The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-05

ooVcI Seneral 10 prove that he hal
peen imposed upDn.
Henkle = What impropriety 4
there In that?
/ WilsOn-Will your honor perni
me to make a suggestion ?
Court (lmpatiently)-This thino
has gone far enough.
| Wilson-1t is a very important
matter. The prosecution charge
tne postmaster general was de
Court-Ani is probably deceived
to this day. y
Henkle Sarcastic y)-IIhope your
honor will not testify,
WllSon-They aver the postmas-
ter general was deceived. Tbev
might have proved that by him.
COurt-No, he would be the last
man in the world who would knew
it.
WilSon-That is your honor's
opinion. If he was deceived, he is
a competent witness to prove the
deception.
Court-If he had his ewes open.
Wilson repeated his assertion that
the postmaster general was a COM
petent witness To prove the decep-
ton.
Court do not agree in anv
single proposition you have laid
down. If he WAS deceived the prob
abilities are that the same condition
of circumstances continue to this
day.
Wilson-That's the subject mat
ter OF the argument to the jury by
counsel. We ave a ri hit to argue
that the postmaster general Is "a
man who would know whether he
was deceived or not.
Court-COunsel has no right to
comment on the prosecution for
failing to call the postmaster gen
eIal to prove fact, it is not known
whether he could prove IL or not.
Henkle went on to argue that he
had a right to comment on that
fact, when he was angrily inter-
rupted by the Court, with the ex-
PLANTATION, 81 shall stop thisl There
must be no more said Oh this suO-
jeetl"
Up jumped all the counsel for
the defense, demanding exception as
to the ruling.
Tatten-We all want an .explana-
tion.
Court know you do. have sell
dom witnessed a more fragrant Of
Tense in getting remarks unfairly
before a jury. They are of &c con-
sequence any way.
Tatten-We think they aIe.
Henkle-It is a question for Il Q
jury. Your honor does not SIT here
" dictate facts.
Court know it.
Renkle-And take exception TO
the last remark of the Court.
Recess then was taken. During
the intermission the court room
was hlled with spectators, and
when the court was called to order
the scene resembled many Of the
scenes that occurred during the
Guiteau' trial. 1t was understood
that Mr. IngersOll would begin the
argument this afternoon, but the
audience was disappointed, for
Henkie did not conclude until the
hour Of adjournment. AS be took
his seat his honor said that during
The recess he had examined the
record of the testimony of Post
master General Key, and came to
he conclusion lie had done right
la excluding the remarks which
Henkle was about to utter just be.
fore recess. These remarks had
been based on the fact that the
prosecution failed to call General
Key for the purpose of proving that
he had been imposed upon. There
was no evidence at all to show that
the pros ,cution knew Key would
prove the fact that he had been i'm
posed upon. On the contrary his
evidence in the case showed he was
not aware that he had been imposed
upOn at all. On that ground the
court thought the comments of
counsel out of place. Counsel COM
mented in the first place on the
fact of the court excluding General
Keys evidence, and was engaged in
drawing an inference from the
decision Of the court when tie
court saw proper to interfere. The
counsel changed his ground and
proposed to go to the jury with a
remark founded on the fact that
The prosecution failed 70 call Gen
eral Key to prove he had been
imposed upon. Il did not appear
that Key COLD prove the fact,
it vas pl;,ia t.;ocelOre, there was no
foundation for the comments of
( counsel. At the risk, therefore, of ap-
pearing q little discOurteouS to
counsel, the court felt called upon
now TO maintain the ground that
those remarks were out Of place.
Wilson, desire 10 take exception
to the ruling which the court has
! just made, and especially to that
part in which the court passed on
what the evidence Of General Key
proved or does not prove, tends to
| prove or tends not to prove.
Helk Ell also except.
Merrick-A5 \ part Of the record
OF execution there appear the re-
marks.
Henkle-If they are as much out
OF place as some l have heard there
can be no difficulty about exception
He d;sclaimed any intention Of crit
icising or commenting upon the de-
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