The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-03-19
ATTORNEYS IN CONTEMPT.
The Dignity Of the Court Must Be
Upheld.
EVEN IN PICKLE SEIZURES.
The Sequel to Deputy Sheriff 0'BrieD's
Coup de Main.
Judge Bartch Grants a Divorce Decree,
and Hears Arguments in the King
Casc-Jurors for the April
Term-Court Notes.

The somewhat celebrated 'tpiekle''
case, out of which grew the contempt
proceedings instituted against Sheriff
Mcqueen. Deputy Sheriff O'Brien, and
II. e. and w. 3. Booth, by United
States Marshall Benton about ten days
days ago, came up again before Judge
Zane yesterday for argument by counsel.
The testimony was heard last Saturday and
the case was argued yesterday by Thomas
Marrioneaux and Judge Bennett for
Marshal Benton, Judge Loofbourow for
Il. E. and W. B. Booth, and Judge
Powers for the sheriff and his deputy.
Immediately following the argument in
this case came a motion of the Illinois
Glass company and other creditors to
dissolve the attachment in the case Of w.
A. Chapman "a. the Salt Lake Pickle
company, which is the attachment issued
to the United States marshal prior to the
levy OF the sheriff, out OF which came
the proceedings Tor contempt.
The motion was made on the grounds
that the attachment was improperly IS
sued and that it was sued out by the
plaintiffs cc.lusively with the defendants
and was being SO prosecuted. 10 sub
stantiate these allegations several fida-
Wits were submitted which tended TO
prove that w. i. Chapman was secretary
and manager of the company when the
attachment WIS sued out
When the latter matter was called up,
the attorneys assured his honor that 1t
would not occupy over an hours timc,
but, although il was taken Up at II
O'Clock, il was not submitted uuJil 4:30.
After reviewing the testimony IL the con-
tempt case his honor said in substance:
It appears 10 me that the manner in
which the defendants secured possession
of the pickle factory was clearly an inter-
ference with the Keeper II charge and
with the process of the court. OF course
the process was OF the court and the
property was in the custody Of the law
under the direction of the court. So, if
interfered with, the interference would be
with the process OF the court. am inclined
20 hold it as q contempt OF court. If coun-
Sci was not satisfied with the original
writ, they should have put their writ in
the hands of the marshal. and would have
made their levy subject to the first levy.
But instead of doing this, the junior writ
was put into the hands OF the sheriff.
have no doubts but that Mr.. Gray knew
that the property had previously been
levied upon, and if he did know it, he did
wrong Some courts would punish such
an act severely. but the case was not
brought against him. This doesn't ex-
cuse the sheriff, though, ii he was ac-
ouainted with the facts, but it is proba
BE that he was not. The deputy sheriff
knew it though, and SO did Mr.. Booth.
The objection has been made that the
writ was not fair, but it looks fair upon
its face. Still, this would not excuse
these parties, even if the affidavit IS de-
fective as it appears to be. Under the
circumstances, though, am not dis
posed 10 make the punishment severe.
only desire to uphold the dignity Of the
court, The court is an institution of the
people and must be respected. / shall
fine Mr. II. Z. and W. B. Booth and
Deputy Sheriff O Brien SIS each.
In the matter of the motion for the dis
solution of the attachment, his honor
then stated that he would sustain the mo-
ton.
The conviction OF contempt only ap-
piled to the levy made at the factory in
Brighton and not to the property seized
in this city. On request of defendants a
five days. stay was allowed.
SHORT ORDERS.
wv. Judd vs.. w. H. Culmer; appeal
relnstated and leave given to file amended
complaint.
william E. smedIey ct al. VS.. III.
Shaughnessy; order made confirming sale
OF collateral security.
F. f. Gregg vs.. j D. Walker; decree
of foreclosure entered in favor OF the
plaintiff fer 2, s50.65
Aaron Keyser vs.. Thomas MATHEWS Ell
al; motion to disallow Judgment for costs
allowed.
James Storey VS.. z. Wood; appeal dis
missed.
Peter Anderson of Denmark and Will
lam c. G. Gebhardt OF Germany we're adj
mitted to citizenship.
Solomon Strsl7cs VIC Edward RroVn of
al. motion to dismiss set for March 25th
Colorado Midland Railway vs.. E. c.
Coffin ct al. motion to set aside report of
1-afarae set for March 25t h