Show tie the writ denied the hearing of the motion for a v writ nt of habeas corpus in tile the i isu au of A II if I 1 martin L r arbit I 1 who had been denied ball bail pond liend ing ing the investigation by tile the grand jury ny was had before judda Bore inan juan ili in salt lake on oil 1 friday aulay judge boreman briefly reviewed the testimony and paid eid the llie circumstances would show that at the moment mariin ordered burton barton to throw up his hands at that moment lie ho made up his mind if the man nt throw up ilia hia hands he be would shoot him supposing lie he was a burglar suppose howesa lie was a burglar with allf a dozen ozen men around with burton on the point joint a of f gol goin n g to tho the city hall would he have b bum a au i justified u it filled in shooting him because lie refused to throw up his file hands I 1 think not T alie ile question before me is la what was the state of the defendants defendant a on wit 11 mini mind at that moment but there is no way w ly of reaching his mind what then thin is is t the lie presumption in in the liht light c of f all alin circumstances as aa to his feelings and liia intentions tile statute clearly says m B when a nian man hai bas killed another lie ho ein can nor bo be admitted to bill ball it if the p presumption rl of guilt guill ia Is great the court must till think t alie is vs u here is great and for that ahat the defendant bouti not bo be admitted to bull buil this is is not say ing in tho the inan lie ie guilty or that a 1 y might not bt believe lieve III ajla statement t myself strictly by tho the statute I 1 c can a rin not ot d do 0 otherwise thin than remand tile tha prisoner buck back to t ilia alie custody of the sheriff it will be so ordered tho 1 ho grand jury I 1 understand in in a fey few days so go that ilia his case will receive full attention in in a short time saturdays herald aada martin arose as cooly as ever eier and altera alter a low few minutes conversation with willi his attorney de departed arted in in company with two officers E in t the c hallway lie was w is met by a brother of ilk hn wife ii a mr ferguson ler guson who live lives on a rancho near bigham canyon this llna gentleman genelli ann was waa heard to say ay to a friend utter after liu lie had spoken a few minutes with martin ive told him film I 1 would see to i my ny sister sister and her child thata all I 1 can d do a for r him if I 1 could see that he was Ju stilled in any way I 1 might belp lot him i m it if lie he hd had shot tho the man when ge he haa saw w him looking in the window that might bo be all right but to walk him off it a block after lie had plenty of time to cool down why that I 1 cant can t see any egense for mr air 1 his hia sister at su es a that a she lie will stick to her husband to the last |