The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-18
JUDGE JUDD RETIRES
And His Successor Assumes the
Bench at Provo.
COMPLIMENTS FOR THE EX-J UDGE.
Dudley, the Brute, Gets Fifteen Years-The
Wright Jury Still Out-A Wordy
War - General.

Yesterday afternoon, Mr.. Thurman fol-
lowed Mr.. Evans in the argument of the
Wright case. Mr.. King next took up the
cause of defendant, making a lengthy and
able plea for his client. He closed at 10
o'clock this morning with an eloquent per
grafton.
Mr. Evans closed for the People at II
o'clock and Judge Judd read an able and
fair charge to the jury, who, at quarter
to twelve retired.
1T CREATED A STIR.
Quite stir was created in the court
room by the appearance in The HERALD of
the Governors proclamation, stating Judge
Blackburn had qualified as as
scciate justice to the supreme court
and was assigned to hold court here on and
after the 18th lDstana.
On the strength of this, Mr. Saxey, at
tOrney for Dudley, who was to make mo-
ton for a new trial, thought any action of
the court at this time would be void and he
therefore asked that the matter be de-
ferred
Judge Judd said if this proclamation was
rue and Judge Blackburn had really quail
fed, brothers Thurman and King will be
all right, as all that had been done today
with regard to their client, would be null
ity. But his honor thoughtthis was mistake,
as he had informed Judge Blackburn of the
status of this trial, and the latter had
promised not to qualify until he came here.
which will be this afternoon.
However, the marshal was sent out to
communicate by telephone with Judge
Blackburn and ascertain the truth of the
matter. In the meantime it was suggested
TO his honor that he should take judicial
notice Of the proclamation of the governor,
but he replied that sometimes proclama-
tions didn't proclamate. He thought this
was little previous. Still if he found out
this was true he shoGld adjourn ''this here
court mighty quick" He didn't mind being
bounced odt in this way, but he
thought the pople had some rights which
ought to be guarded. Soon all was peace
again when the marshal returned, bearing
the tidings that the new Judge hadn't quail
flied, but would be down from Salt Lake on
the first train.
WAR OF WORDS.
The gentle whisperings here in the court
room few days ago between the Salt Lake
Tribune reporter and the reporter of the
Gazette of this city has grown into a whirl
wind. Already the Gazette man has been
bounced, and the Tribune scribe has "a Grim
inal libel suit on his hands. The latter was
instituted today in the commissioners
court.
milo Zip declares the interview as
published in his paper few days ago is
1.-The truth, the whole truth and nothing but
the truth, so help me Trib." On the CON
trary, Mr.. Gazette declares said statements
to be maliciously and wilfully and libel
ously untrue We breathlesslY await the
outcome.
THE NEW JUDGE.
80 the new Judge entered the court
room in company with Jddge Judd, and
was introduced to the attorneys, bailiffs,
reporters and others He was soon intro
duced into the mysteries of the voluminous
proceedings of this court. The judge is
said to be seventy years of age, but looks
ten years younger. His hair and long
board are but very slightly tinged with
gray. His build is rather pOrtly and he
mas peasant countenance and carries
heavy cane. 1t was 2:30 when the court
resumed session and Mr. SaXey made q mo-
ton for q new trial in the Dudley case, al
leging the usual grounds for his motion.
The motion was overruled. Dudley came
forward for sentence and in answer to the
court said he had to say that he was an in
nocent man. His honor remarked that if
that were true he was placed in unfortu-
nate circumstances, you have ruined
your family and brought disgrace upon
yourself. The law of Congress fixes the
limit of punishment for incest at fifteen
years. ! know of no more horrible case
than this and think it merits the
fall punishment and YOU will there
fore be sentenced to fifteen years IN
the pcnitentiary, and may God Almighty
have mercy on your soul
Dudley afterwards said he would rather
have been shot than TO have such a SEN
tence.
Judge Judd then said: Gentlemen of the
bar-Judge Blackburn, of Salt Lake, the
newly appointed Judge of this court, is
here, and if you will arise i will admin
lister the oath to him" The members OF
the bar then arose while the two Judges
faced each other with hands appraised, and
the new justice was sworn in. Judge Judd
then escorted the new justice to the bench
and bowed him into office
George Sutherland offered resolutions
highly eulogizing Judge Judge and welcom-
ing him to the bar of the court.
Very pretty speeches were made to this
resolution by David Evans, S. r Thurman
w H King, J. G. Saxey and NJ NJ Kel-
logg. The resolution was passed unani-
mously and Judge Judd in response said he
could not, if he would and would not if he
could let this occasion pass without ex-
pressing himself He mad been raised and
educated among the common people. He
therefore naQ a lellOW-IeellnS Tor them.
When he came here he met with a docket
and condition Of things that was simply
appalling. He had net these people and
tried to administer The law to them the
same as to others. He had found this
course effectual. He assured the court that
the people would meet him in the same
spirit as he administered the law to them.
He thanked the members of the bar for
their kind opinions.
Judge Blackburn hoped the members of
the bar would help him in administering
justice in this district. He was but human
and expected that he might make mistakes
but would try to do justice to all
These little courtesies over, the court be-
gan the setting of the criminal calendar
for the remainder of the term.
At the hour for the departure of the
mail, the jury in the Wright murder case
had not returned.
Provo, Oct. II.