Show BACK TO THE PEN hreeMen Released and Three Sent Back to Their Cells I Yesterday morning I S Gowans and W H Lee of Tooele and llerber J oulger john YtSuiilh T C Jones and John 1 Ball of this city were brought down from the Penitentiary to undergo an examination as to their ability to discharge the fine and costs which they had been senUnced to pay by > Judge Zinc Each one had served ont his term of imprisonment and the extra thirty days for the fine impo edIt ed-It was all smooth sailing for Messrs Jones Gowans and Smith who did not have any property except such as was exempt by law and the Commissioner Com-missioner discharged them though Inclined to be particularly testy at one or two evasive answers which the gentlemen renered when he asked how many Mr Lee wives and Mr they Bail had were Mr examined Foulgcr i t very closely and suspiciouly The irat ccntlernan had his homestead of hi value of 51500 but the exemption to which ho his wife and five children are entitled 2750 oflset that He hLd once owned considerable property but had deeded It to his wives bat this b ans his arrest Thu commbiioncrde spite Mr Foulscrs staling lhai he was ready to take the oath in which he mui swear that he has nothing to tbe value of 2 declined to allow him to subscribe to it Mr Lee had n hono und lot valued at i000 mortgaged for 2 lie also had a farm 01 twenty two acres value at 300 with a mortgage e of 200 on that He owed Teasdel about 5300 The exemptions ex-emptions to which he was entitled far exceeedd the value of bw property but the Icommts 0 mess despite Mr Moyles earnest argument to the contrary Deli that tte law only applying to a mans homestead Mr Ltvs Serum ould not b construed as a part of his homestead and he would not be permitted to take the oath Mr Ball was unfortunate in having a balanceypf assets over liabilities liabili-ties of some 3uO br ti0 which however how-ever he said was in bad and doubtful iccounts He had no homestead and the goods in his store he had covered with a chattel mortgage of 350 to larne1 Davif in order f > keep bis folk while he went to prison Hn felt thn ie could take tbe oath concientiousb but the Commissioner would not alien it All three accordingly went back dt tiar night to their cots in the Penilen Itis probable that their cases will be hear on kabeo coitus before Judge Zane today Mr Varian yesterday said ho would waive the wilt to cxpe dite a hearing |