Show JUDGE TAKES IMES M advisement after hearing basting ill the evidence lit connection with the petition of Roscoe Gu moil for a abat rit of halte korpus judge bartim aho ho heard the case at nephi nepha on mondo after boon took the matter undera andera advise pending the submission of some smas authorities by petitioner petitioners petition ers attorneys torne sand and the cites answer thereto in the meantime the who was being detained by par barovian cita cit to serve oat a sentence imposed by the justice court was released on a 50 bond which lach was as supplied b lit ins his brother jess and F C van buren who lie were at the trill as witnesses it may be ten dai a or two v beeks before th the ruling ng Is u given the main features of the cue case which ins his aroused amused considerable in airest and much discussion on tl it e part of the public are am ally as full follows the th petitioner pleaded guilty on or about the 2nd and of june to a violation of tb the e pro prohibition isi law and was sea fined filled 50 or at hii days das lie he refused to pay the fin fine and ad the met mar shill shall sh ill couldn coulden thick t lock him up because I 1 of ma dequa jail facilities at that time lime he was site allowed ed by the caffi to go home thit night on his own reconnaissance reco and in the meantime the citi cit council coined ordered that he be taken to beaver slid and placed in led jail there until facilities were avail able here unable to find him when he went for him the officer made entry on the justice ustice docket declair beclar ing him a fugitive from justice returning to the city about a week ago lie was unmolested by the marshall mars ball who knew he was in town until evening and then arrested in m the dince dance hall and locked up to serve out his sentence 1 the I he defendant or rather his hib li brother ther jesa who is ia an ex servi bervic man ind and a prominent livestock man here consulted council during the defend ants absence flom the caa mal and ws assured that the seme sentence tace rin ran from the date of commitment and after fifty dabs had elapsed his b bio ther couldn coulden t be legally taken nilo into custody under that wit sentence tence act ing under that advice be protested and rather strenuously against the arrest and was tte next ro charged in the justice court with interfering with and hindering a public coffier in the discharge of his duty his comerio contention I 1 is that t hat lie he was resisting an unlawful act on an the pirt part of an officer and the legal at stat us of his case depends a on tile the out at wine come of the other one if the arrest at was illegal as cour coursed sei advised him that it would be then the case against him must be dismissed ind ad his brother must also be released under those conditions there to ty i be possible pos bible grounds for suit huit for dam ages agel against the officer jesssie jess sin formation leads him to believe that there is if the arrest was wait legal however the defendant must most serve out at the remainder of the sentence and jes jeas must most stand trial for or interfering the question as to legality of the proceedings then is now before the court upon petition for a writ of habeas corpus or ita words upon an application for a court order to take the defendant out of the cus tody of the officer the evidence was wait submitted at the hearing on monda city atto ny ney 11 C parcells Parcel ts and count county t y at ty G hunter lunt the ila city and it At Attorn torne ei durham morris morral J judge edge kim kao md ad kl erne he t of aph nephi t ill thu i i |