Show T J t I ELIZAS TROVBLE FOR CONTE3IPT Tin TUirtt Commitment Will Send I ler to thc Pen Again Unless the ffffnbcns Corpus Sim 11 Release Her Marshal Ireland went before Commissioner i Commis-sioner McKay this morning in the StrI key commitment case and was sworn He certified to the statement that the i i application had been made today for the I discharge of Miss Starkey No application applica-tion had been made on either case until today and the Commissioner considered no time as served on the second commit 10 tme 1 meat and refused to discharge her The following application was presented before the Commissioner asking for the I i discharge of Eliza Rtarkey I I United Slates vs Charles J White Unlawful cohabitation i I hereby make application for discharge j from imprisonment in the Utah penitentiary peniten-tiary under the provisions of Section 1042 of the Revised Statutes of the United i Slates and in support thereof state that I on the 22d day of June 1885 I was 1 adjudged guilty of contempt by said I Commissioner in the above entitled pro i cccding and sentenced to pay a fine of 100 and to stand committed until said I line was paid That I have been im I pri ° oned under said sentence for more I than thirty days for nonpayment of said fine and that I am unable to pay the same I Dated August 29th 1SS3 ELIZABETH A STAUKCY I Miss Starkey took oath that she had not twenty dollars of any kind of property proper-ty and upon this statement asked the advantages of the poor debtors oath Miss Starkey served thirty days imprisonment impris-onment for contempt before the Grand Jury also thirty days for a fine of 50 for contempt before Commissioner McKay She was discharged at the expiration of sixty days while a second fine of 100 for contempt remained unpaid Her discharge dis-charge being an oversight she was yesterday yes-terday rearrested and brought before Marshal Ireland to pay the 100 or go to the Penitentiary according to law She chose the latter and staye at the Palace last night This morning she appeared before Commissioner McKay Her husband attorneys Yarian and Kirkpatrick and several reporters were present Some discussion arose about Eliza not making affidavit to the poor convicts oath at the expiration of her first sentence which would have entitled her to freedom now But as it is the Commissioner refused to I discharge her from the commitment until she serves thirty days as provided in Section Sec-tion 1042 of the Revised Statutes which will then give her another chance at the poor convicts oath Mr Kirkpatrick took the case before I Judge Zane on habeas corpus and it came up at 2 oclock I |