Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-13
BURT MAKES AN ANSWER.
Tie Regarded collins as an Ordi-
nary citizen, Committed NO Cone
tempt, and wants TO be
Discharged.

The following is copy OF the answer
filed in the Third District Court by >. 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 TINS
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 adj
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 constitnt-
| 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, mat
respondent did not know that SAID
Collin had n subpoena from this
| Court to serye-that he was serving a sub
until afterward, as above stated. That il
said Collin served subpoena in respondents
| presence, Collin was not interrupted, hin
dered or delayed in the discharge of said
duty, nor was he obstructed in auy way or al
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 enioined upon him
by this Court, respondent assaulted, bea,
and wounded him, and did thereby or at al
hinder and delay him in the attempt, to sc
discharge said duty; and denies that he die
unlawfully or at all interfere with the pro
cess or proceedings of this Court, or that hi
had any intention whatever of doing SO
and denies having any intention whatever O.
bringing the administration of the law int
derision and contempt, and does not believ,
that anything done by him at said time ant
place had any such manifest tendency, as
alleged in said affidavit.
Respondent atfirms that difficulty oc
CURED between himself and said Collin, il
which blows were delivered by respondent
but that he was provoked so to do by sat
Collin and acted, as he believed at the time
, partly in self defense. That this was afte
, said subp9nas had been served and Will
, Collins was on the street; that the difficult
between them was entirely personal in it
. nature, and had no reference whatever t
this Court, its officers or proceedings; tina
respondent was arrested by policeman fo
| said transaction, was tried and convicted b
a Justice of the Peace and fined S25 an
costs, all of which were paid, and he wa
thereupon discharged.
Respondent affirms that prior to and dul
/, ing said transaction and all the time, he ha
: held this Court, its officers and process /
5 respect, and that he still SO holds them; tbs
/ he regarded said Collin apart from hi
. official duties and on the street the same O
!, any other citizen, and having n grievanC
: sought to adjust it, not with the official, br
with the person; and that he had not m
e has not the least intention or desire to be
J, contempt of this Court or its authority
: any manner whatsoever or at all.
4 Wherefore respondent prays to be hent
/ dismissed without condition.
;. ANDREW BURT.