Show is te before jute haiie POSTPONED OKE WEEK ext thursday examination will beam utah sheep eange budge 0 W powers counsall for frank T raymond imprisoned in the county jail on a charge of murdering R J obrien on the aist alt appeared before judge zane in chambers yesterday motion that his client be to bail the application was made on alie strength of the testimony adducted at the preliminary examination of the prisoner and certain affidavits secured since that time district attorney varian opposed application on the ground that none of the persons named in the affidavits submitted were called at the preliminary examination although they were in the city at the time if the matter were reopened he wanted a chance to examine the in order to ascertain if their testimony could not have been secured at thy examination before the magistrate judee powers replied that at the preliminary he had sought to have these people sum he bad specified them aa eyewitnesses eye witnesses to the milling some of them were in the court room during the examination and one waa actually sworn but not called justice Laney had overruled his request he had then asked tor a continuance continua uce of the case until tha following morning in order to secure additional this request was also denied the magistrate demanding that the case be concluded on the same day air vanan insisted that ono ot alie af fiands a bartender in the employ of the prisoner waa present in coart when the preliminary examination began hut left soon thereafter having been told that ho would not be called county attorney murphy here read an extract from the statutes showing that the preliminary examination could not be postponed to another session except by affidavit showing good cause for continuance judge powers contended eliat the affidavits submitted to the court showed conclusively that his client was entitled to bail and he averred that under the circumstances it was the plain duty of the court to order the writ of habeas corpus the court asserted that all the eyewitnesses ought to be present mr varlan replied that he would see to it that the eyewitnesses eye witnesses of the killins were subpoenaed if action on the motion were postponed for a few days the court thereupon set thursday of next week for the hearing of the motion |