Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-09-28

utmost, showing that the interest in the
case is running higher and higher every
day
The business in this case was re-begun
by Mr.. Varian asking to be allowed to
reopen the case in order to ask MIR. Ire
| land one more question.
The Court granted the request, and
Mr.. Varian said to him: State whether
you ever revoked the appointment Of Mr.
Franks as baillif prior to his appointment
as deputy marshal.
Mr.. Brown objected to this on the
ground that he claimed it to be entirely
immaterial and irrelevant.
The Court overruled the objection, and
Mr.. Brown took an exception.
Witness answered-No, did not.
Mr.. Brown-You never appointed him
as bailiff, either, did you?
Witness-Yes, | did; he acted as
bailif up to the time l went out OF office.
Mr.. Brown-Did you give him writ
ten commission?
Witness-No; the law does not re-
quire it. Excused.
Mr.. Brown moved to strike out all The
testimony relative to the appointment OF
| Franks as bailid.
Liz 1UuTl utIlltu Illt IlOllOll.
Mr.. Ireland was once more called, and
said: | can't say exactly how many
bailiffs / have appointed; | was always
careful to revoke one appointment before
making another; when Franks became a
guard his pay as bailiff ceased; he was
reappointed a bailiff when he ceased to
be guard | remember having appointed
him bailiff. Excused.
Deputy Franks was then recalled: |
have no recollection of having been re-
appointed as bailiff after returning from
the Pen; the Marshal told me that l
could act upon my old commission.
Mr.. Dickson arose and stated that
before the case went to the jury he wished
to make some argument against certain
instructions that had been asked by the
defense, and in support of those asked
by the prosecution
After discussing this at some length,
and citing numerous authorities, Mr..
Dickson began his argument upon the
evidence OF the case. He laid partiular
stress upon the evident facts that both
Treseder and Jones were aware OF
the fact that Franks held an Office
which would enable him to give them
the desired information; he referred to
the memoranda mentioned i'll yesterday Is
testimony, and after reviewing the entire
ground briefly, he gave way to Mr.. Young
Mr.. Young, for the defense, started out
by saying that the evidence was SC
meagre that he didn't know where to be-
gin, and accused the prosecution Of pill
ing up witnesses in order to awe the jury
with the great number. The principa
point he wanted to make was that the Of
tense was not an indictable one, and in
order to do this he was forced to admit
that it was not very honorable one; in
fact he said that it was low business.
This last remark went to Jones' heart
to such an extent that during the remain.
der of the argument he looked as though
life were not worth living.
At the conclusion OF Mr.. Young's argu-
ment, the court adjourned until 2 p. IN.
The greater part OF the afternoon SEES
sion was taken up by Mr.. Brown in his
argument in support of the instructions
which Mr.. Dickson opposed during the
morning session. He laid particular
stress upon those which asked that the
prisoners be discharged on the ground
that Franks was an accomplice to the
crime, and he argued every point at
length, quoting authorities and citing
cases.
At the conclusion of Mr.. Browns ar
gument Mr.. Varian arose to close for the
defense in the discussion Of the evidence.
The case will undoubtedly be submitted
this evening, and tomorrow will bring
forth the verdict.