Show MAXWELL LOSES I AFTER HOT FIGHT Governor Cutler Again Honors Requisition Be Papers for Accused Doctor ATTORNEYS IN A QUARREL ANOTHER ER LEGAL BATTLE BE BEFORE FORE CASE SETTLED IS t Aft After r listening to a heated healed m by Ys on the respective sides Governor Cutler yesterday signed the second b batch of requisItion papers for Dr David P Maxwell the physician who is wanted in Cleveland 0 for performing a criminal opera operation ti tion n During the hearing between County Attorney Parley P ChrIstensen and Attorney A L Hop Hoppaugh Hoppaugh paugh who represents wen waed bitter and when the hearIng was over oyer Mr Christensen charged that Mr Hoppaugh had s seized upon the fact that Governor Cutler Is a Mormon Monnon to create prejudice against Chief of police George A Sheets who is an American party man After Governor Cutler had sIgned the papers Maxwells attorneys s Mr lIr and Brigham Clegg asked for the statutory hoUrs In which to apply for another writ of hab habeas Rs corpus and it was granted them So there is every prospect ct of another legal battle In the courts be before before fore the officers get their man He Attacks the Police That Mr lIr roasted Chief Sheets to a finish Is admitted on all allhands hands He charged him with being and with saying that ev cv every cry ery time Maxwell was was role released Sed cn n a writ of habeas corpus he would ar arrest arrest rest him agaIn I Mr Hoppaugh adv adverted to ho early days in Utah when lie Ite said citizens of Utah wera arrested without due process of law and drewa drew a parallel between the present arrests and the arrests of other days It was this part of his argument which Mr Christen Christensen Christenson son sen characterized as an to work upon Governor Cutlers sup supposed supposed posed Mormon prejudices Grounds of the Fight Dr Maxwells attorneys advanced two legal grounds which they Urged as reasons why Dr Maxell should not be extradited One was that Judge had already discharged Maxwell once when he was charged with being a fugitive from justice for forthe forthe the same alleged offense The other was that Maxwell lI Is accused of an offense otTense in Utah that of attempting to bribe an officer and that he should not to be surrendered to another state while accused of an offense here hereIt It was pointed out by Mr Christen Christensen sen however that where n a man under arrest in Utah Is accused of an of offense offence fence against this state and another state th the aw provides that the gov v error in his discretion may waive the jurisdiction of Utah to try him and send end him to the other state slate So far faras ar aras as his having been discharged once it was as urged that thE present arrest is ison ison on another warrant No attack was made by Ma Maxwells attorneys on the validity of the amended Ohio requisition papers Governor Gives H His is Views In passing on the case Governor Cutler said Id to the attorneys that he WM was thAt Maxwell was wan a fugitive from justice justie from the fact that he had bad left Ohio suddenly aban abandoned abandoned his medical medica practice and took up the business of an assayer In Salt Sall Lake under an assumed name namo The fact that Maxwell Was 88 accused of an offense here the governor said did not nol affect his right or his duty to turn him over to the state of Ohio I have considered thIs case as care carefully fully funy said the governor liS as though my own son or Iny own daughter were accused and I ant am convinced that ends of justice wall van be only by turning this accused man over to the Ohio authorities |