The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1881-10-16

gone so far as your honor is now
asked to extend it. The law pro-
Vldes that the prisoner shall have a
process of court to compel the at
tendance Of witnesses. That your
honor cannot deny, and that the
prisoner is entitled to without any
request. The law binds the hands
of the court and restricts its disere-
ton only to the cases Of witnesses
being within its jurisdiction or
within 100 miles OF the place of
trial. As to summoning experts
on aqueStion of insanity, or as to the
summoning of eminent surgeons, on
the question of treatment, your
honor has no power to do so. If
that defense is to be introduced the
prisoner and his counsel must pro-
vide for it. If the prisoner desires
the attendance of any witnesses
within 100 miles of Washington,
and will state on oath who they are,
and what he expects to prove by
them, and if your honor thinks
th5ir testimony is material enough
to Justify the subjecting of the
United States to the expense of hav-
ing such witnesses, / shall make no
objection; but as to those other wit
neSSes, your honor is thus pOWerleSS
to make any order about them. AS
to the majority of them, if their teS-
timony is necessary at all, it can be
taken by dispositions. If your honor
thinks it proper that, in these cir
cumStances. the prisoner should
have time to take the testimony OF
these witnesses, every opportunity
will be afforded to obtain it by the
prosecution, but the case should be
tried and tried promptly. AS to the
preliminary question of juriSdic-
ton, [ ask your honor to set that
question for hearing at very early
day, before the trial. Let that
question first be disposed of so
that when the time is reached
the case shall go on. Another re-
quest has been made that the day
for trial shall be peremptorily fixed,
and that the prisoner and his coun-
sci shall understand it means a day
for trial and not a day for present
ing afidavitS for another cOntinu-
ance.
After some further discussion of
the question as to the subpenaiug
of witnesses for the defense and the
payment of costs and expenses by
government, the court said: 1t is of
the utmost Importance to the inter-
ests of public justice that not only
this case, but all cases Of like gray
ity, shall be tried as swiftly as con-
SiStent with justics. | appreciate
the fact that the line of defense in
this case would require evidence to
be brought from other place. The
already shown by counsel
has been fruitful enough in
ascertaining what witnesses should
be summoned and what testimony
may be presented. / must consult.
somewhat, other engagements of
this court in fixing the time for
trial, and [ think the most convent
ent time for the court and one that
will accommodate the prisoner suf-
liciently, will be the 18th of Eovsm-
Der, which is three weeks from next
/ cannot ignore the fact
that there is an important question
to the jurisdiction of the
court to try the case at all, which is
q subject for discussion, and which
arises ON the face of the indictment
Until that question is determined,
it cannot, of course, be decided
whether there will be any trial here
at all. If the jurisdiction of the
court is to be discussed, that ques-
ton must be disposed of aS a
preliminary one, and ] therefore
desire that it be settled, either
Immediately or by the 30th of the
present month. so that the question
may be out of the way. With refer
ence to the. application for an order
to allow the cost of witnesses. l will |
examine the statutes and will make |
such order on the subject az [ may |
feel authorized to do. l have no |
to withhold any power |
If the court. In this matter what
ever the law allows TO be done in |
hat respect, | will do. If the coun-
gel for accused shall be advised that !
assistance cannot be found, else
[ shall feel it my duty to as
sign proper counsel from this bar. |
At present | shall fix the trial for
It'll of November.
District AttOrney-And the pre-
urinary argument on the question |
If jurisdiction OF the court before |
Goth Of October, next week or the |
week preceding the trial.
ScOVille-That is a matter which |
did not feel inclined to Say any
hing abOu because it is d thing |
which l have not investigated at all.
Court-If that question arises you
will have to withdraw the plea Of
lot guilty and interpoSe either an
)ther plea or demurrer. Our
practice is to allow that boon.
Scoville-I thought of leaving
hat for the counsel who may come
ntO the case and the district attOr-
ley to settle between themselves.
District Attorneys cOVille has
me that Nferrick has
agreed to argue that question at the
of the court.
ScoVille-l told Merrick l should
oe very glad to have him to do SO;
)ut suppose Butler or some one else