| Show THE NIBLEY NIB LEY ney examination THE arrest IN IDAHO ILLEGAL TIL tit DEFENDANT discharged mr charles W nibley was present at commissioner mckays office this morning at the time to which the pre Urn inary hearing bad been continued and was represented by his big counsel mr air kirkpatrick district attorney dickson dackson who has not for some jimb deigned to notice this part of the work butoft buti it to his ambitious satellites was present for the prosecution mr kirkpatrick raised the point that the arrest could not be legally made in idaho under a warrant issued by a commissioner of the supreme court of utah to anis tails mr air re eliad with a smile after remarking that in that event there could oe a suit sult for false imprisonment 0 yes it can anywhere in the united states and referred the defendants counsel lo 10 the following section of the rev revised ased statutes sec sec see 1014 for any crime 0 or r offense against I 1 the united states the offender may way by any justice or judge of the united states or by any commissioner of a circuit court to take ball or by any chancellor judge of a supreme or superior court chief or first judge of common pleas mayor of a city justice of the peace or other magistrate of any state where he may be found and agreeably to ane usual mode of process against a a I 1 ast offenders in such state and at tg the expense of the united states slates be arrested and imprisoned or balled as the case may be lor for trial before such court ot the thea united states as bylaw by law has cognizance of the offense sa A look of satisfaction came over the face of the commissioner as he be appeared to realize the grandeur of his big office and think of the tile fair broad land ove over r which he was to have undisputed sway away in cases under the th e law directed d against the mormon system of marriage 11 adark cloud I 1 howeth interposed when mr kirkpatrick quietly remarked that there was mani manifestly festy no such intention in the law the section quoted only referred to commissioners sio ners etc of any state where he the offender may be found and it was not possible to give any other construction st to the statute if mr nibley was to be arrested in idaho warrant should have issued irom from an idaho magistrate before whom the idaho officer should have made his bis return mr dickson admitted the correctness of this position and assented to the claim that the officer should h have ave applied to an idaho magistrate mr din kirkpatrick then moved that the defendant be discharged from custody commissioner mckay stated that as the warrant of arrest was not directed to a any auy ny marshal outside of utah the idaho deputy could not properly serve it his ills honor no however wever evidently greal great greatly kiy disliked to be deprived without a struggle of the great opportunity chien had bad a moment before seemed all his own and declared that t he thought he die had a right to direct a U S marshal in idaho or in any part of the united states to make an arrest at this juncture mr ur dickson su suggested that if the defense aou d accept he would conc edethe point ot illegal arrest and have mr nibley rearrested here this however was declined as the defense wished wished todis to dispute the commissioners power to go 10 0 outside of the territory Terr tory and on motion of the prosecution the case was continued until 2 this af afternoon ter at that hour commissioner mckay granted the motion of mr nir kirkpatrick and discharged the defendant from custody because the warrant had not been served by one ona of the marshals to whom it had been directed another warrant of arrest arres was issued and given to marshal marshai ireland to serve wm win goodwin Goodw ln merchant and dr stover of logan were present as witnesses in the cae they were not placed under bonds to testily before the grand jury the episcopal unius ter at lexan logan rev Mc Me Bleecker was present during the proceedings and aud manifested considerable interest therein t he r e in wednesdays DAILY dally ottov 18 fred hopt an order staying sta hta yint the execution of fred hopt which was set et for nov ten days was ranted hirthe lit itt the third district co court today to day ay deni dead jacob kraut the boy whose skull was so badly fractured by the recent explosion at the sait salt salt sait lae laic brewery and who has been lingering between life and death ever since lle ile died lie atthe at the sisters hospital this after afternoon haon hOon the nature of his injuries was such as to preclude all hope of recovery and i death was a happy relief ladies badges the ladles ladies who accompany the delegates from the territory who so go to st louis to attend the convent convention ion lon of the national cattle and horse growers association are to be supplied with badges alsol made of cardinal gribbon with a silver fringe embossed with a bulls head in silver and a horse together with the words J utah cattle and horse association in gold the emb amb embossing of which as well as that for the dele delegates ates badges was done in the NEWS bindery from froin beaver sherl sheriff ff hutchings of beaver is with us a delegate to st louis lie he expresses his determine de lon ion to go go to new orleans and take it all in whether his associates do or not this will be his first outing in manyvong many long iong ye years arsand and he proposes to make it go asfar as far as inclination and circumstances w will 11 permit ile he reports everything quiet at beaver