| Show I In HABEAS CORPUS PROCEEDINGS 1 I It n M auer MT to tn s tirra Ut Ogden Nov No o 21 IH who vho ho was at Perth Houth Hauth Dakota brought to 10 Ogden Osden Saturday right night nr nl for to his hit own on use usa property prop of ot the Southern com corn company compall pany pall amounting to JW z has changed its his mind about bout being at rested arrested without II a 1 warrant and Ida hla to settle ettIe the tho matter up ill lie He consulted jo af afternoon IIrI I with Atty tt tty W 1 I L on Oil tho case ca e which his hili attorney pic pi pared n a petition In habeas corpus ret pet petting retting ting ling forth that Saucer aper hall had been be 11 In tho th county Jail and Is ts being held there lh re by b Sheriff Joseph W V r halley unlawfully he hp having been arrested without a n warrant or without any charge chuKo char e being preferred him The Tue petition wan presented to Judge JIH e How Howell ell who ho set net et last Illet evening at nt 73 as tot the time for hearing on the After this notion netlon had hall been licon taken by Iw tho the Southern Tactile company was Willi ae consulted and u it complaint was sworn to by b Detective William Sullivan charging with a u felony felon that of ot the property In and a warrant for or his arrest is issued out of or Judge Murphys tI r urt and ond served on him at the county count I Jail At t the appointed hour and 1111 hearing on t the petition was vaa taken up by Judge Howell The Tho defendant was wis brought t tutu Into court by hy the sheriff He lie rep represented represented represented resented by Attorneys s W V L I Maginnis rind 1 DesTIne Devine and the state was wa represented rented by b County Attorney l Sheriff Halley nalley was wat examined and tes tea titled that thul ho he took Hawser Into custody cn tod Sunday Bunda he lie being turned over overto to 10 it the by b Special the Southern In answer van an of o the sheriff stated that the g to 10 corpus proceedings In the h habeas papers were placed In hIs hand a II few tew to the tho time when the n warrant arrant for tor his hla arrest was WIS delivered to him but the warrant was as In the po of ot otone one of or his hie deputies de previous to the time of ot the delivery the de ivery ery to Sheriff Bailey Dalley of the habeas papers Judge attacked the written answer anwer In the case caso h by Sheriff Bailey wherein he mat lust set et forth that SAW nor was wan held Nov Now 19 H 1 on an oral charge chalI of or from Officer Sullivan and second that tie lie was being held hehl Nov 10 50 20 2 on a n warrant from front the tho municipal court Attorney Maginnis also ala argued uell Unit the wan arrant ant of ot arrest was not complete as ns It lId did not set forth facts and therefore wan as not valid VII 11 1 also that the tho Jurisdiction jUrl of the lower lover court was VMS as not set lIet forth In the warrant of ot arrest or II other papers In the cate cace and argued that thal the tho habeas corpus proceedings were welo brought previous lo to the Issuance of ot the warrant and ami the court to decide that at lit that time defendant was wile unla unlawfully unlawfully fully tul held helI Attorney argued that the wa WM ts In Keeping with tho the stat statutes statUtes utes ule i nd that the question for tor the court was us Its to in whether at the time tIIe of or the thc hearing on in the th proceedings defendant was legally livid held h null mid not at itt th the time when shen the vere brought At Al th the request el of ot Judge Jud o Ma Ia the court took the of ot Juil under t advisement CUSTODY This mornIng len the case cn vaa Killed railed by Judge How howell Howel ell for or hearing the thu court heM helLi that tho the were ero detaining the man unlawfully and therefore ordered his discharge trout from custody I |
