Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-30
TO THE COUNTY JAIL.
That's Where Judge Zane Sends Brig
Hampton for Year.
A Little Judicial Discourse ON Bad
Partnerships and Worse Business.
The Courts Intention All Sublime
To Make the Punishment Fit the
Crime.


-. mi
60. ~ - .,.
motion III arrest oil Judgment ana re-
ouested the matter deferred until the
af,ornoo, soss;o,, Gov nunr,an. Tho
ai'eiiiooh sessloii ior argument Inc
prosecution had no objections, and the
Court orontod tho noatnonement Al .
e''n '''o po''i'o"e.'
O'CLOCK the courtroom was literally
paclsed with spectators and n snrintlinu
r. ~ - ~,
Vi Guy oiiiclais, if'ehus Oh tne deiendant'
Mr. Burmester argued the motion in
.. e :..1.. =. -. ,.,. -,
arrest ol luo9hieht al great iehgti III
vainly attempting to prove that the in
d;ctment did not charoe copsp;rocv IN
commit Il crime as interpreted by the
statute. He emphatically declared that
thoro could ho no ouch th;nn &c a COW
s,,;rao,, ~, Lao,, q house ~ III p 80. ,,njn,.
opn"Sy W N'op "o''o vi 'i''"'iie u''0o'
our STATUTES.
Mr.. Variah responded IN opposing tne
motion on the ground that it was sufii-
cient evidence for the indictment to
allege the conspiracy committed by per-
for,n;pu any, cri,n;nal act 10 nroyo u,b;ch
sovorai ,,ia;,, ;ll,,strat;nnS ,,,ora ,';,,o,,
'eTu,a. pan us. a. .. VIZ s,'en.,
Judge Haie theh o'erruieu the hotioh'
ana maze
THE FOLLOWING DECISION:
c,, a. ,,.e.,,,.,,. .,.s
Soulisei ioI vhe ueieiiuo hiahes owo %
! eo.ioils W snis illuiY.iiieiV, aIiu propaoly
s It; ule o.h e hdue' puS .iey are not 30
aisviGy sso lor.n sias Ihs nv I. necessary
W hV my, 'uelh paI.toulaIiy; INC nrsI one
rs n',,,s, tao 'ne ,n ,;t Goes mos GnaIee
W th atat,,. ul,e Msn t sne
n. MEAN Oh .ne s.a.ute wnlcn aennes tne
oiillie vi oohsplraeyi ano seoonu, thao IL
n&aot ~ do' iaot sne asre9aeh!, oohe
W eneos t tne 1nJe ~ :nssi;e.s n ~ 'he
or in,' ns seateu III VIZ liu a.gs
nme sIa.uve pIo'oes: uWo Q, more
pursotls oohspre W uoS CRIME ala 80
IN ~. ;suey sl,ia, ps Punisiiapie, anu 80 Iortn,
iisoii,ie . IN .ne County jan NOV eA
e1 nnn oirS yeaI, VI py .he Io1 eAceeuihB
SSa,vSJv. luz IGeseion ms, Ls: ls keePihg
t;as, -nouso e e anere ~ y aistinc
md tbere are I;st;yct;nns ,,,ado Iae,uao,,
h;o, ,; aio uis', a;u5oi nnaue pet"een
tas,,, earnes anu ,suemealors' Du5 tie
.' oliine! M i.s Rener"l sehse-ano IL ID
p .osu.ieu Ii ~ - 30 "sea ~ 'nls siaoute-ln
CRUCES al crimes, as wen as Ielonles ana
In, ';t, !. VIII DIG loanu, taink,
oy ACKNOWLEDGEMENTS nS i, oa oiner PROVISIONS Oh tne
i Sii,i ,l ooue nere, tiaS one Term crime
mas been nsea TO include mlsdemeanors as
w., q; le a. ~ h!oie general terh
tt,; y, J,iene' ial', III iao., !ne w0fa
ing Oh bnis wnoie seculon lsectlon gl4)
o A.. .ba; Is ome te IN; , ~ useu IN
,at,, ,,eS '..a VI .m,s seo.ii, ene neRs
fa,; in,e l ninsoenieahors as wei as
,,,a,,5 ,,'thar;. n' Nv " III au'loIy tH M
,,Oui musnce ete Snur! 10 cohnhe tne
irore IL t,'an w neoivS' T., A., esn,
,,,i.I;,;,;, ie ~; pI IL u .ne hi VI!
sa1 r ol tiiis sectioii tne language IS:
health or public morals" 1t would seem to
me that keeping bawdy house in the city
~ INJURIOUS 4 10 PuDiic morals, as we under
or, nf on;n;on That tsa AL, peiJ ,, Huo u
is nm offense 70 commit n crime o''"i gov "e'e
It is said further, that no act necessary TO
effect the object is stated in the Indictment.
The indictment states in general way a
conspiracy, states the object Of it, and states
VIII, wnat Was aohe. IL stat ~, inc conspiracy
was done nnder itWtbe teer,,n nf t daI wma'
Tbe statnte saws. .Nn aoraam,snt nxna U1 70
commit a felony upon the person of another.
or to commit arson or burglary, amounts to
conspiracy, unless some act besides such
afRreeme,n,e De done TO erect the object
'n vTIa n,,;oot ;s4, ,,oo , IN e..
IT, ia effected hv MI octs that "o,,st;t,,to u,o
crime, and the Keeping of n house of iii. fame
is constituted by number of acts, usually
by number of very different persons-sup-
posed to be, at least. But here the act
oe W III 10 ehect Ine oDlect, Is the Keeping
The Of th ons e I ho the bo ac.s TO eeot
by this Indictment. II would have bean sn III.
Gent. If ii states two. or three or nj IIn Of
them, that certainly does not make it bad.
l am of opinion that this indictment is
suihcient, and the motion in arrest of judg-
iheh' Is oVerruieo'
Mr.. Sheeks being informed by the
Court that sentence would be pronounced
at once, stated that he desired to present
the certificates of physicians as to the de-
fendant's health. Certificates were read
from Doctors Benedict and Anderson to
the effect that they had treated Hampton.
who is afflicted with pleuro-pneumonia.
and that confinement where he would he
affected by cold or dampness would prove
detrimental to his health and possibly re-
suit in death.
At the close OF Mr.. Sheeks' remarks
Mr.. Varian briefly addressed the Court,
saving this was an entirely novel and
new proceeding to him; he had never
had any experienca of this kind hafore
1t occurred to him, however, that the law
did not contemplate that the doors should
be left open to individuals who might he
in the same situation it is claimed nv
these certificates this man is, to avoid the
consequences of what might in the dis
cretion of the presiding Judge be visited
upon them, by reason OF their physical
condition. He could conceive OF a case
where man might commit the crime of
manslaughter and murder, and himself
be in such physical condition that the
confinement which ordinarily follows
such offenses would have yery bad Ell
feet upon him, yet he would be confined
all the same. Cases of this kind the