ani and and in its vicinity I 1 with v th prospects of a continuance tin ti nance nuance of th that state of affairs for some time to come ile he is the only delegate from that part of the country certainly in his diatribe to the grand jury at ogden osden judge powers said the laws of th the e land lano must be enforced and guilty parties artles arties taught that if ahey continue in t their air evil course they must pay the penalty people must learn that the law can no more be violated with impunity in utah than it can be in the states well are not the laws jaws of the land enforced are not guilty and some that are not guilty parties paying the penalty right iong a along long have not the people already learn learned ed that the law can no more nor half so much be violated in utah t than ban in the states unless powers has a special mission to paralyze the en english lish grammar and neutralize common sense what is the matter with him the idaho prisoners brother geo 0 parkinson writes from the penitentiary at boise elty city idaho nov 1 tb 1885 as follows the brethren here are all and contented most of their time I 1 think being spent in reading and studying useful boo books Ns with which all seem well supplied we have ample time and exercise in thenard the yard yaro four hours to kep ki cp the blood in ar active tive circulation cula cu lation tiou and to 10 break the monotony of sitting or lying so long the warden guards and waiters are kind and pleasant so far as we are acquainted though of course are restricted themselves sely by rules and regulations that must be observed I 1 am informed that there are about 75 convicts now in the building and room for two more everything about the premises Is tidy and clean rooms warm warin well ventilated and quite comfortable still I 1 have beu ben ben in places rather more desirable agi 1 I notice the NF NEWS ws of the loth dinst containing my telegram from blackfoot states that my fine was loo which is a mistake it should read line fine of and costs of court 1 A R returned missionary we had a call on saturday afternoon from elder george J dent who returned in company with the immigrants who arrived on tuesday evening last f from rom a mission to england his native country after an absence from that landof land of twenty years he left this city on the of october 1883 and 0 on n his tits arrival in liverpool of was assigned to labor in the london conference the region of his birth and anti early experience ills his labors extended over kent esses essex sussex and hampshire more than eleven months of his absence bein being spen spent tin in the kent and essex district he tie held a great many outdoor out door meetings ings during the summer season at t many ninny of which he met with considerable opposition and enga engaged gedd extensively in the distribution of tracts and in laboring privately to disseminate a knowledge of the gospel how much good he accomplished he does not arb rrb presume to costim estimate ate suffice it to say he endeavored to the extent i of df his bis abille ability y to acquit himself of the duty required at h his asli ands bands and no one can do more ahan than this ile he spent sometime some time visiting his tits relatives but was unable to convert any of them they were generally too prosperous and too much engrossed in business to devote any attention to t the tie tle priceless message of which he lie was the humble bumble bearer indes the they treated him kindly however as n ost other people did with whom he was brought in contact ile he greatly health his labors had bad good health du the whole of and returns home borne feeling the better for hii hil his 8 experience abroad stock depredations A correspondent writing from frona west jordan complains bitterly of the practice which prevails of turning stock loose at this season of the year to roam at will and prey rey upon those who have unfenced kids rids nelds or stacks ile he says some people have au an idea that after the sixth day of Octo october berthey they have havea a perfect right to 0 allow their animals to run ran at large and alad that no matter how much dam damage a ge they do they can ino luo no be 04 nor the tho owners prosecuted our correspondent seems to be a man who is averse to going to law and would like jike to have the evil arising from the misi apprehension on the part fart part of the public as to their rights in the tile matter corrected without recourse to law we also think it better to avoid litigation especially ally between members of the Chu church churell reil reli and think there ought to be sufficient regard among them for one an others interests to render lawsuits over such matters unnecessary besides where recourse to the law is had for the settlement of such difficulties the legal fraternity are chiefly profited by it however for the er enlightenment of stock owners who may not know what the law is in the premises we may remark that their animals are liable for all the damage they cause to their neil nell neighbors ghiors fields in tramping over the fall grain or devouring bourin vou rin their crops and the damage cali can be collected the same as at any other season of the year we hope however that the authorities of the wards from which these complaints come notably the wards on the west side of this valley will use their influence with the members under their jurisdiction to prevent any cause for complaint from the depredation ot of animals and that their counsel will be heeded |
