The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-02-22

law. Hayward did nothing out What
he had a right TO do. Trespass is not
q crime; it is ma ter for civil actlon
only. 1t was a serious case, he tnougnt,
and made long effort to sho" tne
Nervousness of the crime claimed 10
have been committed. He did not care
about TIE punishment, but tnougnt
such wrongs should be set down on.
Nh. MOVIE replied be thought u was
the other side who had made the e1-
citement, who had gone up there IN an
unlawful manner. intending to per
| form an unlawful ac5. lie therefore
moved to dismiss the case.
THE COMMISSIONER
SAID that in the cases brought the other
day, the question of possession was the
gist Of the affair. This was another
case. The city stands as a private
party on the one hand and Hnck ana
MS men on the other. But 1t seems 10
| the court that the question OF lawful
arrest would arise. 1t seems 70 me
| that this being the case, the omcers
went too far, and L shall overdue the
motion to dismiss.
Mr.. MoYLE
then asked that the case be dismissed
IS 10 all others save Solomon and
Pickett, and it was so ordered.
The defense opened by the Calling OF
POLICEMAN PICKETT,
who testified that he held the position
of policeman and was also deputy
sheriff of the county. His testimony
was to the effect that he had told Hay
hnf
hitting a nuisance. He refused to
Quit, aud then told him, pacing my
hand upon him, young fellow. place
you under arrest" l did not hold him
at all-he Immediately went ABOUT his
business.
SHERIFF BURT.
saw the arrest made. He recited the
visit to the hill. and the pulling down
| Of the posts. We saw Higgins men
| irving to reset these posts, and when
We got there, several posts had neen
reset. Higgins told them to go on. and
not to take any notlce-that ne Woulo
sts nd between them and all trouble.
Pickett placed his hand on Hayward,
land put him under arrest. Solomon
was not within five rods of the place at
the time the arrest was made.
To MeBRIDE-The marshal called on
NE to go. and | understood that
whatever was done there was
I doce at the orders OF the mar
shall. The mayor also requested rue to
20. I would probably have done the
same thing as Pickett, had the circum-
stances been the same; cannot say just
what might have done.
: PICKETT RECALLED.
D Solomon had nothing to do with
making the arrest; he WAS several rod
away at the time.
To Acknowledgment did not resis
5 arrest; he resisted by taking hold OF thu
/ post and refusing to quit work Whe1
q ordered.
MARSHAL SOLOMON.
+ Had nothing to do with the arrest o
= ward, and l knew nothing of it un
t ill 1 was leaving the grounds, whel
1 HAYWARD came to me and asked me t.
II Ontinue the arrest made. l told hin
:. knew nothing about the arrest, ant
1Ioye on.
To MCBRIDE / arrested no one ant
: | made no threats 10 arrest any one. In
ool!ce were there under my order.
= The defense rested, and
G M'DoNALD
! VAS called IN reputtsl. l think l say
Il Marshal Solomon present when the ar
s est was made.
BOTH SIDES RESTED
o and Mcbride opened the arguments
~ H. thought Pickett and Solomon wer
n .qually guilty. The arrest was mad
without any cause. The policeme
lie were acting under Solomon's order:
de simply wanted the defendants con
ID yicted in order to show that such al
% rests could not be made in this locality
e. AS to the punishment, he did not CAL
~ anything about it. The arrest was nc
CT made in good faith, but under falls
r pretense, and merely with the object {
IL irving the men of the land.
Mt MOVIE said the more he looked s
a the case, the more he became con
pc vinced in his own mind that the actio
d. was prosecuted out of petty spite
re He believed that if Hayward were pre-
IN sent in court, he would ask in th
ID name of justice and common sens
that these men be dismissed. He, sui
posed 10 De the dRSlleVeu party, Glu II,
ty take enough interest in the matter
r, be present at court, and evinced n
ID interest in the outcome of the cas-
1g de reviewed the testimony offered, an
ed failure to see where conviction shoul
at be had. The officers were there merel
in the discharge Of their duty. Thel
re was danger there, there was nuisan'
w there, and there was prospect of troub
a. there. If there was any manner
e. which the arrest could be tortured in
an illegal act, it was one or such tecl
nicsl character as to warrant the oil
charge of the defendants.
IN sUMING UP,
the commissioner thought both Sol
y mon and Pickett were technically gull
OF as charged, and they were fined 80 cen
i!o each.
In THIRD DISTRICT COURT.
n n Margaret Martin VS.. Colin Marti
yn default of defendant; decree of divor
If, granted.