The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-02-10
THE ROBINSON MURDER.
Is Called up and the Indictm snts
Dismissed.
The Defendants Object, and ASK
For Trial.

q u6I6uO40te we're represented
Messrs. Tilford & Hagan, and
Judge Dusenberry; District Attorne
d VanZiie appearing for the prosecj
D ton. Mr.. VarZiIe arose and move
= that the case be dismissed, as he hs
d not sufficient proof to warrant tria
e or which would justify the expectatio
of convictioz. @
Judge Tilford resisted the motion
He read the following affidavit on ia
matter:
LA the District Court of the Thfr
Judicial District Of the Territory {
Utah, Salt Lake County.
The People of the United States, in tn
Territory of Utah. Indictment 70
murder in the first degree.
SALT LAKE COUNTY,
UTAH TERRITORY.
Adam NJ. Paul being first duly sworr
deposes and says: 1 am one of th,
defendants in the above entitled action
That the indictment in said action, a
appears by the records of said court, wa
found by the grand jury OF said court or
| the Sd day of August, 1877.
That in the month of September next
| thereafter l surrendered myself into the
custody of the United States Marshal OF
Utah, and was admitted to bail on said
charge on the 9th of that month That
the amount Of said bail was fixed at Sl0,-
600, which I was fortunately able to
| obtain. That then applied to Messrs.
Tilf0rd 81 Hagan, attorneys at law, TO
undertake my defence, and secured their
services. That through my said attorneys
| applied to the Third District Court for
trial, and frequently urged upon said
court to grant me the privilege and
benefit of trial. That l have been
present at every term of the said district
court from the date of my bail up to this
time, and have asked for a trial, and
urged it by every mode known to the law.
That have made frequent application
ITO Sumner Howard, late United States
district attorney for Utah, and WAS
assured and promised by him that [
should be arraigned and tried lust as
soon as the co-detendants jointly indicted
with me had been arrested. That the
United States government, so I was in
formed by SAID Howard, desired and in
tended to try The defendants jointly.
That two OF the ssfsndRnts 10 this case,
70 Bit: Howard Spencer and Daniel
SeegnilleF IFfrs, when aid Indictment
was found, IN Europe. That | o7used |
word 10 be sent to said Spencer and
Seegmiller, and urged upon them to return |
at the earliest practicable moment, snd |
surrender themselves for trial. That at |
the last September term of this court I /
my said counsel, Messrs. Tilford |
u Hagan, to have my case brought in for
rial as all the defendants had then /
surrendered themselves, and
we're ready for trial. That 1 prepared for
rial ct said September term, and had
ny witnesses on hand. That in snticipa-
Jon of 8 trial on the 9th of the present
month, on which day the case has been
et for trial by ocder ofthis court, l have
'aUsed subpoena to be issued and served
he same on number Of witnesses
esident is Salt Lake County. That l
AVE telegrsphed and written to four
,ther witnesses, who reside, Fome In
Weber County and others in the southern
)art Of this territory, and to secure their
attendance have paid and advanced to
hem money necessary to defray their
raYeling expenses. That said witnesses
re now in attendance and were, after
heir arrival in Salt Lake City, duly 4,
That i have incurred heavy
osts in preparing for this trial.
| have a complete defense 10 said in.
Iictment, and am wholly innocent of any
anticipation, directly or indirectly,
or otherwise, in the murder of
he person mentioned in said Indictment.
That in consequence of the fact of
aid Indictment having been found, and
untried, have suffered injury
0 my character, and incurred reproach
nd suspicion among many worthy per-
ons living in this community; that l am
most anxious to have the opportunity
through the medium of trial to vindi- {
ate my character and establi.h my 1
innocence.
That humbly and respectfully petit
ion this honorable court to afford me
UGH opportunity.
That / am informed by my counsel,
nd verify believe, that the Constitution
f the United States guarantees to the
ccused the right to q speedy and public F,
,ial by an impartial jury, and that l
arnestly appeal to the court not TO with
old from me this right.
That to permit the district attorney to
ismiss, without trial, the indictment now
ending, would infict on me and my
hildren deep and iTreparable injury,
nd on their behalf, as well as my own,
urge and entrGat this court to have said
Indictment tried.
ADAM NJ. PAUL.
Subscribed and sworn to before me !
lis 9Th day o. February, 1880.
S. 81. LEWIS, Notary Public.
He then argued that the case had
cen deferred from time to time, and
nat an order had been entered upon
be court minutes at the last term of
curt, agreed to By the attorneys on
9th sides, sitting this case for trial :
n the second Monday in the Febru-
II term-to day. The only reason
dvanced by the prosecutor for the {
ismissal was that he was not pre-.
jared. This murder Wss committed S
leven long years ago, and the ind!ct-
aent was filed August 8, 1877, during |
7hich time the prosecution had every
for the securing Of testi-
nony, and nov came into court and
tated they had not sufficient 10 Sc
.ure g conviction. No assurance was
,iyen that they ever anticipated
,siug any better plsssTsa for triSi
ban ihey ere nov. The dismissal |
is1 Eos accord the co1st;iasional1
tights to tbs defendants, who we're
entitled to a speedy trial by an i'm
partial jury; and it was an outrage
IN the legal and constitutional rights
Of the defendants to prevent them
from having a fair trial. He asked
the cou-t to reason II sufi cient
grounds had been advanced against
the defendants being allowed a trial.
Judge VRnZile stated that this was
tue first time he hid ever heard OF
such a motion as be had made being
oppGaed; it was a novel proceeding.
When q prosecutor comes into court
and moves the dismissal of a case be-
cause he has not sufficient testimony
to warrant trial, aud that motion is
resisted by the defendants, it argued |
ID him that there was some |
thing behind, that an attempt
was being made to forever
bar the possibility OF their |
being tried Tor the ofense. Mr.. Til
ford says there is no reason to believe
there will ever be any more testimony
than we now have admitting this
to be so, it argues that these defend
ants will never be tried for the ofense
for which they sre now indicted; bu.
if the case be forced to trisl now, 1t