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Show Officials Turned Down. Jice Against Mormons iSaid to Have Influenced i the Court. ! Bnberry, Wanted for Mayhem, He-'jeased He-'jeased on Writ of Habeas Corpus t by a Relative. ',' i HERIFF C FRANK EMERY and Assistant County Attorney J. J. "UTiltaker, who returned from Chllllcothe, Mo., night before last, Iderstand now why the Mlssourlan e pi,m'n- Tne 53:111 .Lake my officials took the trip to Chllli-Cy Chllli-Cy for the purpose of setting Sher-t4rStanberry, Sher-t4rStanberry, wanted hero on a fcWof mayhem for kicking out one eyes of J. "W. Burnham In this on April 4. Through gross mls-Jsentatlon mls-Jsentatlon of conditions In Utah Ei the prejudice of a Judge, a relative itte accused, and not even an attor-Ur, attor-Ur, Stnnberry escaped being brought e lo stand trial. ;'fhe expulsion of the Mormons from jiSsouri and the doctrine of blood fitment In the Mormon church were w to be back of the whole proceed-land proceed-land such a sentiment was worked (5ta Stanberry's behalf that Mr. flltaker sajs it would have taken a (Spment of soldiers to get the prisoner 41 of the State. The Mlsfourians be-fe'rf, be-fe'rf, It would srcm, that the Mormons taw sworn revenge upon the natives fjlhat State, and that a Mlssourlan si not receive a fair trial here, but fit they are persecuted qven to being at to death. In support of this best! be-st! they cite the Mountain Meadow usacre. In the petition for a writ of ateis corpus upon which the prisoner iT released, it is said, that It was ifjed llmt Peter Mortensen, a nonunion, non-union, was tried, convicted and tlcuted upon the dream of a Mormon. tl talk about the town, Mr. Whit alter 31, was lo the effect that the Mor-css Mor-css killed Mrs. Rose and then exe-ned exe-ned Frank Rose merely because he ippened to be from Missouri. Shock-jj Shock-jj they said, had been accused of stfer and would be executed simply caue hecame from Missouri. I ' What the Petition Says. la support of the belief that a Mls-orian Mls-orian can not get Justice In Utah, the jpnlng paragraph from the petition -ttaaberry v quoted: "J6ur petitioner avers that the ofil-a ofil-a courts and Juries of Salt Lake are Sjr 'Mormon' or under 'Mormon' in-jjee in-jjee and that a Gentile has ab-Mely ab-Mely no show with them. That the i J. W. Burnham Is of 'Mormon' ally and the said Chief of Police was painted by 'Mormon' inlluence and absolutely controlled by them, and ;1 notwithstanding the fact that the $ fight between Burnham and peti-ner peti-ner was the only serious difficulty it took place in petitioner's place of Hness and that many lights occurred the saloon across the street from pe-?ner's, pe-?ner's, which v. as owned and run by orraons.' yet the said Chief of Police pmmended the granting of the 'Morn's' 'Mor-n's' license and the rejection of peeler's pe-eler's license." "he Sheriff and Assistant County At-ney At-ney both declare that mlsrepresen-ton mlsrepresen-ton such as this, together with the s of the Judge, resulted In the mner's release. The papers took the Iter up, and enlarging upon the Representations aroused a strong Judlce among the people. The fol-Ing fol-Ing version of the affair Is quoted m the Chllllcothe Dally Democrat of 20; Paper Takes Sides, The story told to a Democrat refer re-fer Friday morning by the accused, ws the case to be a piece of spite rk In which the shadowy hand of the erful Mormon church is discernible. Those who are best acquainted with rm Stanberry have no hesitancy In jptlng his verelon of the trouble In t Lake City. During his long reei-c reei-c In Chllllcothe he was known to Just the opposite of vicious and irrelsome. and it Is safe to say that raham was the aggressor in the . trouble, and forced Mr. Stanly Stan-ly Into the light. Sherm is not a ''ard In any sense of the word, but 1 go out of his way to avoid trouble. His hosts of friends are highly iscd and gratified at the outcome." Governor Turned Down. withstanding that the Missouri prney-General had declared the ulsltlon papers perfect In everv reft re-ft and that Gov. Dockery had given . warrant for the return of the ncr, he was released under a writ habeas corpus This was absolutely sal, say the officers-, the Missouri tutes In section 3577 providing that a warrant from the Governor a writ habeas corpus is suspended. Had regular Circuit court been In ses-J ses-J Mr. "WliI taker is confident that tiers would have been different. Jbate Judge Umphalbaugh, who la 'an attorney, f and la said to be re-d re-d to Stanberry by marriage, heard ' cas In the absence of the Circuit Jeea. He Is said to have told a nu before the case came up that he uld release the prisoner. Mr. Maker secured a writ or certiorari n Circuit Judge Alexander by go-' go-' to Kansas City, but under the 'Jules the matter could not be re viewed except in regular session, and m.mberry In the meantime having left for ports unknown, the Salt Lake j county dniciala had to acknowledge defeat de-feat They were shown a few them- selves in Missouri. Mr. Whitaker says he could hardly realize that such proceedings pro-ceedings could take place In the very heart of the Unlttd States. |
