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Show ; Sheriff Turns i I Speeder Loose; Probe Hinted At I Investigation of the alleged un.iu- thorlzcd release from the county Jail of L. Maynard Nerlan laat night by Sheriff H C. Peterson is to be started today by City Judge l R Roberta. Judge Roberts yesterday sentenced Nerlan, a real estate saleman of Bur-ley, Bur-ley, Idaho, to servo five days in Jail after Nerlan had pleaded guilty of speeding Ha admitted having driven his automobile on the north gden road at a rate of speed exceeding forty miles an hour and arresting officer! testified that ho reached sixty-five mijes an hour while the sheriff s car wan in pursuit. MAY ORDER INVESTIGATION Judge Roberts declared thlfl morning morn-ing that the complete facts of the release re-lease of Norlan by the sheriff had not come in to him, but h would conduct con-duct a personal investigation at one and would determine what action would be taken following till probe. Whn questioned early this morning regarding .Nerlans' release Sheriff Peterson answered that he gave Nerlan Ner-lan his liberty in order that the man "might attend to business. " When asked if he had talked with Judge Roberts about the matter he said, '"This was not neceeaan Tin i uw was out of his hands when sentence was pronounfil I At noon today Sheriff Peterson said he had released tho prisoner late last night himself, after coming from a lodge meeting, lnirlng the meeting he said that he thought ibe matter over and decided this was the best course. J He stated he knew that the power ot release of the priaoner reeled entirely with the board of pardons In Lake and admitted he acted without official authority although at times! he had. in the past, released prisoners before their Jail term was completedil feeling that they wen properly pun-! I lahed When the news of Nerlan's release) swept the city this morning a wave of. rage and resentment - came from the' friends of Harry Hank" Bell, who Is now in the city jail serving a three! day sentence for speeding The brother, broth-er, Joseph Bell immediately sought conference with J Ray Ward, commissioner commis-sioner of public safety and demanded J that his brother be released. He de- clared that discrimination was being shown. Commissioner Ward refused to release re-lease Hell and explained that the po-1 po-1 lice department and the sheriff's of- I I flee were in no way conected. He said I J that action taken by the sheriff In no1 way affected the police department on city prisoners Commissioner Ward would not comment on the Nerlan release for. publication but declared that motorists motor-ists sentenced to the cay ai in i represent re-present campaign would serve their complete sentences, and that Bill i would not be released until his sen- 1 tence had expired lie said he would 1 uphold his officers In their arreal of , I! i speeders and would do all In his pow- , I er to see that their Jail sentences were , I served Action taken by the sheriff J I! he said would not affect the campaign ' I which is now being waged against ( I speeders within the city and his offi-j; 1 cers would continue their vigil with all1, I Intensity. I MIOl l,l FOLLOW OH ItT ORIH.RS J( When Judge A. W. Ageo of the dia-lj HJ trict court was questioned toda re-j j garding the authonu fpi Che release H'4 of prisoners he explained that the i board of pardons was the only bod!; which could authorize pardon of a II prisoner who had been prosecuted un-i Hp der a state statute lie stated emphat-v j lcally that a sheriff had no other offi-;i Hj clal course but to follow the orders ( of the court. j County AttorneS Joseph P. Bates, who proseauted the Nerlan case and was prominent in obtaining the conviction, con-viction, said today that he would conduct con-duct nn investigation of the refeeee. Until this is completed he said no official offi-cial action could be taken. County Attorney Bates said j "If h- prisoner was permitted to leave the county Jail it was certainly without my knowledge or consent No ! definite information as to the facts lias as yet been glvn me, and 1 have I therefore, no further statement to make at this time." Sheriff Peterson said he know that I tho state board of pardons has the power to order a prisoner released without authority. Deputy sheriffs this morning at an early hour apparently did not know that Nerlan had been released as his name was still contained upon the list as being an Inmnte of the Jail. They would not comment upon the affair. af-fair. SHERIFF EXPLAINS I At noon today Sheriff Peterson explained ex-plained his actions In the Nerlan release re-lease and said that at 11 30 o'clock last night he went to the county Jail and released the man from his cell. Nerlan he stated, was delighted with the Sheriff's decision and said. "If you had kfpi me here six months I ouldn't have learned my lesson better " After thrashing the matter over I carefully while 1 was in lodge. I decided de-cided that the man had taken Ills punishment." the sheriff said. I knewi that probahl many persons would not iKree With nie in the matter, but If I have done wrong 1 want to be corrected." cor-rected." "Otto Meek o.-inie to me yesterday afternoon and explained Ni-rlan was a salesman for a real estate addition which is Ix-lnp boomed here and had j many deals ready for completion. What would happen?" they asked, "If prospective buyers would come to the city and find Nerlan In Jail?" "This real estate addition, in my opinion. Is valuable to the city of Og-den Og-den and to keep their salseman in Jail would mean the crippling of their j business. Nerlan was brought to thei Jail shortly after 10:30 o'clock, follow-1 ing his sentence and served time until I 11:30 o'clock last night. I believe this was sufficient to teach him his lesson I released him solely for this reason It was mv best Judgment " "FOR BUSINESS REASON." "It may be true thnt officially I have not the authority to lelcase the man, but 1 did It for buBlnesu reasons." It Is expected thnt the investigation f the release of Nerlan WlK be complied com-plied tomorrow. It was intimated that both Sheriff Peterson and the prisoner may be charged with con-t con-t mpt of court as a result. N"rlan was one of the first speeders speed-ers to fall" into the hands of the offi-ceis offi-ceis in the present campaign against speeding and reckless driving. Deputy Sheriffs Dick WoottOO and Bert Crltes were the arresting officers. During :h- trial Deput) Wootton testified that Nerlan was followed by the sheriffs :ar and attained a rate of speed varying vary-ing from forty-five to fifty-five miles m hour pom Ing Into Ogden. Nerlan id m It ted having exceeded the speed ;mlt and said he was trying to catch i machine ahead from which sparks KSre dying from the brakebands He U peared stunned when given a five-lay five-lay sentence in jail. The commitment sent bv the city :ourt to the sheriff ordered that Ner-I an be unconditionally held In the JOunt) jail for five days. Judge Rob-! rrts said today. |