The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-02-10

NO.a00 Va 'ino, aosolute proof OF IN
guilt oi these parties should come t
6 light, and they had been acquitted
the law would be poWerless to reacl
them. he knew that If a trial wa
bad an scquittal was inevitable, snC
it was therefore his duty to dismiss
the case, and he did So.
Judge Tilfor6 said he demanded the
right to reply to the opening o.
the prosecution. He bad told Judge
+ VanZile, when the latter notified him
that be intended TO make a motion to
dismiss, that he would resist the mo-
ton; the defendants had come here.
with their witnesses, a distance of 800
or 400 miles; had been put to great
leIpense, and now expected and we're
entitled to trial. The reason given
for the motion for dismissal was that
he had nc testimony; and because OF
the bare possibility, | do not say
probability. but possibility, OF testi
monY being obtained some time in
the future that would warrant the trial
Of these parties, the motion for q trial
now was to DO opposed. He read the
names OF the witnesses on whose testi.
mony tie grand jury had found the
Indictment, and showed that they
could all be obtained and were in this
city, excepting Sam Shrine, and he
could be obtained if desired. The
district attorney had given no reason
Why he had not called on these
witnesses for testimony. l might
assume that the grand jury had
not sufficient testimony to warrant
the finding CT the indictments, but
would not do so, as be presumed
it vas the result of a candid inyestiga-
ton. The dismissal was not a vindi-
cation OF the defendants, as the law
ofthe land gave every mao the right,
70 a speedy trial by jury of his peers |
the constitution granted them such |
right, and he wanted to know if a
dismissal gave them these rights
Effort were being made to get Con
gress to pass new and stringent laws.
Oh the ground thatthe laws here we're
not enforced, and it would be we'll for
our courts to rise above social preiu-
iices, and for this case to be tried that
It might be sent abroad that the laws
we're enforced here as elsewhere. He
wanted all to rise above preiudicss.
and not to hold of trial because Of
contingencies snd possibilities. If the
district attorney would name any day
Turing this term, Or at the first Of
leXs term, when the case could be
rled, the defendants would prefer to
VaiE rather than have a dismissal.
though Mr.. VanZile could not see
he right Of the defendants TO de-
nand & trial. he trusted tie court
fouh. Il
judge Vanzils eajd perhaps his
rother knew moro about the case
ban he did, and desired a trial now
)r fear Of future consequences. He
'antsd a dismissal, and cited cases '
here parties had gone for years WITH
at trial and evidence conclusive Of
le guilt Of the parties would then :
Ome up; and if such should happen
prove the case ia this instance, he
1u!d not justify himself, il be
lould consent to a trial at a time a
hen he knew ne could not convict, 4
90 thus forever bar action against 8
le parties. He referred to the wit
asses cited by Judge Tilford, and {
ated that he was net confined to the f
illnesses before a grand jury; they 2
light make CUT primo facie case, E
hich, however, wouId not stand
etore q pati: jury. Does he know l
n get SIrrine? +
Judge TiiEOrd-I do. v
VaDZile-I know 1 cannot; have Q
led. The prosecution has failed to u
'tain testimony to warrant g trial, v
Id it hsa not been idle. He there q
re opposed the attempt to obtain q
isl. and insisted on the Dismissal. c
Judge Hunter said it vas the duty ii
the court to dispense justice re- b
'rdless OF prejudice or social relations 81
hich were known to be inharmonious n
are. The court was advised of G
is mOst dastardIy murder by
'mmon rumor; and the strenuous
forte Of the prosecution satisfied him :,
at there may be evidence found u
,sinst the defendants at future a
ne; and there should be some pro- u
ct;on for the public against giolators q !
the law running ct freedom. If =
Q Indictment was dismissed the par u
- would have only to run the risk OF
ture evidence proving their guilt. q
g, therefore, granted the district at a
rney's motion for dismissal. C
Il