Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-09-27


In full expectation that the charge
Of assault preferred against County
Registrar J. II. Walden, arising
out Of the scuiils iotween him.
self snd Judge Powers las,
Monday, would be Investigated
In Justice whi,chorn's court today
big crowd Of local politicians Assem-.
b,ed In the lustIce'a sanotum a. PAN,
the hour named for the commencement
" the inquiry.
Jutgo Power, tue complainant ami
damaged" party, was one OF the
earliest arrivals, accompanied by AZ.
torney II. 5. McCallum, who is asso.
ciateI with Assistant County Attorney
Eichnor on bonali OF the prosecution.
But there was no sign Of the defendant
nor his attorney; aud 10 all present
were setting little impatient after
waiting half An hour or w.
Attorney Elchnor, addressing Jus.
tIce whitohoru, faid-I understand
that In the case Of the people VI tue
Territory OF Utah against J. b. Wal.
don, charged with assault aud battery,
the defendant never gave a bond.
IL that correct?
The Justice replied that It was.
Mr.. Eichn0f-That the defendant Is
sizply IN Tue cuitody Of the sheriff.
Again the Justice said yes. "Where-
upon Attorney Eiunnor askod
or an order Of the court
---" hat j. Is. Walden be pro.
! duced mere within n reasonable TINS
/ or that proper showing be mtds why
] he IN not produced; anu that the sheriff
| be instructed ~ tbut effect" Counsel
fumafkoI upon tue fact that Mt.
| IfilchlUw, the dtirnianps attorney,
WuH not present. Last evening, when
! tho Casu came W, he was asked TO con.
eeut 20 n cOnuuuauce anu assenteG,
/ Mf. Cfltchl0w telling him that they
/ cIuId te here at ! O'Clock today.
| lie Mt. Eichu0f) wished II distinctly
uuuef-iO that the prosecution want.
ed no "mankvying businestn In this
case, anu asked tnat the sheriff notify
the ueiendAups attorney tnAt the du-
ionsnut was now wanted Of that no
must make proper showing OF ain Ia
VT.
SHERIFF II Queen started OUT on bis
rrRnI, but met Attorney Cf.ichl0w
near thc uoUrwoyi just coming in.
Mr.. Critchlpw &C Jucu UXplaine 1
that Mr.. WHidcu--whOm lac saw At his
house Just fore y O'CLOCK this morning
WIS then IN br1,auu To all appearance
very sick man. since then DR.. II. =,
] ll..A IA
aud nc his request sent a note 10 Judge
| Powers. uuuer thee circumstances
he nust ask 20 have the c..se post.
pOned until Mr. Walden was able 10
attend.
Judge Powers produced DE- Bascom's
letter. 10 stated that Mr.. Walden was
confined 10 his bed by illnrss aud hs
saw 'n0 prospect Of his being ablu TO
get out again for day or twu.n
MIR. Eichuor was no, satisfied with
that. Il was not medical certificate,
but u private note, aud therefore IN.
suilluieut fora continuance. Au IN.
sisted ugOn either an affidavit or tho
return VI the sheriff that cue IL not
able to produce the body OF the prisoner
on account Of uickntss."
Attorney Cfitchi0w was surprised.
He said he hau not been accustomed
% ioftify statements OF this kind made
professionally, by affidavit.
Attorney EichnOr-You cannot tes-
tify whether be Is sick or fcigning
sickuees.
Attorney Critchlow-I know Mt.
Walden very intimately, and | know
what the nature Of the attack n.
have nursed him through good
many.
Attorney Eichnor was not 10 DO
"hlEed over" ana Insisted upon his
request being complied with.
Justice Whitehofn agreed with the
prosecuting attorney, that the uootot's
note was insufficient to grant further
continuance upon, lie thought the
sheriff should make a return.
Attorney EichnOr--l do not doubt
MI. CritchlOw's word, but | want this
matter Ia propershape.
SO on trlpped the sheriff TO perform
his July and he was desired 10 "makO
due return" az 4 pm
All Witnesses in attendance were
told they need not "cOme again" until
nUtiheu,