The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-12-11
GRAND JURY To PROBE
CASE Of ]. H. MARTIN
Man Arrested in Connection
With Blackhand Plot Faces
Serious Charge.
(Continued from Page one.)

will not preclude the preliminary hear,
ing of the Martin case, 1t IS believed
that the action will serve to change the
present plan OF procedure. The hear
'ng on the present state charge may
still be demanded by counsel for the
defendant, but such action will be
taken only in the hope OF freeing Mar
lin before tho grand jury convenes- In
-ase OF an indictment by the grand
Jury the defendant will be required to
plead to the charge outlined and be
tried in the district court.
Make No Difference.
..In nv opinion it will make sbso-
ntely no difference said Attorney
Chez, counsel for Martin, when, in,
formed tonight Of the contemplated
grand jury action
The procedure in convening grand
Jury will consist in drawing of twenty.
live names from the 1914 list OF 400
prospective district court jurors This
list is now being prepared by the coun-
ty commissioners, who also act as the
Jury commissioners. Seven is the num-
ber required under the Utah statutes
TO servo on a grand jury, and II TINS
number fails to qualify from the first
twenty-five names drawn. then another
twenty-five will be drawn. But In the
event that more than seven OF the flrss
twenty-five qualify, then the names or
the f{rst seven redrawn constitute the
jury. :.
The foreman of the grand Jury is
appointed by the judges of the district
court. Absolute secrecy marks the de-
liberations OF the jury, and no persons
other than tho district attorney or spe~
eial prosecutor are allowed to partlci~
pate, II is within the power OF the
in the state TO appear before the grand
Jury and testify. Following the return
Of an indictment il is also possible for
the presiding Judge 10 summon one or
more members of the grand jury to
testify as witnesses in the case OF any
person indicted.
Arrangement Delayed.
The arraignment of Martin for
a preliminary hearing on the state
charge duplicating him in tho
day when Attorney Joseph Chez
fled a request for change of venue
from the court of Judge w. 81. Reeder
His request was based On an afhdavlt
alleging the statutory grounds or bias
and prejudice.
As there is no alternative in case
of this kind, Judge Reeder immediate
" granted the motion, and the hearing
did not proceed even to the point OF
reading the complaint fled by Chief OF
Police W. T. Norton yesterday. Under
the law the attorneys are given
reasonable time in which to reach an
agreement as 10 who shall preside at
the preliminary hearing, and speedy
settlement is expected, rs Attorney
Chez has announced his desire for an
carly preliminary examination OF his
client.
Other than the arraignment Of
Henry Martin on the charge OF at
tempted murder, the development OF the
case today was the release OF Harry
Martin from the county jail, This action
was taken by Chief of Police ". !, Nor
ton and Sheriff T. A. DeVine when in
formation was received that Attorney
chez was preparing TO institute haheas
corpus proceedings in an effort to bring
about The release of the Young man,
who was rearrested on Monday and
kept il the county Jail since that
i;me.
Evidence Insufficient.
Although the sheriff : force deny
that they were aware Of the attorney g
scticn. Harry Martin was released from
Jail while IN" petition for writ OF
hahcas corpus was being filed IN the
oaicc oi County Clerk s. 6. Dye. Judge
i. A Howell received the petition and
issued an order commanding Sheriff
DeNinc TO produce the prisoner In
court on Friday, December 12, but this,
Of course. will not lac necessary. As
the result Of the fling Of complaint
against Henry Martin the habeas
corpus proceedings in MS ease were
dismissed by Judge Harris today. The
order in his case calie1 for "A hearing
on the petition AT 10 o'clock this
morning.
The inability TO secure sufficient evi.