OCR Text |
Show SEEKS RELEASE I FROM CUSTODY ! Beadle Habeas Corpus Case Against Sheriff Heard Before U. S. Court Arguments In the hnbens corpus proceeding Instituted by Herbert ,J Beadlie against the sheriff of Weber county, were beard by United Stales .District Judge Tillman D Johnson in the United States district court here. The matter was tulcn under advisement advise-ment by the court Beadle was sentenced upon conviction convic-tion of a white slave charge to a term of four months' Imprisonment In the countv Jail here by Judge Johnson John-son at Sab ixike on April 1, last. n Jul II. Mr Beadle, through hi lattorney, Joseph B Bates sued out a writ of habeas corpus on July 13. and which was made returnable on the same day. against Sheriff Pin-cock, Pin-cock, alleging he was Illegally retrained re-trained of his liberty for the rooson that he was entitled to his release from custody on July 1 1 The contention con-tention made by the petitioner was that the rule of commutation of sentences sen-tences by reason of good conduct np pilcable to state prisoners in the county Jail, applied to him nlthouffh Ihe was a federal prisoner, under hl lattorney's construction of acts of con-gress con-gress of 1 870 and 1 0 0 K The rule of icredlt for good conduct for state prisoners pris-oners allows them five days deduction for each month of their sentence, where the sentence Is for a period of three months to six months In the 'irgument6 had before the court last Thursday It became apparent appar-ent that the federal court would be called upon in this case to Interpret and construe the law of Utah relative to good time as well as to acts of enngress For many years past, it Is said, sheriffs of all counties in the statr have been releasing state prisoners pris-oners at the expiration of their respective re-spective sentences less the period of good time they have earned by good behavior. At the heating Thursday It developer! that if the Utah statute is to be construed strictly this procedure proced-ure on the part of the sheriffs In th past has been without wurran' In law, for the law apparently places the duty of ordering the release of prisoners pris-oners entitled to Rood time upon the pardon board at Sjilt Lake, |