The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-03-11
THE NORRIS CASE.
Morris Acquitted Because of a
Prior Acqu1ttal.
Talk Of Lynehing INDUCED in and
Some Excitement.

Hae as u WH6G06E the I6COTu5 Oh kDS
JUSTICES court, showing the acquitts
: of Morris on this charge, could be
admitted as testimony. The obiec
ton on this point was raised by Judge
| VspZile, who argued the records did
not show that plea OF net guilty had
, been entered by the defendant, and
/ therefore, il acquitted, that scquittsI
could not stand as bar to further
prosecution in this court. MoTeo7eT,
De argued, that the Justices court
had no jurisdiction IN tais case, which
was a felony, and any acquittal by E
court not possessing jurisdiction could
, not 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
lif Morris rad absolutely refused
to make q plea, i, 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
no jurisdiction in such q case, he
argued that this was precisely the
same charge as the one IN the Justices
court, only that this was for assault
with intent to commit murder, while
the other was merely fer assault.
Now, if it be a fact that 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 be can be indicted for an assault
of a more aggravated character, and
| Ibis proceeding is held valid, a man
once guilty of an assault, who has
been tried, is il. constant jeopardy for
bis liberty, because he can again be
taken up on the same 0fense, by its
being placed in % more aggravated
form. II such were the law
mar could be t5ksn through the
whole catalogue Of assaults, and pun
ished several times for the same
ohense. Both attorneys quoted author
tiles 10 support OF the different
grounds, but bir. Brown, while
admitting the existence Of aatbo:
tiles against him, maintained that
the weight OF authority was with him.
On coming into court yesterday
morning Judge Hunter said be held
the matter still under Amusement and
took a recess until 2 O'Clock. At that
time, tie court room being crowded,
and Judge Hunter decided that the
records Was good evidence, and he
would admit tAem; and that as It
appeared tha Cfieuse for which Morris
was uow on trial was the same as that
on which be mad been previously
tried in the Justices court, though
less aggravated, the defendant might
plead and prove a former acqult:al.
District Attorney VanZile, In view of
the ruling of the count, said there was
no use Of proceeding any further with
tie case, and did not care to have it
20 to the jury. Judge Hunter, how.
ever, said he thought Is should, as
the question of the former scGaittsl
OF Morris vas one Of fac. which should
60 to the jury. Mir. Brown then
moved that the court instruct the
jury to bring in q verdict for the
defendant if it appeared tha! be had
been formerly acquitted On this
ofiense. The jury retired and iD-
a few minutes brought in verdict Of
not guilty, The prisoner was there
upon discharged.
Morris slowed unniktakaole
signs of nervousness and fear, and
wanted to leave Immediately, but was
warned not to, as their was mani
fest desire on the part OF the crowd to
do him bodily harm; SO he remained,
as did the greater part Of the crowd.
Altar q short time he started to 60 to
the mar5haPs Office when the crowd
arose ard followed him, but wen!
down atairs, while be entered the
office. The mob gathered in large
groups In front OF the main stairway
leading into the WasatCh building,
waiting for Morris to put in an
appearance, but he came net, There
was talk Of lynching him if he came
out, but a survey of the crowd showed
that it was not made of lynching ma
terial. The crowd began to grow
larger and fl ally cries OF Send him
out" we're raised by few. During
this time Mrs Drummer came down
bringing with her the 4-year-o!d
child, Willie Jensen. around whom
the crowd gathered densely and the
little fellow Rad to be lifted up so
that he could be seen by all. Again
cries of "Ssnd him out," were raised,
and some one shouted out: Lets go
up after him." aud made break up
the stairway. There was no enlhu-
siasm oyer the affair, and portion oil
the crowd followed, but the large
majority remained outside. These
that went up were met at the head OF
the stairs by Deputy Marshal Miller,
who informed them that the stairs
were 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
marched back into the street. Alter
this they began to disperse, and finally
the whole affair cooled down snd
Morris left the building.
There is no question but there was
intense feeling over the matter;
that Morris was guilty of the heinous
abuse of the child is also unuues-
, toned but the crowd lacked the
, elements Of mCbs tina. mean what
, they say, and no one disinterested.
who listened to the talk, had any idea
/ tia. the threats would be executed
/ and therefore no extra precautions
? we're taken to protect Morris. HaC
be marched out into the crowd, be
, would likely have bsen jostled and
II perhaps bruised, but ro.hiDg further
and it's to the credit and lawsabiding
r character of our citizens that, had an
attempt been made to punish thl:
low, brutal, malignant whelp fo= hi
eIinhuma1 cruelty to the child, be
= would, nevertheless. have been Pre-
tected.
S However guilty he is known to be,
he has, nevertheless, been acquitted
g BY due process of Iaw. He has sub
g united to q trial, and by fair means
] has come of victorious, and the re
: sui. OF the trial should be respected
!. SO much IN this case a. if it had beef
agreeable to the universal desire, an,
he had been convicted.