Salt Lake Tribune | 1915-11-20 | Page 14 | Rehearing Sought on Myton Charge

Gr EORGE M. SCOTT, first gentile mayor of Salt Lake City, who died at San Mateo, Cal., yesterday. Civ i ' w "77W "V"' frd if f ' Al' ' " ' K ' Kr; ,A ' ' I i ' ) ) ' 0 K I ' " S i X ' s A n t , i , ' 'ill I'- - "'y( i ' 7 ' ' ' i A iiioiT ON MYTDN CHARGE District Attorney Believes Action in Justice Court Is Partial Invalidation. Motion for an order directing the cotwty attorney to institute entirely new proceedings in the ca?e of Major II. P. My ton. who shot and kiiled K. J. Hor-ton Hor-ton two weeks ago, wa made in the district dis-trict court yester'lay afternoon by E. O. Leatherwoo'L the district attorney. It was argued and taken under advisement. Judge "Nl. L. Hiichie will render a decision de-cision on it today. The district attorney contended that L. K. Martineau, Jr., jitFtice of the pace, who presided at tho preliniinary hearing, hear-ing, made rulings that invalidated the proceedings tn p;:eh an rxtent tiiat he, ! as districr attorney, did r.ot care to pro-cee.i pro-cee.i in the di.-trict court with the trial of the cae. H is principal objection w as d ireet'.d against the action of the committing mait rate in directing the cnui.tv attorney at-torney to j-ue a new complaint, cdiarg-i::g cdiarg-i::g Nlvton with voluntary ii ailauji:ter. He argued that bv this a--iion the committing com-mitting ma in1 rate di mi.-,'l Lie first charge of murder in the ilrst ce-ree, Instituted In-stituted entirely new proceedii.g and bound the defendant over on a charge for which he lad not been jjivon a preliminary pre-liminary hearing. He said he was before be-fore the court to a.-d-; for directions as to how to proceed witn the cn-e. nnd that his own opinion was that the ?tat? should tart all over acain with a new complaint and jive My ton a now preliminary pre-liminary henrir. M. M. Warner. co-.:n?c for Myton. agreed in part with tie district attorney's attor-ney's contention. He admitted thnt U'.o n.'tion of the commit ting n:acist rate tn direct inc t he Issuance of a new complaint com-plaint eharir: g a different off on so and that the proceedings under that action had been rei.de red void, but ho contended con-tended that the lir?t proceeding under which My tm w a; given a preliminary hearing on the rhariro of murder in tho first degree had not boon invalidated and that the district attorney was free to carry that proceeding into the district dis-trict court.