| Show I KNOW UTAH By F. S A ALBERT j PHILIPS Daniel H. H W Wells ils and Hosca Stout were brought before Justice 1 for tot trial On n Monday Oct October 30 30 1871 1671 Tom FIlch Fitch attorney Horney a f for Tor t tho prisoners informed tho court that tho the case against the two m men n would be be argued on ona a cl writ of ot habeas corpus In order to bring tho t two wo o th the court to bo held to ball Attorney Hempstead in his argument contended contended con con- tended that tho tim grand Jury ha had erred In charging tho the defendants with murder In the first degree as ns that tho the province of the tho petit Jury Judge f for r the prosecution was Insistent that ball should not bo be given Then when Attorney Tom Fitch was about to close his Ills argument In hi support of his application application cation catlon for tor a a. writ of habeas corpus Justice McKean McKeon Interposed as follows I Without intending to have It regarded as a Ir precedent nt In any other case I will hold that I have power to Issue a B. habeas haboos corpus writ and bring these prisoners before bHore me ne and as they have o been brought rought hero by a ah nh officer during the progress of tho the argument mont ment ment I I will regard them as being hero here on tho re return return return re- re turn of or a a. writ of ot habeas corpus x I will therefore therefore there there- fore ore say that although I was well wen before this argument that in n Great Britain and tho the United States a. a prisoner charged by Indictment with a 8 capital capi- capi tol tal offense is s almost never admitted to ball bail still stillI I r was was willing to b bo be convinced that in hi this case coso It would bo ho right to depart from tho the almost universal rule lule Not ani only willing but anxious to be so convinced con con- vinced ed nay Ilay more I have havo tried t t to convince myself lC by arguments in addition to of or tho the counsel that It Lt would be right and expedient e to do so Inthis Inthis in inthis this case S S S In tho the case easo of or tho the people against Daniel II 11 Wells his counsel properly says that the is the mayor maor of or the Uio city lt and is 18 at tho head of or the police Core Camp J the place where where- prisoners awaiting trial in this court axe arc usually detained Isomo is some somo miles distant from tho tim city l hall ball l 1 and from the residence of or the tho mayor In that case ciso It would bo be practically impossible for tho the n ma mayor mayr to attend to any of ot tho duties of or his office and therefore he could not bo ho held re for the quietude and good Od order of the tho city I will therefore admit him to ballIn ball 0 In tho the case of the tho people against Hosea Hosca Stout I 1 will further consider the application end and tho the arguments arguments arguments ments and will reach and announce my conclusion Ii hereafter S S S District Attorney Maxwell t then asked tho the court fv 1 tr 11 r 1 time to be bo heard on the tho question of or the amount of ot bail baU and would fix It at but Justice McKean Mc Me Mei i Kean replied replied No o the defendant Will give ball bail In Inthe n I the tho sum um of or S S S Decision of ot Justice to admit Mayor Wells wens to ball astonished Mormons as ns well as non It t as was Mayor Wells who had prompted Attorney Fitch to t apply to tho the court for a a. writ of ot habeas corpus to tOI bring him into court to be bo held to ball bail bailand balland and while his counsel l declared that it would be in vain as the ilie Judge would not mt grant it Ma Mayor or Wells Vens persisted that tho tim Lord would interpose and this caused Colonel Fitch Filch to devote two nights and t o days to preparing a l. l masterly effort on behalf of ot his client which he ne was unable to deliver because the Justice knocked the props from under him by gr granting granting grant grant- nt ing his request o admit him to bail ball S S S Th The decision of ot Justice McKean was right It was pointed out by the tho defense but the tho district at attorney at- at torney and his deputy deput were overwhelmed with astonishment as astonishment astonishment as- as and anger angel A S |
