Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-10-03
CONTEMPT OF COURT.
Dr. ]. II. Benedict Fined $50 and
Costs by Judge llla
ARRESTED OS Az ATTACHMENT
lIo Abscntcd himself Without Leav,
asa Witness aud Dld Not Give
a Satisfactory Excuse.

"scusailour when tho tfial % youug
| Clarits Afnup. charged with Causiur
the Death ola Chinaman (wong Kong
Kim), was resumed nufyre JIlss Iu1
uul a jury mi, morning. Anon. tao
witnesses called by tho ttUvcIiou
yesterday was d.. J. ". Benedict, OF
tbs ciiy. iiis examination was
Iolrchiug one, aud conc,alel iu.t o..
fore the cour. adjourned Cor luncheon.
rho witness was instructed o. Doc
ON hand agaiu Mt . pm, fof cTou-
examination by counsel i1f tAo tCieusa;
but he failed TO show ~, auI li,gg
wnitlnga short tins Judge hiuo .ircct.
cd that nm attachment Issue Tor tho doc.
tors arrcsl. Tho warrant Yves placed
in tho bands OF Deputy MaUhu
Bonan Cannon, who This m0mlug
prese ted his "ptironor" TO the court.
After several small matters hal been
dlspos,d OF De. Benedict was invited
20 so upoa the witness stand, aud
Judge ~ q, addressing him, faii-
When cjurt adjourned yciiurisy Of
hal..pHst tNclvo O'Clock, you wsfo IN.
iormcl that you wouii be- required TO
be here ~ . O'Clock 10 be- cfua-rXamiu.
cd. WIZ diiu't you attend.
Dc. iuuudlDt-It was Uuu of those
Unavailable incidents which NO some.
times occur IL WIS a case VI lie aud
death, and 1 could not get here,
ia lgo h luc-Hduu WY did you not
leave WORT 10 that elect win some
0n,2
DR.. Bunedir,-I could not then, At
the tluU; 10 waH case OF urgency.
| Judgo Ltnt-Nuat was the name OF
the person 10 whom you were calluI2
DR.. Ecneilcl-l forget the name.
Judge Lano-Wrs 40 n man " a
woman
Dc. Bc0odiu,-A man.
Judge ZAur-WnrTo did ho llvo2
d.. Benedict -- About two miles
south OF the puuitcntiarY.
| Judge Zgnt-At what place?
DE- Benedict (nitur n pausVJ-9nme-
where nrAr Cottonwood creek. 1 do
not know u.H name. 1 lost consider.
ablo time finding the place.
Judge Ziut-N What tins lii you 20?
ID. Bruuiic,-Alm0st Immediately
after leaving tlu crurt tUor. l looked
upon u az "a matter Of urgency.
Judge Zlue-Wnrro H. the man now?
DR.. BeuodiU!-At nome, | supposu.
Judge Zaue- What was tue treat
menI you gave hlm2
DIR. Benelict-l didn'tgiye him any
at all. DIDN'T fnd the place. Laugh
teri L drove all around though.
Judge Zaue-What time diI you get
back 10 tow?
| he nnuatt.f. fFtttF yt4tU,Nr
Judge Zane (shnrply)-Why didn't
you come here thtuG We did not I'd.
lOurn court an after O'clock. You
knew you were wanted. We waited
Tor you Hn hour or wv.
DR.. Benodict--l thought II was un.
necessary thea. could nave come NJ
that time.
Judge Zane - A man OF your
experience should have known. The
prosecution had examined you at con.
siderable length, aud the defeuse
should have had the opportunity then,
and you were told u be here ut .
O'Clock. Doctor, your explanation
does not seem very satisfactory. You
do not know tho mans name, you did
not iind him, you came back ut
O'Clock you say, aud yoI you did not
come here.
DR.. Bunsdicl-It may have been
nearer i've.
Judge Ztne-Woll, doctor, OF course
you must understand that IL IN impossi.
BILE 10 run the courts aud transact bust
ness unless witnesses and other persons
required 10 attend are compelled 10
come. We cannot allow u witness who
hos been partly examined ~ you had
been 10 trent the order or process VI the
|
treated II. II cannot be- tolerated.
DR.. Bonodict-The delay ON my part
was unavoidable.
Judge Zane-IIut certainly II could
not have been unavoidable after you
got into the town az o'clock.
DIR. Benedict-NO, that was n mistake
on my part. / could have come then.
Judge Hane severely)-Well, you
must understand that The orders Of this
court must be- obey ed-that the law In
enforced imparlially against doctors ~
well as everybody else, They must
all obey the law unlegs they have pro-
per and sufficient excuse for not doing
40. That, l say, must be- done, n nd II
anyone chooses 10 treat tho orders aud
processes OF the court with contempt,
he must suffer tue consequences. |
shall have 10 make an example OF you,
sir. You will be huBt In the sum OF
$50 aud costs nud stand committed
until the hne anu costa are paid.
70 say that the doctor looked sur.
prised lie TO express It mildly, and the
incident, tie "feusatiOu" VI The day In
court, was followed from beginning 10
end with open.mOuthed Cufigalty by
crowded audience.
"You may proceed with this OK.
animation" remarked Judge Zanr;
but a moment Afterwards his nOnor,
again addressing tho doctor (who dur.
ing the entire time occupied the scat
on the witncrs.stHnd, nsked-Dii you
talk with anyone after you went out OF
court yesterday nblul this case2
DIR. Bsnedict-NO, slr think not.
Judge Zane-lOu we're not induced
by nnyO not 10 come here
DR.. Bened.Ut-N0, not by any
mraus.
Judge Zane Well, go on with this
case; and no the trial VI young Arnup
was resumed, with Attorney j. III.
Harrla handling the doctor in cross.
examination.
The doctor "setted up" In quick
time ana there was no occasion for
Marshal BrghRm's deputy 10 attend
upon him any longer
! The prosecution was again represent.