The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-07-31
AT LAST.
The Blind Goddess Opens Her
Eyes and the
SUSPENDED SENTENCE FALLS
Upon Editor Hemenwa1 The Motion
OF Mr. Hiles-1he Court Recites
aList OftBe Editors FOibles.

correspondent wa in the delayed mail
on Thursday night and failed TO reach
here until yesterday
Quite a breeze was created on the
streets yesterday by the announcement
that Assistant District Attorney Hlles
had made motion before Judge Pow
ers, to set aside the order of the court.
suspending sentence in the two cases of
libel of which C. w. Hemenway, editor
of the Ogden Herald. was convicted in
February last, by his own plea OF guilty.
The motion which was made at the
morning session OF the First District
Court, was made on the ground that the
record did not show the cause of the
suspension and therefore. the order
was an improvident one. The prose-
outipg attorney asked that the order be
revoked and that Mr.. HemenEay be
brought into court and sentenced on
the two indictments. A warrant was
accordingly issued and Mr.. Hemeuway
was brought before the court. A con-
tiDuance IN the case was had until .
o'c.ock p. m. and the defendant con
suited Mr.. ]. \. Kimball who appeared
at tue bar of justice in the afternoon
in his behalf.
At the opening of the court in the
afterno0 u, quite a number of Specta-
tors had assembled to witness the pro
ceedings. Mr.. KImball stated TO the
court that he felt diffidence IN appear
ing for the defense ON account Of his
previous connection with the case. He
was informed that that would make no
difference and the court would be
pleased to hear what he had to saw
Mr.. Rimball then asked TO have the
record of the case read and clerk
Perkins turned back TO the date of
FebTuaryESth, 1856. and read: I'm the
cause. Indictment No. 6S6, Judgment is
suspended until the further order of the
court. This is the case wherein the de d.
PENDANT libeled General Kimball and
the other is the libel OF Chief Justice G.
;. Zane The record is precisely the
same in both cases. Mr.. Kimball took
the position that the court had the in
herent right, although the statutes are
silent upon the subject, to suspend
sentence N criminal cases and cited a
number of authorities 10 substantiate
the position. Referring TO the part of
the motion asking that Mr.. Hemenway
be sentenced on the cases at bar. Mr..
Kimball cited the Utah statutes, claim
ing that the court had lost jurisdiction
OF the Csc by not passing sentence dur
ing the term Of court at which the de
PENDANT was convicted.
Mr.. Hiles, replying, said re would not
attempt to controvert the proposition
that the court has the Inherent right
under the common law rule 10 suspend
sentence; but, he said. the record must
show the grounds upon which the
sentence Is suspended. The record in
this sentence does not make such a
showing. He further claimed that, as
the defense relied upoa the common
law rule Tor the power of the court to
sentence, the same rule. and
not the statute, should apply when il
came to bringing the defendant no to
pass sentence upon him.
His attention had been called 10 this
matter some three weeks since but be
had not examined the record OF
the case until yesterday "wednesday
and was surprised to find that il
did not show the requisite cause
Df suspension. He was aware
IF the position of the court, and was
willing 70 take it upon his own shout
iers as the attorney for the people. snd
-
.ence be passed.
Mr. Kimball made a brief reply in
which he claimed that the people
should show cause why the defendant
should be brought up Tor sentence.
The Court briefly reviewed the argu-
nents Of the counsel. ana held that as
he Court had the right 70 suspend SEN
ence without giving any cause,
10 II d power 70 pass a Sus-
pended sentence without showing any
'esson therefor. The Court then { II |
ir. Hemenway TO stand up and asked /
Inn II he had anything 70 say why SEN
ence should not now be passed upon |
linn.
Mr.. Henenway said that he did no, /
now that he had anything to say. The |
.ourt is familiar with the circumstances
II the case.
His Honor ihsn sad that when the
defendant stood before the court for
entence, be promised 70 set an exam
lie TO the journalists OF this Territory
nd not TO commit any more hbels.
lie then recOunttd the course OF the
ditor and named q number of Ebelous
rticles that had been published BY him,
delivering a little hon u that must
ave been very iunpleaS q for the de-
sndant 70 listen 10. The courts stric-
ures ON Mr.. Hemenwsy were very Sc
ere and the audience almost held their
reath while they were being spoken.
he proceeding was brought to q close
y the Court sentencing Mr.. Hemenway
) pay a tine of $500 in the case Of libel
gainst Mr. y. Kin,ball, and 10 be re-
landed 10 the custody OF the United
tates Marshal until the fine was paid:
n the other charge he was sentenced to
uprisonment In the Cou' " Jail OF
Weber County for the term of one yesr,
aid sentence to begin at the time of
I'd continue from the satisfaction Of
be first sentence. 10,
The courtroom was soon emptied