13

that II may be overr1iled.'
me counsel Tor Jeremiah Patton vas
posing little for dramatic effect He
he'd up his hand. Jus, a moment. your
| honor" he snid. "this question has al
ready been decided in Missouri" lie
walked over and laid tho open volume
The judge glanced at the statement OF
| the case: then ne turned 10 the opinion
Apathy faded from his face: the muscles
Of his jaw erew compact; be settled down
| In his chair TO read the case carefully
to the end. Finally he rose and looked
a moment over the courtroom: then he
II sustain your motion. Mr.. Scott
Inc great audience stirred With pro-
attorney was on his feet. Your honor"
! ne cried this prisoner cannot be dis
CHARGED. He is under Indictment He
rma.o,.o mas nor been tried. The case has been
turn a criminal loose on society g by
The lines along the judges mouth
eurled Have you read this declsion?''
Mo- shouted the district attorney
now angry. and alarmed; but II cannot
annul trial by jury: II cannot unhlnse
the gates Of our penal institutions: IL
Caesar; holding the issues of lie and
death In the turn OF his thumb What
court would pronounce 2 decision hold
| Ing that continuance OF the cause
should have the effect OF trial By fury.
a, verdict ,f, OF not guilty and discharge
cree. and I reply the United States dis
trict court for the western district OF
Missouri. II holds In the case before me
precisely what you say It could not hold
namely that postponement OF a case
and the discharge OF n jury. after the in
and over the objection OF the prisoner
without proper reasons therefor is In
erect. an acquittal, precludlng retrial
and working the discharge OF the pris-
oner Jeremiah Patton has been put to
trial. the evidence against him was in
trodueed; then. upon the motion Of the
district attorney without any reason
given on the record. and over the prls-
oners protest the case was continued
and the jury discharged. These facts
here are In accordance with those in the
case cited The decision of the associate
court Is not TO be disregarded. and the
prisoner must be set al liberty
me judge paused a moment: took up
the volume OF reports IN his hand and
looked down al the packed sea OF faces
1T would be folly" he said for me To
do other than sustain this motion. The
United States circuit court OF appeals
would Immediately reverse me. The gov
eminent would be put to the expense Of
u useless appeal and / would be subject
10 censure as arbitrary public servant
dsregardIns the doctrine OF law estab-
llshed by an associate court By curl
Gus accident. this prisoner steps outside
'ile power OF lDe law through one OF the
numerous safeguards which our judicial
system throws around citizen charged
with crime. We do not know whether
or not Jeremiah Patton is guilty as
charged In this Indictment. no Jury has
decided that; we know only that the law
directs that he be discharged from GUS
tody. and / so order IT."
On Monday morning after the acuuittal
OF jeremiah Patton. Pietro handed me q
cablegram from Randolph Mason. I tore
II open and went into Mason's office with
II. He looked up from the table as en-
tered Parks" he said. II am ready 10
adjust the remaining features Of this
bank problem"
"Mr. Mason" answered. ''do you
know where Jeremiah Patton and Bel
mont Lane are today?"
Yes" he said. Patton arrived in
Now York last Friday night and Belmont
Lane is now In the custody of the United
States consul in Berlin"
Mr.. Mason" I replied FOR once In
your life you are mistaken
'Mlstaken." he said. Il mistaken"
Yes" / said; you are mistaken.
Jeremiah Patton Is dead at the Dres-
den OF pneumonia; I came this momen;
from his bedside, Belmont Lane shot
himself In the eptresol OF the hotel Gross
Herzog Won Wldenhelm in Berlin at
o'clock Sunday morning. when confronted
with your writ OF extradition," and I
handed him the cablcgram.