Show is what kimball C I 1 ti leril to drag william budge g from tile lie COURT N I 1 S j PRESE NUD 9 k 6 A vexed idaho deau deputy ty betrays his aillo ft HATRED ihl 1 HeLen helennae nau swaggers staggers Sw aggers swears find threatens THE OTHERS LOOK ON aa an litoni shing spectacle et of judicial rogera attempt to insult judge emerton emerson tho habbas liali eat corpus caso of 0 president bhim nudge budge of carls idaho was as concluded before judge 1 night it developed into driling proportions proportion a and may arll ell rank as tho the greatest p case BO so far in ill judge hendersons utah experience tin writ urit of habeas corpus was denied and he the petitioner was remanded lie ile was then taken in in arrefa by AV S klopson fl opson deputy Il arshal of idaho and anti subsequently was admitted to bail in tho the eum sum of ahen ho lie was arrested rearrested re on another I 1 warrant and again admitted to bail 1 in hit the sum of the proceedings and events of the night were een sell sat national ional and they form a chapter I 1 be placed fully on record at 7 tho the hour appointed by judge for the delivery of lim ills dee dc ision upon the application fr cr william Bud budged geki discharge under tho the writ vit lt of habeas cori aiji issued by him some u forty ei ht hours previously pre bously the petitioner alvill ill tru ra budge and hie his atto attorneys C C hw giarde 11 II 11 II J N kimbill b ill tind and IV it 1 white m ere in court awl a largo large crowd ot of spectator A con biln chig of members of the bar and othar interested parties were also pr art nt some reason the judge 1 I 11 I 1 not appear until 8 and e i u then the matter was not eoon soon t taken up tip because several 1 of oilier ter items of if 1 mane s secand to require attention lint bill even lie tile most niost disagreeable thing must be reached at last and arid hie tile finally ren encountered countered ti alio to gran grzac c undertaking ily tins this timo time W V S hopson deputy fur for idaho laho I territory ogden Ammi stant district attorney tor for vt ut ih ill and a person known as L R kocra abero acro present the latter alvo tw 0 individuals the ropon leits in in tho linga A AIM by una this time nearly all lie the meni vr V r of the bar a had assembled I 1 in n antwi antii pation of an interesting matter it was a expected that the court would without further delay render a 11 dassion of the v eighty weighty quention ahn chieh li had ad been so long iong under cone favrat ion but when ho lie announced his r tidiness to proceed to hear bear the case a for respondents offered to file wd wh if it they called an amended return or r a further return to 10 the writ this range document docu doctu nent recited that pinco pince thi th coriner iriner return had bad been made a auty elial from idaho territory had ii id appeared in in ogden A ith a bench judge ho the third judicial district of idaho and de led the person of william bit budge dp d P respondents therefore afkend that the writ lc iw denied and ind that hetico laiti oica ter ie to remanded couepel for or tho the objected to 0 o the filing of such buell an amended return on oil allete grounds that nothing in either the first or w ond md return showed any authority in in the tile united states marshal of utah or any if if hia ilia deputies to arrest or dc de td t i william budge abat tb it the only ci evidence yet 5 ct produced hm iti willum villiam budge avas liable to arri arv R ft as a fact m chich bich aroe aro e euliva launt quent to the dite dato of issuance of writ fl ir r tile lie warrant described in tile amended return wag was dated at black ft idaho juno june ad 1847 1997 abile hilet the bo ar 0 of william audgo wai wag made at aln june julle 2 1887 that the tile only matters proper to bo be considered in a return liy by respondents 10 writ of habeas coas were facts act II tai itin LItin at the time of arrest or hsu aa of writ nt lor for counsel for petitioner stated tle tb question luc stion taken tinder ad vi by the coul t was whether there vas was legal 11 authority antho in tho marshal of utah territory to arrest and detain NV lliam Illiam budge and counsel added guell cli a proceeding might become in I 1 enni nible if it a court could keep continuing I 1 a question of thie this kind from kiino to time nad and con bi dering now facts I 1 which vero mere constantly conet antly arising ari eing lt tit the court stated that lie wag was inclined to the opinion that the amended return k should I 1 bould be filed evidently thia this meant an instruction to the cleill to file die the return because a moment later when the cour court asked tasked apparently in some surp surprise rigo was alio bench warrant from judge hayes dated after the issuance ol 01 this writ of habeas corpus and arid the junior counsel for respondents anen cred in a half apologetic tone yes sir air well said the court resignedly the return ie is filed now anyway and it is too late counsel for tho the petitioner then ex pied to the ruling and w asked ked that the tile exception be noted and arid a full record bo be kept of the proceedings in this matter clerk henderson Hend ereon evl dently was as much surprised by tho the turn of fr a ae the court and replied that 1 lie c had not made any record of I 1 tho he ma