The Salt Lake Herald

TWO MORE EXPECT THEIR FREEDOM TODAY.
James Howells, Alias "Silver Tip,"
Set Free and Rearrested-Result of Supreme Court Decision.
There was another run of habeas corpus business before Judge Hiles yesterday and today the performance will be repeated on application of prison convicts who since the decision of the supreme court in the Beddo case, contend that they are unlawfully restrained of their liberty. The two writs of habeas corpus issued yesterday turn today were applied for by W. Beddo and Charles H. Briggs.
The release ordered yesterday by Judge Hiles was in the case of James F. Howells, alias "Silver Tip," who has been serving a sentence of ten years on a conviction of attempting to commit murder in Wayne county, and as in all of the recent applications for liberation on habeas corpus proceedings, it was set up that his conviction on prosecution by the district attorneys instead of by the county attorney was void. E. W. Tatlock appeared for the prisoner and Attorney General Bishop resisted the application. Howells was, however, at liberty for only a moment, for Sheriff Chappell at once rearrested him on the old charge for return to the county where the crime was committed, to be retried.
The application of George Leonard for release, after he had been rearrested following the granting of a writ of habeas corpus, was withdrawn by Attorney Tatlock. District Attorney F. E. Woods of the Seventh district, argued that the plea of once in jeopardy was meretricious and Judge Hiles announced that the question pleaded in bar to further prosecution was one that a jury should pass upon and had no proper place in a habeas corpus proceeding. Attorney Tatlock then withdrew the application and Leonard will be taken back to Emery county by Sheriff Leamaster to be retried on the charge of burglary, upon which he was convicted and sentenced.
The hearing today on the writ granted to James W. Beddo will be the second time the prisoner has been before the court. On Dec. 3 Judge Cherry refused to release the prisoner because the remittitur from the supreme court had not then been sent down.
Charles H. Briggs, who is serving a twenty-year sentence for killing Policeman Strong at Provo, will also have his application for release heard today.