Show PROVO POINTS I 1 there was not much going on in the first district court on wednesday or thursday the grand jury reported fiver five indictments two united states and three territorial yesterday afternoon the case of the be united states vs john durrant of american fork indicted for unlawful cohabitation was called at spanish fork foik last weak when the deputies made au early morning raid when approaching 8 sylvester vister bradfordt Brad fords place mr bradford saw them coming and attempted to escape thereupon deputy reunald ld emptied his revolver volver ic at him at least he fired four shots and some of them came within sita gini distance of the fugitive there them seems to be on erroneous idea on his subject of lulling killing people to prevent ven t escape under color of the law now the general doctrine on this subject eject is that an officer having a prisoner 1 in I custody for a felony who attempts escape es cape is excused for killing him it if he cannot be re taken but iche can be retaken otherwise it would be manslaughter to to kill him if a prisoner is in custody for a misdemeanor and he attempt to iLse t ape rt it would be murder if the officer fired with intent and does kill and if death was not intended it would be manslaughter A person not in custody at all but charged with a misdemeanor 11 can not be taken in any such way and the officer has ho bo right w whatever hat e v er or threaten him with avith fire arms OB the other hand a man is not life to prevent his ate unlawful arrest and of course has not for a lawful one the reason isthan is that the injury is not of an irretrievable nature he may recover damages for false imprisonment |