matter t but counsel for petitioner could prepare and cupply him with mith fruch such record as they desired the introduction of thia this amended lie the appearance of tho the case materially materi illy the facts which judge henderson had taken under advisement vi and arid upon which lio lie would base his lus decision were v cre no longer the only facts the last question presented was of quite ag great magnitude ae as the first ua and at tho the same rate of pro gross would mould take another forty eight boors or longer for decision apparently that their work was all to bo be done over again and evidently getting weary of tho the tedious delays counsel for the petitioner tit ioner made a formal motion for ina his discharge under the tile writ oi of habe habacht S corpus the judge asked what hat tho the court should dewith do with sir mr budge if he was discharged di whether deputy hopson would re arrest him or not and mr richards Kic hards counsel farmr for sir budge replied that ia is not in this case your honor such a question is not before chiq court the only point at issue hero here is m whether mr budge ie is to bo be discharged from the illegal custody in which ho he 19 held if your honor decides to discharge him mr budge m will ill have caro care of himself and deputy carry his own responsibility upon this tin s point a brief debate ensued the court was clearly desirous of getting full information because lie frequently asked wh what at do you think of it mr hiles what yo yoi you think of it mr rogers Ho gers if tho the idea of hiles and roger was any clearer on the buo sub eject than was the idea ideo of the court they possess a mot moa extraordinary fac alty of disguising their intelligence the court cut tho tile gordian knot by granting all that counsel for respondents requested he ile denied the m writ rit and arid remanded william budge to the custody of deputy marshal exum in rendering this decision and in the tile matters leading up ill to it tile court took judicial cognizance of tile presence in tho tile courtroom court room of deputy hopson and stated deputy exum can do as lio lie pleases now but the deputy marshat from idaho is here and if mr eburn refuse refuge to turn film mr budge over I 1 would or order d er mr budges discharge counsel for tile llio petitioner excepted to the tile order refusing his ills discharge then ensued a aply of two or three minutes which was occupied by mr budge and his hi counsel in waiting to see what step would be taken by deputy exum who lie had tho the petitioner in charge cli arge or by deputy bropson II opson alio ito had corneto coi neto take him in custody tin this s same delay was occupied by the deputies named in pre preserving erving a f tato of masterly inactivity the monotony was broken by mr budge who under instruction of ili his co counsel proceeded to a corner where deputy hopson was standing anil and surrendered himself bilto that officers offic 5 erm care a tilia this proceed proceeding ift rather amazed the spectators until a moment later mr budge fitall under tinder the instruction of bis ilia counsel demanded of 0 deputy hopson that lie bo be taken at at once before the district judge who was then present on the bench and admitted to bail mr budge then went personally to the judge with his counsel and together they made a demand for an order admitting the tile applicant to bail the warrant field by deputy hopson was also taken to lie the court and exhibited this was wag a bench warrant issued by james II 11 clayes judge judo of tho tile third judicial district court of idaho territory requiring the united slates states marshal of idaho to arrest william budge under tinder an indictment for unlawful cohabitation tho tile warrant wai wag dated at blackfoot idaho juno june 3rd ard 1887 upon the tile back of it was endorsed admit to bail in the tile gum sum of jamsa 11 HAYES judge these last proceedings bad iwen been quietly taken and anti heir their nature was only apparent to within the bar but later the attorneys for tho tile applicant made another formal demand in louder tones that lie be ud ad knitted to tobiel bail under tinder factions 1014 and 1015 of the revised statutes of ho the united states hey they quoted as a follows sic 1014 for any crime or offense the united states the offender may by any justice or judge of the united states or by any commissioner of a circuit court to take bail or by any judge of a supreme or superior court chief or first judge of common pleas mayor of a city justice of the peace or other magistrate or any state where it lie may bo be found and agreeably to the dual modo of process aga against inist offenders lenders of in such state and at the expense of the united states le be arrested and imprisoned or balled as tho the case may be for trial before such court of the tile united states as by law has cognizance of the tho of luense rense copies of alig process shall be returned return a I 1 6 speedily us its may roa bo be into the clerks office of puch flue I 1 court together NN ith the of the wit witness nees for their appearance to testify in in the case and where any offender or is committed in any district other than that w hero where the of benso ia is to IKS ile tried it shall bethe be the duty of the judge of 0 the tile