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

master general to prove that he haC
Oeen imposed up)n.
Henkle - What improperly Is
there in that?
WilsOn-Will your honor permit
me to make a suggestion?
Court (mpatiently)-This thing
has gone far enough.
WllSon-It is a very important
matter. The prosecution charge
the postmaster general was de-
ceiYed.
Court-An1 is probably deceived
to this day.
Henkle Sarcastic y)-IIhope your
honor will not testify.
Wilson-They aver the postmas
ter general was deceived. They
might have proved that by him.
Court-No, he would be the last
man in the world who would know
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 eyes open.
Wilson repeated his assertion that
the postmaster general was a COM
petent witness to prove the decep-
ton.
Court do not agree in any
single proposition you have laid
down. If he WAS deceived the prob
abilities are that the same condition
of circumstances continue to this
dav.
Wilson-That's the subject mat
ter OF the argument to the jury by
counsel. We ave ri hit to argue
that the postmaster general Is ii
man who would know whether he
WAS deceived OF 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 kAown
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 this! There
must be no more said OIL this SUD-
jeet!"
Up jumped all the counsel for
the defense, demanding exception as
to the ruling.
Tatten-We all want an .explana-
ton.
Court know you do. I have sell
dom Witnessed a more fragrant Of
tense in getting remarks unfairly
before a jury. They are of no con-
sequence any way.
Tatten-We think they are.
Henkle-It is a question for Il
jury. Your honor does not sit here
GO dictate facts.
Court know it.
Renkle-And I take exception tC
the last remark of the Court.
Recess then was taken. During
the intermissiOn the court room
was filled 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, fol
Henkie did not conclude until the
hour of adjournment. AS he 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 tt
he conclusion lie had done RICH
in excluding the remarks which
Henkle was about to utter just be
fore recess. These remarks haC
been based on the fact that tht
prosecution failed to call Genera
Key for the purpose of proving tina
he had been imposed upon. There
was no evidence at all to show tina
the pros !cutiOn knew Key would
prove the fact that he had been i'm
posed upon. On the contrary hi:
evidence in the case showed he was
not aware that he had been imposed
npon at all. On that ground the
court thought the comments o
counsel out of place. Counsel com
mented in the first place on the
fact of the court excluding Genera
KEYS evidence, and was engaged II
drawing an inference from the
decision of the court when tl;5
court saw proper to interfere. The
counsel changed his ground anC
proposed to 20 to the Jury with Z
remark founded on the fact that
Tie prosecution failed 70 call Gen
eral Key to prove he had beer
imposed upon. It did not appear
that Kew cold prove the fact
it vas pl;aj-, t..ocelore, there was NJ
foundation for the comments OF
/ counsel. At the risk, therefore,Of ap
pearing q little discOurteCus Z
counsel, the court felt called upol
now to maintain the ground tina
those remarks were out of place.
Wilson, desire 10 take exception
to the ruling which the court ha
Just made, and especially to tina
/ part in which the court passed Of
what the evidence Of General Re,
| proved or does not prove, tends t
I prove or tends not TO prove.
/ Helk Ell also except.
| EIerrick-A5 4 part Of the recCr
! Of execution there appear the re
marks.
Heukle-If they are as much on
| OF place as some L have heard ther
| can be no difficulty about exception
He disclaimed any intention Of crit
icising or commenting upon the DE-
. cision Of the court in eXcludin