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Show Sheriff Cited Into Court to Explain Release of Speeder Sheriff H. C. Peterson has been or-'dered or-'dered by City Judge D. R Roberts to appear In the city court and show-aue show-aue for not following the orders of h court In k-ei.ln; I- Msyard N-r-lan, speeder, In the county Jail for todays to-days as the commitment demanded. This morning Judge Robert Issued i formal statement in court ordering jnty Attorney Joseph B. Bates to ' prepare an affidavit containing the fA'-ts of the alleged unauthorized release re-lease of Nerlan by the sheriff and te notify Sheriff Peterson to appear In the city court at 3 o'clock Monday Aug IS. County Attorney Bates sAid thai he would Immediately begin preparation of the affidavit. JUDGE'S STATEMENT Judge Robert's statement which was made during a special court session ! this morning follows: The day before yesterday the state of rtah acted in the Nerlan case and 1 charged hlrn with lolatlon of traffic la us of the state by driving his ma-! ma-! chine at a speed greater than Is considered con-sidered safe To this Nerlan enr r.-d a plea of guilty and It appeared from the facts that he was traveling at a ! very excesslvo rate of speed between Pleasant View and Ogden. "The facts showed thut his si 1 was particularly dangerous while proceeding pro-ceeding around the turn at North ' 'g-den 'g-den where the pavement Is narrow ami that after passing this point ho drove his car at a speed not less than forty-five miles to sixty-five miles an hour. At thle speed he passed one , ehl le with no apparent regard for the safety of the occupants. II- converted the public hlghwa Into a speed course ' The court, after full consideration of the facts In the case Imposed a five-day sentence upon Nerlan and a commitment was issued and delivered to the sheriff directing that the- defendant de-fendant be confined for five days at hard labor. ORDERS INVESTIGATION "Yesterday morning the rumor was rife that Sheriff Peterson had discharged dis-charged the prisoner from custody and the court took the matter under ad- visement and ordered an ln estlgatlon. i The only authority that could supercede the commitment order and set aside the penally was the state board of pardons in Salt Lake, which haa held no meeting within the past few days and has not authorized the discharge of the prisoner "The court has sufficient knowledge at this time. I believe, to Justify against Sheriff Peterson for disregard of the order of commitment, and citing cit-ing the sheriff into this court to show cause as to why he did not carry out the commitment, i Judge Roh rt here Quoted authority under the law-under law-under which an officer may be hold I the unauthorized release of a prisoner pris-oner ) "By reason of this court being cognizant cog-nizant of the facts In the case, the court now orders the county attorney to prepare an affidavit of the facts to properly establish the matter and to No prepare a citation ordering Sheriff Peterson to appear and show cause as to why he failed to carry out the order or-der of the court " PERSON UL sTTFrENT Afte the court session Judge Roberts Rob-erts issued a personal statement regarding re-garding the affair in which h d --!ared that It was with sincere regret that he was forced to take action of this kind with Sheriff Peterson He said. ' I regret sincerely to take this necessary action. Sheriff Peterson and I have been neighbors for fifteen months and I hold him in high regard. re-gard. "I am sorry ho has taken the course he followed , no doubt not realizing what it meant As a personal matter the court would never think of doing what the law compells In order that no repetition may come on the part of other executives. "There have never been better friends than Sheriff Peterson and I and 1 want to aseure all concerned that It is not a personal matter and regret doing it as an official dutv ' ORDKRKI) rfERl N BACK Sheriff Peterson said this morning that he has ordered Nerlan returned to Jail to serve his full sentence and the man would be in his cell as 6oon as it was made possible He declared that he ordered him returned and had notified the officers of the compan which he is employed to get In touch with Nerlan and tell him to return at once t "I will have Nerlan back In Jail within four hours if this Is possible," Sheriff Peterson said. "The public seems to demand It and I want to fulfill ful-fill my duties ." Sheriff Peterson then explained that he thought he was taking the proper course In releasing Nerlan and his actions would bo of value to the community com-munity In allowing Nerlan to close his pending deals in real estate These deals were Important to the city Inasmuch Inas-much as they aided the growth and development of the community, he said. "I have talked to several persons since releasing Nerlan." the sheriff said, ' and they all have agreed that I took the proper course. "However, there has been criticism and for this reason I have ordered Nerlan to return and serve his full time in Jail." Sheriff Peterson called attention to the fact that there had been many instances In both the police and Sheriff's Sher-iff's departments where releases had been made before full time was served, serv-ed, and it was such a common practice when a prisoner's conduct was good, to allow him liberty before his full sentence was served. |