Show AGAIN IN COUET I 1 p OJ J I 1 Budger Clawson Listens to the Arguments in his Case THE JUDGES IN CONSULTATiON I A List of tbo Decisions Itondercd at Yesterdays Sitting of the Supreme Court The delay of the Lufkms jury incoming in-coming to an agreement or disagreement disagree-ment and the announcements in one or two smaller cases put off the opening of the Supreme Court session until 11 oclock At that hour Chief Justice Zane followed by Judge Emerson and Judge Twiss entered the court room and the three took their seats on the bench Mr E T Sprague clerk for the Supreme Court occupied Mr McMillans usual place and read the minutes of last Mondays session These were signed by the Judges according to the rules and Judge Zane announced that the Supreme Court had agreed upon the following decisions whICh were delivered deliver-ed by Judge Twiss T Auerbacb et al respondents vs Robert Mulhall et al appellants The petition for another hearing submitted on the 10th was denied and dismissed Thomas Fenton respondent vs Salt Lake County appellants A rehearing of this case was denied The People etc vs David Fennellap pellantfrom the Second districtordered that a rehearing be denied James Ewing respondent vs Edgar Merkley appellant A rehearing of the case was denied Mr Rudger Clawson had entered court by this time in company with the Marshal and taken his accustomed seat Judge Zane seated that the Supreme Court was now ready to hear the arguments argu-ments uponth habeas corpus and the case was opened by Mr Kirkpatrick on behalf of Mr Claw on I Mr Kirkpatrifks argument which was closely listened to by a number of members of the bar not connected with the case occupied all the morning session I ses-sion and half an hour of the afternoon It wa1 in all respects and was so conceded con-ceded on all hands as masterly and I earned an address as any which was ever heard within the walls of the Third District Court room He quoted a great number of authorities upon thf position of his side that the defendant could not legally be punished before his case had been heard in the higher court on its appeal and pointed out that the imprisonment Mr Clawson was now undergoing differed in little or nothing from that which he would suffer when his sentence was finally affirmed if such should be the case He referred also to the great delay consequent in reaching the Supreme Court at Washington Wash-ington and said his client might re main in prison for three or four years before his case could he taken up Mr Dickson followed in an argument of over an hours duration but to the listener it did not seem that he spoke with his usual force and precision He said that the case might be heard in Washington within the next six month a provision being in existence iu the united States Supreme Court rules by which criminal cases could be advanced under certain circumstances He held that it was a great temptation to a man who had received such a sentence sen-tence as Mr Clawsonb to avoid the law by decamping and reiterated that the question ot bail was entirely within the discretion of the Court and that if the defendant were allowed to go on bail the Court would surely make an abuse of its discretion Mr Rawlius attorney for Mr Evans I whose case hingts upon precisely I the same points as Mr Clawsons closed the case in an argument of about half an hours duration he devoted himself to reviewing the evidence evi-dence and in referring in general and eloquent terms to all the features of the case Five oclock bad now arrived and i i Judge Zane announced that all the books referred to would be taken to his rooms and that the decision would be announced tomorrow at 2 oclock an adjournment was thereupon taken until I that hour Mr Clawson his father H B Clawaon and a HERALD porterre mained for a few niinutes in Marshal Irelands office Mr Dickson bad ate 1 in the course of his argument that the I defendant was now merely supposed to be in the custody of the Marshal and not necessarily considered as a prisoner Mr H B Clawson asked Marshal Ireland in view of this if his son might not pass the night at home stating that 1 I a deputy could accompany him and remain with him Mr Ireland was unwilling un-willing to grant the request and Mr Clawson was again conducted out to the Pen from whence he will be again brought down today to learn the decision I deci-sion which will in all probability affect the question of his liberty for a long time to come J |