The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-29
IN THE TOLLS.
f j. Cannon Arrested for Criminal
Libel.


Libel.
Yesterday considerable excitement
WAS manifest over the fact that J. K
Middlemiss, who has figured quite con-
spicuously in legal circles of late, had
sworn out complaint against Frank J
Cannon editor of the Standard fol
criminal libel, on account of the Stand
ards version of the trial of Middlemiss
and others for disturbing the peace
which was heard Friday evening before
Justice E. W. Mcintyre at Schofield
Emery County. The following is q
copy Of the
COMPLAINT.
UNITED STATES OF AMERICA,
TERRITORY OF UTAH, IS.
COUNTY OF WEBER
To f. " Cross, Esq Commissioner of the
Supreme Court of said TerrttorV:
John &. Middlemiss. of Ogden City, in the
County OF Weber, Territory Of Utah, on be-
half of the people of the Territory OF Utah
on oath com o. aims that Frank Cannon, of
ogden City: In the County of Weber and
airy D 1889, at ogden ity. in the County
of Weber and Territory aforesaid, did print.
publish and circulate in the Standard, q
newspaper OF which ne is editor, and which
Is largely read throughout the Territory of
Utah and adjoining Terr tories the follow
ing wicked and m ilicious and eliminating
libel against this affisnt. under the pretense
Of giving the evidence introduced in Il trial
against this afiant, to.wtt: "(Muttering) 1
take shot at you" Also that the proof
further showed that SprunL had posted up
notices on the land, and therefore it was
his claim; that Middlemiss, acting under w,
4 Williams, had torn the notices down and
posted up others, claiming it for Williams"
which statements are false, and which were
circulated on the 9th day of January, 1889,
sno which were intended with the balance
OF the article to injure the character and
business of afiant, contrary to the form of
the statute In such cases made and pro-
v1ded, and against the peace and dignity of
the people of the Territory of Utah, and
wherefore complainant prays that war
rant may issue Tor the arrest of said Frank
j. Cannon, and that he be dealt with ac-
cording to law
(signed,) JOHN R. MIDDLEMIss,
Subscribed and sworn to before me this
Z0 tSi9 aag o. January A D 1852 g. cDoss
Commissioner Supreme Court, Territory
of Utah.
f. G. Hudson, deputy United States
marshal, served the warrant. and Mr..
Cannon appeared before the commits
sloner. The people were represented
by A. Perrin in the absence of the
county attorney. and the defendant had
present as counsels, j.. R. Rogers, J. N.
Kimball, and E. M. Allison. The court
read the complaint, when counsel for
the defense raised objections. First
That the case was being prosecuted by
an attorney for the prosecuting witness
and that neither the county attorney
nor the deputy United States attorney
were present. Objection oyerruled by
the court.
Second-That the complaint did not
state an offense under the laws of the
Territory that the court proceedings of
any court was matter germane for any
paper to publish, and the complaint did
not show that the words quoted in the
had not been used by wit
nesses in the trial. The court ruled
that the complaint meant that the
words reported in the complaint were
in effect that the witness had not made
the statements complained of, and as a
r port of trial that portion which was
uttered by the paper and had not been
in the testimony, might con-
stitute cause of action.
As the prosecuting witness was not
ready to go to trial at the time, trial
was set for Friday morning next at 10
o'clock.
The defendant was released on his
own recognizance until that time.