Show I II I REFUSES BAIL EM TO TO'S TOS BEERS'S S 'S SLA YE I I- I I Judge Howell Rules That Th t Walker and Lawrence Lawence Must Stay in Jail r SPECIAL I ORDER FOR TRI TRIAL L t I Court Holds He Cannot Consider Consider Con Con- S sider Evidence Strick Stricken n nt at t F Former Hearing riep Republican n Special Service i O Ogden Garten d n Nov O 4 rhe The order of or Judge r J J. J A. A of the Second l DI District court is that Fred C. C Walker and Edward Ed Ed- ward Lawrence char charged 1 with the tho tl der r of Dr Ea Earl l S S. S Beers Beer 1 shall remain i in the county jail until ft after r th the law ha has taken It its co course r e- e The court kant hand ed d down clown his opinion on the application for Cor bull ball h by the defendants in open court COHn this afternoon denying denying- rha re re- re- re quest t for Cor hail bail I 5 Tho rho court cOlin however how offers tho the de dc- dc- dc a speedy sped trial agreeing ag to take up tip the ca case e as GI soon oon n ns as s otheY i i- Im Im- Im criminal mae o hn been of all Walker S I and Lawrence were in court coU to o plead this morning morning- hut but A. A Q G. i Horn Ibm of oC counsel for the h defense stated th t W. W i R. R Hutchinson Is at t pres e ent bitt in Idaho and the arraignment nl was po postponed untIl Saturday S C. Cnn Judge Judg-e Howell in his hi- opinion up upon th the application for 01 api bail haU quotes t s the cOl constitution of a aAhl as follows All Ahl 11 shah Khali be ht lo h by nt sureties irel 8 except for j o when the proof r ft Is evident e or ci- 0 tho thit plc presumption a I I foi I of 0 COlU course Continue th the court coin to common common- 1 upon tho test test- ninny In detail Oi l' l to 10 n t rth It pico lf th td n J I r rc t n. n Mi ii 11 he improper r uie me jf tf 11 ILS artt 1 so nii n li ns CM t ho Iw S upon lon trial for Ol UK ci imo with i they thoy ore are charged a a jury of ot their peers peer 1 I do 10 not desire to suy i aught ht a that might flight hl in Iu ii nl 10 ny manner I tend to oj ease alC o upon Die tito final trial ti The defendant did not take uiko th I stand tand at the preliminary examination and tho the portion of 01 the evi 1 I dence which hick wa was offered In their be he- he half was wa stricken from the recOrd It I not having been heen properly connected FO tie o that of cour course u ma may bo be o that at nt atthe atthe the trial the Ut defendants can present a I complete excuse or Justification for fo the tho j homicide i I Council Not Agreed I The deci decision lon of this question ha has i ionly only been emb embarrassing to t the tue court ourt I because counsel for fol ni le were not nor I agreed as ns to the cW disposition which should ShOHI bo 10 10 made of matter r a n disagreement disagreement dis dis- dis agreement which inn may bo bit explained d Is Isby j by liy the tho assumption asumptIon tIa that the district attorney Is Js cognizant o or facts outside of the the record which justify him in III il taking the position he did di while his his his' nR associate counsel may not nuL ha have n i hen aware o of such fact facts ei in I passing upon this question 1 ani am of or I I course restricted to lo ine nc testimony ghen given given gh I en at tho the preliminary examination t froni fron which alone ant antI and Irrespective e of j I what whet there may be lie outside e- e of it it it I IIo does s not nol appear to me that I would I be in admitting the defendants defendants defend defend- ants ant to ball hail at this time lime sensing ln as ns I do the tho obligation obligations 1 I am under m l deciding de the- clung chUng this question both to protect the interests of or the tho state and safeguard nf guarr the tho rights rig of oC tho the defendants I or 1 realize ho however o el that the defendants defend I ants allIs aro uro entitled n II as f e lon constitutional right to a u speedy trial and ond therefore I am mn willing to make c It u special p setting I of ci this ease case at an any time which may b hI bt agreeable to counsel giving it pr- pr over ovex all aU ca e except otho 1111 criminal ca cases es already set t Ii |