Show PARK MARSHAL HELD POK FOR A HIGH highhanded HANDED OUTRAGE the preliminary examination in the ease case of james cescel marshal of park city on n the charge of extort extortion iop came caine charge aijo up before ef 0 r co commissioner m missioner iss ioner maksy yesterday ter S afternoon f ter 00 C D atkinson and franx frank H thomas the two drummers who had been fleeced I 1 by the marshal were sworn a and gave their version of the affair which was the same as the first statement of the case this was that they had ordered two picture frames at a cost of 3 each when the billa bill wa presented it was basior lor each they took one frame at this price and left the other afterward they let left t park city I 1 on tuesday whey they were followed by marshal cescel ardd mr osborne orne who made the frames and were com compelled P belled by the two latter t to 0 p ay before they were perm permitted itt e d to t 0 continue their journey several witnesses who iwho were on the stage corroborated the th account of atkinson and thomas as to what occurred at that part of the proceedings this closed the testimony for the prosecution ec ution and mr dickson asked that the accused beheld be held to await the grand jurys action mr W 1 I snyder counsel for the de police justice F E james of park city as a witness the latter te testified titled that he issued a liv arraut tor for the arrest of atkinson and thomas and gave it to the city marshal to serve the city ordinance making it a criminal offense for a person to order goods and fail faildo to p pay ay lor them was introduced in evidence mr dickson objected d to ft A RS as park city was not empowered by its charter to pass as such an ordinance commissioner mckay remarked that even if it were admissible it would have no bearing on the case as it did not authorize the defendant to compromise the affair as he had done mr snyder suggested that the complaining pla ining witness was present and was authorized to make a settlement marshal beseel was was then sworn and testified in his own behalf he said that lie he had been given a warrant of arrest to serve on atkinson and thomas followed them about ten miles from the city before oyer overtaking taking them he thought that teat as osborne the complainant was swilling he wild authorized to make the settle ment he had done on oa cross examination by mr dick son the wit witness ct c uld not give a lucid explanation of the bill of costs figured anthe on the back of the warrant these were for the frame 2 for mileage mr osbornes Os bornes time 3 forthe for the police justice mr dickson wanted to know why this was wa s included when there lidd had been no hearing and the jus tice was not entitled to anything g but received no reply two other ite items ris for 4 and which were required to make up the total of 20 the defendant could not explain but paid he knew what they were tor for when he put them down mr osborne testified that he had bad made the frame for thomas and andt atkinson t but they had not paid for it he then made complaint against them and went with the defendant to make the arrest thought lie he was author authorized iced in making a settlement marshal said the costs would be 20 but took 1960 to make it square at this statement the commissioner remarked he acted as magistrate on the road did he be but received no answer mr dickson was unable to get any explanation from mr osborne as to how he reconciled it with his conscience to swear out a complaint against the men for obtaining goods under false pretenses when his bis own state J ment showed that he had not delivered the frame but that it was still at the painters to be mii shed the district attorney then asked that the defendant ant be held wu on ithe charge of extortion mr snyder asked that he be discharged as his action achion was in ignorance of the strict letter of the law and he thought he was doing his duty properly mr dickson disagreed with this proposition and characterized the de fend fenc ants lants action as a highhanded high handed outrage he had bulldozed two strangers out of all he could he could pot not account for the various amounts which went weilt L to make up the 20 I 1 if i 1 had been an honest mistake the district attorney would not ask that tho the def defendant be abeld held but the circumstances cum stances and evidence did not justify such a conclusion the commissioner said that a criminal process was not the proper way to collect a civil debt he understood there had been considerable of this improper method of procedure around inthong camps and it should be stopped he aben then fixed the ball bail of the defendant at aw F E james and john M young being sureties |