district m where here such ench offender or witless is is imprisoned imprison eJ seasonably u to is issue eue and of the marshal to execute a warrant for his removal to the district hero where tho the trial is ie to be had SEC 1015 bail shall bel bo admitted upon all arrests in in criminal cases where lie the offense is not punishable by death and in in sueh cases it may bo be taken by tiny an of ali persons authorized by the preceding section to arbert and imprison of offenders renders 1 tho the court looked worried deputy If arose and eaid said your honor if this question is 19 to bo be decided now nom I 1 desire to have tho the district attorney present to represent me inc the tit judge looked relieved relies ed and said yes send for sir llilas 11 mr hiles camo came in after a a little wait ait and there ensued a scone scene such as is is rarely uit witnessed nosed ili in any court room in in america it w would iw have been arri lising if it hid had not been pitiable lilies hiles and rogers resisted ho the application for bail claiming that no ft arrant warrant of lav law existed for such a tiling thing at one point mr dogem was mas apparently about to bottle settle tho the entire question to hia his own satisfaction if not everybody present when mr hiles Hilca said in in that emphatic tone of his m which ft would be ferocious il if used by b anybody an body else elge you inia hold told on a minute and then 1 lie I himself proceeded proceed eJ with a characteristic speech in response counsel tor for the ap carit showed that not only was tho the lav law plain and unmistakable upon tins this point but that precedents within the personal knowledge of everybody eor body present lial had recently occurred nota bly the cases of jolin john IV young w who ho was ft as arrested in in the east on a ft arrant warrant issued at salt lake and admitted to bail upon application to a magistrate of foreign jurisdiction ind and the case of septimus IV sears who w a as arrested at chicago on a similar war rant and there under similar circumstances admitted to bail the fact waa was further furt lier cited that at the time of tho the arrest of george Q cannon at winnemucca W inne judge zano zane and attorney Dicks DiCk FOll fixed the amount of bill bail at and to winnemucca Winne that the magistrate there should accept that amount of security and release mr cannon to appear before tho the court at salt lake counsel further furt lier showed that it was evidently the intention of judge I 1 layes that such a course should bo be pursued beca tiso lie hid had endorsed upon the back of the w arrant warrant lite amount of bail which ft would bo be accepted this w arrant warrant was issued by J judge I 1 layos m with ith a I 1 full ull kanom knowledge ledge of tile facts that W illiam william budge was ft is at ogden that the warrant would be served here and that doubtless application would be roade made tor for hia his release under bond judge henderson did not seb that sufficient grounds had been shown and anvil remarked partie parties should hao have known that tins this question wai was likely likel to arise arise and should liao have como come prepared to cite authorities ties to the court counsel for tile applicant said your honor A we e hao have no idol idea that authorities on such a point would bo be asked we hie have quoted tha lie uni united d states statute plainly tin this section has ha no annotations showing ing cle clearly arly that it has never until now been brought into question because all other factions which mich m have been questioned and ruled upon authorities noted on lie the margin counsel o 0 eaid said this thi eier very patiently but ono one of them remarked after afterward the request for authorities on such a phin plain point its this was dumbfound ing I 1 waa was aa as much surprised as it if a court had hall ahkee mo me to quote anti authorities orl shiow showing ing tho tile right of a defendant to be discharged dis after having han ing been ac quieted at the banda of a jury every bod y know knows that when a inan man ba s been found not guilty by a jury he is entitled to hie bis but a court were to my ea well I 1 dont croft about this I 1 hao have gwo grave doubts as to my ni right to bisci irge this defendant has thi question ever been ruled ul upon ulon on what hat do you think of it mr air what U hat do you think of it mr koger parties should be 10 prepared prep ired to meet a question of this kind cheri ft lien hoy they know it ie Is likely to arise arise I 1 haat seen hundreds of defend defendants inte discharged on acquittal al but if it my own life depended upon it probably I 1 could not find a caso in the books where a ruling had been mido made to that effect for the simple reason that such a absurd question w as biever cr raised by any court in any civilized civilised civili civill sed community tile court appeared to bo in in a most state of indecision when mr richards stated a point with his well known om emphasis tile judge won ft respond 9 i know but and han when mr illee hiles would mould mako what ft hit he lie thought wai was an argument the court would botill yea I 1 know but 11 or well mr richards Ric hird I 1 dont know about that well mr hiles I 1 dont I 1 know about that really cally ll when counsel for the |