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

AN'
, Samuel Ewing, w. T. Barbee,
A. Z. Brlxen, Frank Foote,
George Davis, T. S. Austin.
, b. Allen, Harry Haynes.
A. J. Phillips, F. Haight,
Sol. Seigel, T.R. Jones.
j. +. Dooley, r. Alf,
} Geo. Davis, Joseph Foreman,
j. II. Morton, Isaac Hazelgrove,
j.: ): O-Ioole, ii. w. Lawrence,
R. Mcintosh, w. E. 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 Tor 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 a word
OF warming; 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
tacts existing, which brought about what
is claimed to be too speedy trial. he
explained that one of the principal wit
nesses for the people is a 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 cases
against him. An open venire followed.
and he must have known that the case
", was set for trial and jury ordered.
The law does not state that if the people
OF the territory prosecute a 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 at this time are familiar to the
court and the defense l 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.
1t becomes another matter and should be |
given preparation. They say they can
not be forced into trial outside of the req
ular order. | say they can, at 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.. Burmester 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: cit is
improper to refer to the feeling existing
N outside matters. This is a court Of
'ecord, and not Justices COURT
SOME ADDITIONAL REMARKS BY COUNSEL. I
Mr.. Burmester replied that he could
lot quite. understand the Court, but he
hought he had right to demand his
lient's deserts.
Mr.. Varian called the speakers atten-
ION to the fact that the statute has been :,
mended as pertains to the matter in dis '
ute, which was admitted, but not as =
.elng OF sufficient consequence to over :
brow the application for postponement :
f the trial. Z
Mr.. Burmester then turned on Mr.. !.
'arian and dealt out to that excellent |.
steiner long line of pointers to observe
such cases as this, and closed his ap-
eal by gently reminding the prosecution =
hat the defense only wanted short time 7
, prepare for the case, and he would n
IKE upon himself the responsibility of c
icing all the music of the prosecution b
hen the trial came Off n
Judge Hoge added few ouietinp re- q
larks to what had been showered broad d
asst, and said he was willing that the Y
illness, Mrs. Fields, should be brought
and her deposition taken, and then the :,
oman be allowed to go free from prison. ;,
Mr.. Narian-Your Honor, the defend :,
nt's counsel are not ready, as they have !,
ated repeatedly, and not desiring to h
'owd any one to trial under such cir .,
instances, am willing that the trial be o. o.
'ntinued until some day next week. &
Mr. Hoge-l would like the case to 90 ;r
yer until the first of next term and so 81
1T on the calendar. 81 81
Judge Zane-There seems to be dis y
'sition on the part of some attorneys to
que outside matters in stating the facts
a case to the Court. Ok
THIS is UNCALLED FOR. g.
neither or not Mr. Hampton is a good ar
an cannot be settled by outside clamor. ia
he practice in courts of justice generally Ii
to try the cases the same term of in tn
ctment. l don't know rule of prac- tn
'e that requires court to continue a ",
Sc from one term because the indict- III
ent was found the same term. Such ri