Show L NOTED CASE ON TRIAL REOUGE M BATES IN THE DOCK BEFORE JUDGE BOOTH I L His Case Has Had Many Ups and Downs Convicted Onco bjr a Jury I of Eight nnd Verdict Set Aside District Provo Dec 3In tho Fourth DcC court before Judge Booth tho cnso oC tho Slato 8 George M 1 Bates charged second dearer wns tho with murder In s < cC I called for trial Boforo Iho cmpancllnc j of a lurv J W N Whltccollnn attorney I for tho defense lilel a motion lo dismiss d the case dcCenNt on thc ground S thai this court I thc as to hear case has no Jurlsdlcllon IZi 11 appears 10 from the UPS Unit no InOlcl I mont lrl boon lllo l In tho court Tho htcn Jd Tim overruled notion was argued and < I court nlso overruled a motion for n continuance con-tinuance of the trial I This cao has been In the different I 4 courts of the State for a number of years eo The defendant 19 charged with murder In the second dcrrreo for 1 the killing oC John Nordqulst noar Mcrcur In ooelo I count nn Scptcmbr 22 Icrcurj 1 by striking 1 i Nordqulst over tho lnad with n largo i Norlquhlt September 30 35 > ho was ln I ItTt dlcled for murder In the Second degree bv iho grand jury for Sal Lake rmmty Ste and Iho caso was transferred to Tocelo county for trial Tho cause was heard I by a Jury composed of eight men heforo Judge a Street and on April 9 isc6 the i 1ury found a verdict of July as charged ei Tho defendant appealed to tho Supremo I i court and tho lower court WIIH affirmed Bales was sentenced to tho Slato piison I i for ten years at hard labor and was I COq11 confined thero from December 1 1G to May 21 1SSS whon ho was ordered released 5 re-leased l by Judge Marshall of iho United i I Plates District court on a writ nt habeas corpus on tho ground that the defendant I I P wns tried and convicted by n Jury ot eight men which was contrary to tho I I Unllcd States vi Constitution flue Strtc P Bates was rearrestcd and on a char go rcwt of vcnuo the cnso was transferred to L > lah Oidi COl n tOn I jy > Vi t-On September 20 1530 when tho caso i13 was called tho dofcnsc filed a motion loa lo-a 1 tS dismiss iho dPfeiHianL for lack of 1urls I i diction and Unit thc defendant had onco I ttvr been tried on the charge The motlDii was txTi jl granted and Iho attorneys for tile Stale ratted alore i i = r4 tJS appealed to Iho Supremo court nnd an I i i kst i order was made dlrortlng J nil go Booth A ir T to proceed wilh Iho hearing or the case iPij i The only progress mauo today was the 1 t a pocurlng ot prORreS8 No evidence has been I eE3 Introduced S IntrollcNl 1 J W N Whltecotton represents tho tie tn zm S fondant and District Attorney S l King faj and L L Baker of Tooclc county aro I prosecuUng 5 |