Show HE SAYS IT IS WRONG Peter Burtons Application for a Writ of Habeas Corpus WHAT WILL THE HARVEST BE Business Transactions Before Judge Sandfori Yesterday Other Judicial Matters of Interest Peter Bartonthrough his attorney Judge Powers yesterday filed the following application ap-plication for a writ of habeas corpus with Clerk Clarke The petition of Peter Barton respectfully shows that he is now a prisoner confined in the custody of Frank H Dyer marshal in and for the territory of Utah in the penitentiary pen-itentiary of said territory in the county of Salt Lake in said territory for a supposed criminal offense against the United States towit adultery Your petitioner shows that said confinement con-finement is by virtue of the judgment warrant war-rant and proceedings of record including two indictments against your petitioner his arraignment thereon and pleas thereto being the record of said matters in the district dis-trict court of the Third judicial district of the territory of Utah copies of all of which are hereto annexed Your petitioner further shows that he was first arraigned and pleaded to the indictment in-dictment charging him with unlawful cohabitation co-habitation and that thereupon the said court suspended sentence and your peti tioner was then arraigned and pleaded to the indictment charging adultery and upon being convicted upon his plea he was sentenced to imprisonment and is now imprisoned in said penitentiary under the second of said indictment And yourjpetitioner further states that he is advised and verily believes that his imprisonment is illegal and that said illegality ille-gality consists in this that the court had no jurisdiction to pass judgment against your petitioner upon the indictment marked exhibit B for the reason that the offense chard is the same as that contained and set out in the other indictment indict-ment and records marked exhibts A and C That the prosecution and conviction of a part of the same crime or offense and that the court had no jurisdiction power to take any action upon the indictment marked exhibit B adultery Wherefore your petitioner prays a writ of habeas corpus to the cud that be may be discharged from custody The matter will probably be argued before be-fore Judge Saadf ord today |