The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-06-22
DELAY CAUSED
BY DISMISSAL
Case Against Alleged Murder
ers of "Ah" Jenkins Dis
missed; New Charge Filed.
TRIAL WILL PROBABLY
COME ON In OCTOBER
George Bentley, Partner Of
jenkins, Comes From Port
land Without Subpoena.

Special to The Tribune.
PRICE. June 2l.-In the district court
OF Price yesterday the case OF the state
against Frank Lamaer. Robert Zaffey
and John Corier for the murder OF IAb
Jenkins, a resident Of Salt Lake, at sun
nyside last spring, after having robbed
Jenkins and his partner. George Bentley-
and woundlng the latter by shooting him
Attorneys for the defendants. Judge VIII
liam H. Frye and c. g. McWhinney, ap-
pointed by the court AT the February
term 10 defend the men. asked leave OF
the court TO withdraw the pleas oil inc
defendants for the purpose of making q
motion 10 quash the information. No
objection was raised by District Attorney
Woods and Il. ID. Hout8. the latter q
special prosecutor employed by Jenkins
the state. and ;he court permitted the de-
PENDANTS TO withdraw their pleas.
Reasons for Motion.
The motion recited the grounds and the
reasons why the information should be
quashed. including the rights oi the de-
which the laws of Utah accord and de
mand shall be given defendants, en-
bracne the right OF being informed that
they might have counsel 10 defend them
This. counsel for the three defendants
claimed was not done, because defend
ants did not have Interpreters through
which to apprise them of their rights
nor Of the nature OF the charge against
them.
The prosecution contended that while
the record dll not clearly show the con
tention of the defendants TO be Iact
nevertheless these rights were accorded
as a matter OF fact. After being argued
10 the court during Yesterday afternoon
a recess was taken until this tWednes-
tunity 10 lcok further into the questions
necessarily involved by the failure OF
such recital in rhe record Of the com
milling ma gistratc at Helper.
Case Dismissed.
After the converting Of court this morn
ing District Attorney Woods asked for g
dismissal of the case. alleging tina, the
ends OF Justice might not be met on ac'
count OF the fac; ira: The extreme pen
alty cf the Law could not possibly be IN
niC-c1 If verdict We're reached by
jury since thc commitment recited only
murder and not stating any speciht
degree. which benefit would naturally
and as a matter OF right. be given Inc
defendants.
No objection being interposcd by coun-
sci FOR the defendants. the court gave
District Attorney Woods permission u
dismiss the case. which was accordingly
done The district attorney stated thai
new proceedings would be Instituted i'm
ncdiately and asked for an order TO hole
the defendants il custody until re
arrest of the men could be had Th'
preliminary hearing will be had some
time this week or the nrst OF the conf
ing week. This delay OF the case vii
court until the next term. which lis Il
convene about the 10th OF October. Some
twenty-five Witnesses have been sum
moned on the case from Sunnyside. wher'
the robbery and murder occurred
George Bentley. JcnEinss partner, wh'
/ was robbed and shot mt the Time Jen
kins was killed. Is now located at Port
) land. Ore. but came on to be presen
. at the trial without being subpoenaed.
Defendants Rearrested.
The defendants were rearrcsted thi
afternoon, charged with murder in TN
first degree and arraIgncd before j. VI
.MiIlard. justice or the peace for Pric
precinct Attorneys for the defendant
asked for an indefinite postponement o
the case. but this was overruled and III
preliminary hearing set for Monday next
Attorneys for the state say the trial VII
not likely come on until the October tern
al Price.
Judge Christensen has set his calenda
up 10 and including June 2S- There AR
several minor criminal cases 10 be dis
posed o. besides a large civil calendar.