| Show THE SEAT IREAT CASE in the third district court at t suit litho L to ctr city or yesterday morning tha 0 to diniel daniel II 11 wells to be b aan gilted to luil bail argued before tile chief justice the oner was w arc in court ir fitch for lie abc acc wd mcd that tile c 0 would bo ita argued oil en nil an rp triplication for a arit of and major r mp mastead stead atlo of coun counse sl far defenso dof enso cont nned that tso tile J jury ury orrell erred ili hi findan i i indictment for murder in ilia ali lint first degree t t being the province of tho the pett petit t jury il then want on to shuw from authority au thorit lea I 1 it tut alt common law all of were baile lit and rach is the practice il III ilia hig highest liest irtis ot of great britain anil and many of ihn lea of this thin union if the ilia grand jury ced ca in ili the t ao finding ilia court could obtain is rma tion upon which to determine tha th fuel fact C r sl lq tha ilia witnesses whose i bics aro are written the ilia indictment the principal I 1 n abts cast case said ilia cou corneel nEel 6 is one of the tha artles ali charged antho in alio indictment IN ho ly by li it own confession is lie perpetrator of a i A blood thirsty and nj diabolical murder 1 is el lusion refers to cill bill blickman whose i ih it is tse to declare no human being uld aid ile believe lieve As mayor of the ilia city and nj if f ot of its police department it was furt er argaez that mr walls lvella should be al to bail in ia a reasonable sum sual which aich u rss prepared prop ired to give on oa tile sida of tile lie prosecution i skin and nd maxwell contended that tho ilia se was not one bai liUe under the alio statutes ot of utah aud and in english practice only be re not after indictment these gentlemen ng ag largely front from the tha books in support of jr ir position the chief justice raya gato his decision as liott without intending to have it regarded as a precedent in ili any other case I 1 will hold it I 1 leavo lave power to issue a habeas corpus cornus I 1 t bring these there prisoners before me and as ney ey have come in bel being g brought hero here by officer during the process of the i ont I 1 will regard them as being here on oil i 3 return of a writ of habba carpus c I 1 11 therefore tny that although I 1 was well vell ire are before this argument munt that in great itin and the united states a prisoner urged irgaz by indictment with aten a pital affonse admitted to ta but bail 1 still I 1 was convinced that in this else case it mid bo be right to depart from the ilia almost mi im verEl versal rule not only willing willin gr but acx us to be so convinced nay more I 1 ha have ve x ml ad to convince myself by arguments menta in edition to tho those ze of counsel th tint thit it it would right and expedient to do so a in this case in the th cra case of the people against daniel wells wei s hie counsel property properly my ny that the i landane is ia the mayor of the city and is H R the ilia head of the police force camp 0 iti glast the place where prisoners I 1 baiting trial in this court fire are usually detained is ii some omo aniles distant from iio city nall nail and from ilia iodence of ilia mayor in that camp it uld bo be practically imposE ibie for the 1 kyor to to any of tile the duties of his hia i lice ice slid and ther lie h could not be held ro re unsil ie for cir tile quietude and good order of 0 city I 1 will therefore admit him to bail pl in ilia case casa of the leopla vs jilt I 1 vill further r consider the application n 1 hie elie arguments and will rutth readi and ini ani nH naco aco co my conclusions hereafter enid thor thir proto cut ion w its n lo 10 the 1110 amount A tf 0 f tf 11 ld st OISE it a iraq 1 obort to ill z 11 ZU alls I 1 0 t will ja ill ni bof of 50 11 13 dai ither i en all as it appears n num age oart announced that tile tha dabic III rl I 1 tile p ne ise of wells should not we be a precedent a ent fur or ay iy furuie ruling and lie ho would not allow 1 i to be considered or quoted as suli such this morning was set as a elie time to hear a application of hosea stout to bo be admit I 1 to bail ho be beins being charged jointly with layor wells it in the indictment indi clinent for killing ates |
