Show W r important decision his hla honor chief justice kinney on peti ution tion of James graham setting arth forth foith that he was illegally held in custody issued on monday a writ of habeas requiring the warden of the penitential penitentiary r r to bring before ben 0 re hun bun the body y of the said grab Grat graham arnin in 0 order th that at 1 an exam examination nation mi might be had into the matters set forth in said petition graham had been convicted of lar larceny ceny by the probate court of weber county and sen san to twelve in oaths i in i a i bic tap f penitentiary five of which wh ch he be has aili alii ah P idy served save and except the short respite he be I 1 joyed enjoyed at the wholesale escape a few we Is back win vm 1 I appleby and wm win A hickman appeared aith rrt conr as ag counsel 1 yesterday before the chief justice ju tice in chambers the hirst point set forth by counsel was wag that they could adduce evidence to show the innocence of the prisoner and the error of the probate court v ili lii hib hit honor decided that hat oral testimony be introduced before a judge adjudge in chambers reviewing the verdict of the jury jary in another court that counsel had bad thir th ir remedy a binl r I 1 could appeal to the district court but it NN as no nok not taft th V Q of a judge etting 41 in champ abts to XV a case that had haq once been tried upon its merits the next and min ain question marde made by counsel for prison prisoner eriv was i as as to the jurisdiction of the probate court urging argin that said court had diot didt the toaty to aty cases arising under the criminal code of the territory this I 1 question was wab promptly met and decided b by y the he bourt court and a construction given to the section 0 of the organic 1 act which lod iod all judicial power in tile the supreme district and probate c courts burts and in justices of the hatae s the court holding as judieh J adleta ie in part confided to the probate courts courte and as the organic act provided that thai the jurisdiction of the several cagas should be is sis limited by law and as cong grees ress rees had inferred upon the legislature le 0 the refer to pr provide orige for the exerene exercise of judicial functions by y the probate courts couris and it haying having koh Aoh eared Fared fh right upon such buch courts to try awes arising under the criminal code cor mth the district courts that the criminal aras properly prop erly tried and convicted before the pr probate abate court that these theae coarts courts were merely statutory hutte butke dut put he power conferred erred by the organic act i upon the district courts as courts of chance chancery ry 1 and law could not be interfered with by ay iy the legislature aware rf the examination till tilt it I 1 i too hata late to send seed our reporter to make a full ull report or of the thi proceeding we hope that IM his honar jai jav horWill wili wiil find lent leisure to fur furi f ur 1 nish us the that opinion eln ein full for publication in our issue ise |