The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-03-11
THE NORRIS CASE.
Norris Acquitted Because Of a
Prior AcQulttal.
Talk of LynChing INDUCED in and
Some Excitement.

Hunter and which he haQ tSkel
under Amusement. This question
was as to whether the records OF To
JUSTICES court, showing the acqultts
2 of Morris on this charge, could b
admitted as testimony. The obieC
ton on this point was raised by Judg
VanZile, who argued the records dir
not show thar plea Of net guilty mac
been entered by tie defendant, an
therefore, il acquitted, that acquitta
could not stand as a bar to further
| prosecution in this court. Moreover
be argued, that the Justices cour
had 20 jurisdiction 10 tnis case, which
was a felony, and any acquittal by g
court not possessing jurisdiction could
net stand. Mr.. Brown, in reply,
maintained that the fact that the plea
of not guilty was not entered in the
records made no difference. Even
| if Morris had absolutely refused
to make a plea, il was still the
duty of the prosecutor to
enter a plea of not guilty for him,
aud then proceed with the tria'. As
to the fact that the lower court had
40 Jurisdiction in such a case, he
argued that this was precisely the
same charge as the one in the Justice
court, only that thi5 was for assault
with intent 10 commit murder, while
the other was merely fer assault.
Now, if it be fact that a man can
be tried in s Justices court for an as
sault, and be acquitted or convicted,
but it subsequently, appears to parties
that the punishment was insufficient,
and he can be indicted for an assault
Of a more aggravated character, and
this proceeding is held valid, man
once guilty of an assault, who has
been tried, is in. constant jeopardy for
bis liberty, because he can again be
taken up on The same ofense, by its
being placed in a more aggravated
form. II such we're the law
man could be token through the
whole catalogue Of as. ants. and pun
ished several times for the same
ohense. Both attorneys quoted author
tiles 10 support OF the different
grounds, but SIR. Brown, while
admitting the existence Of a2tto:
ties against him, maintained that
he weight Of authority was with him.
On coming into court yesterday
Judge Hunter said he held
he matter still under adVlssment and
ook a recess until 2 O'Clock. At that
line, tie court room being crowded,
Ind Judge Hunter decided that the
records WAS good evidence, and he
could ldmit them; and that IS Il
appeared thl CHeuse for which Morris
vas nov on trial was the same as that
0n which be had been previously
tried in the Justices court, though
less aggravated, the defendant might
plead and prove a former acquit:al.
District Attorney VsnZile, in view OF
Inc ruling of the court, said there was
10 use Of proceeding any further with
lie case, and did not care TO have it
20 to the jury. Judge Hunter, how
sver, said he thought Is should, as
The question OF the former aCGaittal
IF Morris vas one Of facl which should |
20 to the jury. MIR. Brown then
moved that the court instruct the
ury to bring in a verdict for the |
defendant if it appeared that be had
zen formerly acquitted on this |
fense. The jury retired and IN
few minutes brought in q verdict Of
lot guilty, The prisoner was there
Ipon discharged.
Morris slowed unnis;akable |
igns of nervousness and fear, and |
wanted to leave Immediately, but was
warned not to, as their was d mani
Test desire on the part OF the crowd to
10 him bodily harm; so he remained,
IS did the greater part Of the crowd. |
Alter q short time he started to 60 to |
be mar5hal's Office when the crowd |
lrCse and followed him, but went |
IoWn etairs, while he entered the
,hce. The mob gathered in large |
,roups in front of the main stairway |
es1ing into the Wasatch building,
waiting for Morris to put in an |
but be came net, There |
vas talk of lynching him if he came |
vat, but 8 survey of the crowd showed |
hat If was not made OF lynching ma
erisl. The crowd began to grow
arger and firally cries OF Send him
Iut," we're raised by q few. During
his time Mrs Dummer came down
bringing with her the 4-year-old |
hid, Willie Jensen. around whom |
he crowd gathered densely and the |
little fellow rad to be lifted up SO !
hat he could be seen By all. Again
,ries of Send him on" were raised,
md some one shouted out: Lets go
ID after him." aud made a break up
he stairway. There was no enlhu-
siasm over the affair, and q portion OF
the crowd followed, but the large
remained outside. Those
that went up were met at the head OF
The stairs by Deputy Marshal Miller,
who informed them that the stairs
we're the property of the court. aud
That be wanted them cleared. Meth
ing more was said, but the bold in
vaders turned around and quietly
back into the street. After
this they began to dispeTse, and finally
The whole affair cooled down ana
Morris left the building.
There is 10 question but there was
intense feeling over the matter;
that Morris was guilty of the heinous
abuse of the child is also unques-
toned but the crowd lacked the
elements of mobs that mean what
they cay, and no one disinterested.
Who listened to the talk, had any idea
TIA. the threats would be executed;
and therefore 10 extra precautions
were taken to protect Morris. Had
be marched out into the crowd, he
would likely have been j0stled and
perhaps bruised, bu! ra.hiug further;
and it's to tbe credit and laWsabiding
character of our citizens that, had an
attempt been made to punish this
low, brutal, malignant Whelp fo- his
inhuma1 cruelty to tle child, he
would, nevertheless. have been Pre-
tected.
However guilty he is known to be,
he has, nevertheless, been acquitted
BY due process of Ia8. He has sub
United to d trial, and by fair means
has come of victorious, and the re-
sui. OF the trial should be respected
ss much IN this case a if it hsd been
agreeable to the universal desire, and