Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-13
BURT MAKES AN ANSWER.
He Regarded Collins as an Ordf-
nary Citizen, Committed NO Con.
tempt, and Wants to be
Discharged.

The following is copy OF the answer
filed in the Third District Court by s. A
Kenner, attorney for Andrew Burt, in
relation to the contempt proceedings in.
stituted against him; the law authorizing
an answer to be put in in such cases:
In the District Court for the Third judicial
District, Utah Territory.
In the matter of the contempt of Andrew
Burt, in obstructing an officer of this
Court while in the discharge of his duty
Answer of respondent.
To the said Court: The said respondent,
Andrew Burt, for his answer to the charges
contained in the affidavit of @. S. Varian,
and the rule of this Court requiring respond
ent to show cause why he should not be ad-
judged in contempt thereof, says upon his
oath:
That at the time and place mentioned in
said affidavit as the time and place when
and where the matters and things constitut-
ing the said alleged contempt occurred, the
respondent was totally ignorant of the
nature of the business upon which Henry
Collin was engaged, and did not learn what
it was until sometime afterward. That
respondent did not know that said
Collin had subpoena from this
Court to serve that he was serving sub
pona, or that he had served subpoena
until afterward, as above stated. That if
said Collin served subpoena in respondents
presence, Collin was not interrupted, him
dered or delayed in the discharge of said
duty. nor was he obstructed in auy way or at
all before or during such service by re-
spondent.
Respondent denies that while said Collin
was engaged in the discharge of his duty
aforesaid, or of any duty enjoined upon him
by this Court, respondent assaulted, beat
and wounded him, and did thereby or at all
hinder and delay him in the attempt to so
discharge said duty; and denies that he did
unlawfully or at all interfere with the pro-
cess or proceedings of this Court, or that he
had any intention whatever of doing so;
and denies having any intention whatever of
bringing the administration of the law into
derlslon and contempt, and does not believe
that anything done by him at said time and
place had any such manifest tendency, as is
alleged in said affidavit.
Respondent affirms that q difficulty oc-
CURED between himself and said Collin, in
which blows were delivered by respondent,
but that he was provoked so to do by said
Collin and acted, as he believed at the time,
partly in self defense. That this was after
said subpenas had been served and while
Collins was on the street; that the difficulty
between them was entirely personal in its
nature, and had no reference whatever to
this Court, its officers or proceedings; that
was arrested by policeman for
said transaction, was tried and convicted by
4 Justice of the Peace and fined S25 and
costs. all of which were paid, and he was
5hereupon discharged.
Respondent afirms that prior to and dur
ng said transaction and all the time, he has |
leld this Court, it's officers and process in |
aspect, and that he still so holds them; that |
he regarded said Collin apart from his |
'ficial duties and on the street the same as
my other citizen, and having a grievance
fought to adjust it, not with the official, but
With the person; and that he had not and
las not the least intention or desire to be in
of this Court or it's authority in
my manner whatsoever or at all.
Wherefore respondent prays to be hence
dismissed without condition.
ANDREW BrRT