The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-03-04
HOWARD KINGS VOTE
His Attempt to Cast 1t for An
other Man Lightly Regarded.
ONLY A FINE OF s25 IMPOSED
Judicial Farce Which Ends with the Dis
missal of the Jury and
Change of Venue.

vote at the recent municipal election.
The case was called for trial before Com /
missioner Norrell weeks ago and there
have been four continuances, the defense !
endeavoring to have the case dismissed, |
and the prosecution not opposing this with
the vigor that outraged justice should de-
mand. The last continuance was granted
on Wednesday afternoon, when Commits
sioner Norrell declined to dismiss the case,
ana the defense demanded jury.
At 2 o'clock yesterday, the witnesses
were on hand, and few minutes later the
defendant, with his attorneys, Oscar
Wilde Glenn, John Anderson, my Jo-Jo,
and W. @. Van Horne, entered. He was
followed by D. c. Eichnor, who made
anxious inquiries Cor County Attorney
Murphy, his chief The latter finally put
in an appearance. and after some discus
sion among themselves, the court, attor-
neys, witnesses and reporters adjourned TO
the old grand jury room, where the follow
ing Jurors, who had been summoned in re-
Spouse 10 TO the demand of the defense,
were in waiting:
Fred c, Rich, Albert Holt 7. N. Olsen,
H s. Beattie, NJ. s. WOolley, r. +. Neslin,
@. II. Snelgrove, Orson Spiers, Stephen w.
Alley, Q. j. Thompson.
MORE WHISPERING.
The attorneys held another consultation,
In which Judge Powers joined. Finally
"PrOseCutOr' Murphy asked that the jurors
retire for short time and when they had
gone he opened the ball by saying, ~ IN
derstsnd that your honor has already ruled
definitely upon g motion to dismiss this
case, the motion being denied.''
The Commas ioner-No, | merely con-
sidered the statements made by witnesses
for the prosecution the other daV
Mr.. Murphy thereupon catechised Mr..
Williams as to the chances OF convicting
King. Mr.. Williams declined TO say, as he
was only witness in the case.
Mr.. Murphy then put the same questions
TO MIR. McEnany, with the result that 1T
was decided to proceed with the prosecu-
tion.
a discussion here arose as to what the
complaint charged, and Attorney Williams
was asked If he would amend it to charge
King with fraudulently attempting to vote
more than once.
Mr.. Williams-No. 1 will make it charge
him with tTsuduleDtly attempting to vote
in the name of d. A. Engler.
Commissioner Norrell-I wish to say that
while l declined to grant a notice to dis
miss, it was because the statements of the
witnesses showed q state of facts which did
not justify such action. If the prosecuting
attorney wishes to make motion at this
time, will hear IT.
Mr.. AQrpuN-N1r. NllllauS THINKS the
complaint should be amended so as to
charge the defendant with fraudulently at
tempting to vote ct the Fifth precinct, he
not being entitled TO vote at said precinct.
The amendment was accordingly made,
and MIR. Van Horne promptly demurred To
the complaint on the ground that 1t did not
state facts sufficient to constitute public
offense.
The commissioner overruled the de.
murrer.
MIR. Glenn-Now, if your honor please,
we object 10 this venire of jurors because
it was not issued as required by law, unless
being served by the city marshal, The sher.
If or deputy sheriff.
The Commissioner-Well, / will over
rule this motion without any further argu
ment
Mt Van Horne-Then, if your honor
please, we viii waive jury in this case.
STRANGE PROCEEDINGS.
The Commissioner-Thi is very
strange proceeding. Yesterday you re
fused to so on without jury. To-day yoI
come in and abandon il after the eXpens,
has been occurred in getting jury. 1
strikes me that this is very strange pro
ceeding.
Mr.. Van Horne-Well, there are othe,
counsel iu the case now.
The Commissioner-Call in the Jury.
The jurors fled into the room. and, ad
dressing them, Commissioner Norrell said
Gentlemen, I have called you in to sa-
that after the defense had had you sum
moned, they declined to have you serve
and insist that the court shall hear tn
case. You will be discharged
Then there was another long wait Will
the attorneys considered what move wa
70 be made next. The commissions
finally grew impatient over the senseles
delay and said: what proceeding vii
you take next. Let US do Something
Mr.. ElchnOr (modesuy)-It's with them
Mr. Van Horne-Will you consent to
change Of venue TO Commissioner Meyers
The Commissioners (wearily)-Yes,
both sides consent to il.
CHANGED TO GREENMAN.
Mr. Murphy think we will gain tim
by taking IL before Commissioner Green
man.
Mr.. Van Horne-I have no objection I
him, but / have one little reason for wist
ing 1t to 60 before Commissioner Meyer.
Mr.. Murphy-Comms sioner Greenma
is our choice
Mr.. Van Horne-Let it go before him.
The matter was promptly transferred I
Commissioner Greenman's court. and va
Horne's frat move was to renew his ID
murrer to the complaint, which was over
ruled.
The witnesses were sworn, and
n. E. MENANY
was called. He testifed-I was at N
Fifth precinct polling place on electio
day. and acted as challenger. MIR. Kin
came up to the poll to vote, and wine
asked what his name was he replied; AZ
A. Engler.@ He was put under oath. an
testified that he lived at 800 East Fir.
South street, and called upon N
Liberal checker 10 identify him. This
checker said: 81 challenge this ma,
too on the ground OF identitv.,' Kin
then stepped back and said: ~ came he,
10 vote Tor q man who is sick in he'd
you don't want me to vote, all right y on
he started to walk of. l called upon /,
officer TO arrest him.
Mr. Van Horne-Was he under the in a,
ence Of hquori
The Witness-I cannot say as tn tba
II seemed very rash act for a sober mo,
Was he so drunk that he was irresno,
sibleI' POI
~ don't know"
What was he doing between the time ;
took the oath and the time he was cha
lenRed the second time!p
re was standing there trying to vote
And IL was after this second cballene
that ne made the statement about the sid
mRuVn WIG 'i0
Yes
Did he state to the judges that his nan
was Engleran ---' IAN
"He did,
"Do you think that the ends of inst;,
would be suDseryed by the conviction
this manr
Mr.. Murphy-Thars matter for II
court. 1O- u
Commissioner Greenmar-Yes. that
calling Tor a witness TO give a judici
opinion.
Mr.. Murphy-Stn, if the court meet
any suVlce, have no objection to his r
ceivingit from the witness.