Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-16

mings, r. b. Young, z. ii. Lannan and
VIM. Mckay.
VERY FEW OF THE WITNESSES RESPONDED,
And subsequently on motion OF the Pros.
ecuting-Attorney, the Court issued an
order for each witness to be present in
courtroom by 10 O'Clock Tuesday morn
ing the 22d inst, the consequence of
failure being well understood.
The following persons had been sum-
moned by open venire to act as
TRIAL JURoEs IN THE CASE:
Samuel Ewing, w. T. Barbee,
A. G. Brixen, Frank Foote,
George Davis T. S. Austin,
b. Allen, Harry Haynes,
A. j. Phillips, f. Haight,
Sol. Seigel, I. II. Jones,
j. Il. Dooley, r. ALI,
Geo. Davis, Joseph Foreman,
j. III. Morton, Isaac Hazegrove,
j. j. O'Toole, ii. w. Lawrence,
II. Mcintosh, w. Il. Smedley,
j. Glendenning, julius Malsh.
This array of representative Utah
ability was promptly on hand and as
quickly discharged for the term at the
postponement of the case for week.
THE GROUNDS FOR DISAPPOINTMENT.
Attorney Burmester started the ball
to rolling by offering motion that the
order for trial OF the case, to-day be set
aside Tor many reasons, some of which
were to the effect that the defendant had
been brought into court without word
OF warning; he had no idea that his trial
was set for to-day until too late to pro-
cure counsel to present his case. This
case belongs away down on the calendar,
and cannot supercede the hearing OF
others.
MIR. vARiAN OBJECTS TO DISAPPOINTMENT.
MIR. Varian then quietly arose, and in
alludlng to some questions made as to the
facts existing, which brought about what
is claimed to be a too speedy trial, he
explained that one OF the principal wit
nesses for the people is woman now
confined in prison and unable to procure
bonds. The defendant came into court
afterward, and was allowed to make his
plea and enter demurrer in the cas-
against him. An open venire followed
and he must have known that the cas-
was set for trial and Il jury ordered.
The law does not state that if the people
OF the Territory prosecute particular
case that the defendant has any abstract
right to have his trial postponed, al
though such matters are often within the
discretion OF the court. Such is the de-
parture when through inadvertence or
lack OF time the clerk fails to prepare a
calendar. Would court wait until the
end OF the term? Would any defendant
have the right to claim that the case
should go over, or would the court meet
such an emergency? Knowing these
facts, the defense have rested until this
day, while ample time existed in which
they could have prepared for this trial.
The reasons stated why this case should
be heard Mt this time are familiar to the
court and the defense. / understand, he
said further, that counsel for the defense
claim that they are not prepared for trial,
and If that is the ground on which the
application TO set aside the order is made,
it becomes another matter and should be
given preparation. They say they can
not be forced into trial outside OF tile reg
ular order. say they can, Mt the discre-
ton OF the Conrt, where the occa-
sion arising makes it necessary, as with
this peculiar case.
FEW REMARKS BY THE JUDGE.
At the close OF Mr.. Variants statement,
Mr.. Burnester very excitedly replied by
citing the disturbed condition of the
Salt Lake community and the wide
spreading reports OF the present feeling
in this Territory.
Judge Zane interrupted the fiery re-
marks OF the speaker by saying: at is
improper to refer TO the feeling existing
in outside matters. This is court OF
record, and not Justices court"
SOME ADDITIONAL REMARKS BY COUNSEL.
Mr.. Burmester replied that he could
not quite understand the Court, but he
thought he had n right to demand his
clients deserts.
Mr.. Varian called the speakers atten-
ton to the fact that the statute has been
amended as pertains TO the matter in dis
pute, which was admitted, but not as
being OF sufficient consequence to over
throw the application for postponement
of the trial.
MIR. Burmester then turned on Mr..
Varan and dealt out to that excellent
listener long line OF pointers to observe
in such cases rs this, and closed his APP
peal by gently reminding the prosecution
that the defense only wanted short time
to prepare for the case, and he would
take upon himself the responsibility of
facing all the music OF the prosecution
when the trial came off
Judge Hoge added few quoting re.
7
cast, and said he was willing that the
witness, Mrs. Fields, should be brought
in and her deposition taken, and then the
woman be allowed to 20 free from prison.
Mr.. Narian-Y Your Honor, the defend
ants counsel are not ready, as they have
stated repeatedly, and not desiring to
crowd any one TO trial under such cir
cumstances, am willing that the trial be
continued until some day next week.
Mr., Hoge-I would like the case to 20
over until the first OF next term and SO
put on the calendar.
Judge Iane-There seems to be a dis
position ON the part OF some attorneys TO
argue outside matters in stating the facts
OF case TO the Court.
THIS is UNCALLED FOR.
Whether or not Mr., Hampton is a good
man cannot be settled by outside clamor.
The practice in courts OF justice generally
is to try the cases the same term of in.
dictment. | don't know rule of prac-
tice that requires court to continue
case from one term because the ndict-
ment was found the same term. Such