| Show AGBAtfTSVILLE VIRAGO A Woman Who Attempted to Bun Town and Landed in its Jail Judge McBrides Habeas Hab-eas Corpus From 10 oclock yesterday morning until dusk closed in Judge Boreman Judge McBride Theodore Burmester Messrs Barrus and Hammond marshal mar-shal and jailor of Grantsville and Mrs Hannah Brightmorethe habeas corpused sat in chambers Messrs McBride and Bnrmester occupying the whole day in arguing the question Should Mrs Brightmore be released from the Grants ville jail where according to best accounts ac-counts she rightfully belongs or should she be returned to the retirement retire-ment of that retreat with Messrs Bar rus and Hammond the gentlemen who escorted her to this city The grounds on which Judge McBnde had secured the writ of habeas corpus were as follows FirstThat the conviction was not made under any valid ordinance second that trial was not held before a proper court or any court third that I the complaint was not valid and the corporation making it were not proper parties to a suit MB BUBMESTZB went rapidly and vigorously through the case drawing attention at-tention the charter of the City of Grantsville the orlinance against selling sell-ing liquor withdut a license the fact that Mr Robinson the justice of the peace who made the commitment was duly appointed and duly commissioned by the Governor and that he as justice had the same powers to commit for vio lations of the law as Judge Spiers had in this city He also called attention to the regularity of the complaint made against Mrs Brightmore by the city marshal and quoted numerous authorities author-ities to show that a city corporation was a proper party to bring suit JUDGE MCBRIDE undertook to say that there was not a sound spot in the complaint trial or commitment and if he could not show the whole to have been void and irregular be had been greatly deceived in his examination His main point was the technical one that the complaint had not quoted the ordinance under which it was brought whereas the statute says an accused person must be informedof the nature facts etc ot the charge against him He also spoke of the extreme powers granted the City of Grantsville by the Legislature when empowered the corporation cor-poration to make an ordinance which could sentence a man to so severe a penalty pen-alty as a 300 fine and six months imprisonment im-prisonment He denied the right of the I Legislature to confer any such powers MB BUBMESTEB made an exhaustive reply calling attention to the fact that SaltLake City and all others in the Territory Terri-tory were daily parties to suits like the one in questionand commitments were daily being made on convictions secured under powers granted the cities by the Legislature He also quoted to show that all persons on whom ordinances are binding must keep themselves informed in-formed of the provisions of those ordinances ordi-nances Judge Boreman took the matter mat-ter under advisement until this morning morn-ing when if it has not proved too much for him he will render a decision In conversation with the Grantiyille officers and one or two other gentlemen conversant with affairs inlthat burg a HERALD reporter learned that Mrs Brightmore was a lady who had been attempting to run the town of Grantsville during the greater part of her existence Sho had sold liquor openly and defied the license collector She had several times pulled a pistol on people who had incurred her wrath and the marshal himself a seven footer admitted reluctantly to our reporter re-porter that she had once used a slab on him She astonished Mr Burmester who once went out to prosecute her by assuring him in open court that she meant to lull him and a great part of the lawlessness which occasionally broke out among the hoodlums of the town was traceable directly to her dram shop She and a man named Honey who officiated a1 her clerk aid and husband though she does not bear his namewere at length jailed for doing business without a license and were serving a good round sentence out when Tudge McBride and his habeas corpus interposed Judge Boremans decision this morning will be I awaited with considerable interest by the temperate and orderloving inhabitants inhabit-ants of Grantsville I I |
