Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-02-27
N ATTORNEY DISBARRED.
:, Unlocked for Incident In Judge
l,uss Court This Morning.
.ovr STARTLING ArFIpAyIrs.



Assistant District Attorney o'opnei'
.,oyed Tor sentence upon FRANK Hiii'eb
sonylc.ed o week or 10 ago on IN i"'
dielmenl charging MN WIN o"''
b,rzung quantity OF MUSE
hold goous ue'O"s'"s
new W. Z. Paltisoh' .ounse' AZ Wv
.ame time, intimated that ho sno"''
certainly oppose the feauins VI n"S
,aidaviis BY the osher sue "s " ."0
inpeiching OF the Verao'ty VI 'h'
piinolpal witness Tor inc pfoseou',on'
which proceeding would 90 Clearly I'M
prspet II the de'en isnta attorneys
hetad, had desif'u TO pring III hns
,,ch aiIidayits they should nave done
,,. trial. He INF. Btephons)
" '. a,,,,,o, af,,davils Inv the
could lIouueo
thousand, II no lesiteu'
Attorney j. III. Hamilton haid ne
b. 10 admit that the law was
NN ,,..,.t.,i,,, ~ instance.
very cleAr ia '"' .'''y'''''
that nilldavlis iupeaonIhs hS e''
lance OF IA Tltacgs could not bs after.
t. tnt,oiuc,d for tho purpose of
N''11 -, ,-,at uay.v., in
securing "e" "'N''
lace Of tue TACT that TINS was newly
Uncovered evidence,it would be hardly
s,.ro, IN allow this motion for n new
iN' NO'
Wal'
Judge Zane remarked that the law
vas pfetty we'll settled on this point.
IA. honor bowover. cons,nteI 10
"'' ~ - -, a..
bloW A"oiney h'o"o" W 'oN
lildayits. They were by A. f.
r,itocb Il. Heyls. MIR. koenen himself
,ar. ~ a,.u Edy.,d I pa,, and
'u"a - ''IN
. NE uelehuah' MhieI'
The grounds upon which the defend
ants counsel based their motion for
new trial, according to IA pre-
Jared statement, were: First, thnt the
4 court misdirectei the Jury In matter
d law; second, that the court erred IN
the decision OF questions OF law nris'
lng during the course OF the trial;
third, that the verdict was contrary ~
hv; fourth, that the verdict was con-
tnfy TO, anu Is not supported by, the
EVIDENCE; nth, newly discovered evi.
tsnee material TO the defendant and
which he could not, with reasonable
diligence, have discovered and pro.
dggrd at the trial, az TO said last ground,
b,sd upon aiildavits dated February
.ih, 1898.
W. koenen claimed that, on the
vAnss.Biand, Mr.. Pattison swOre
iI1y, aud on that ground alone he
n!lhey were entitled TO n new trial.
lie was willing to submit his motion
Without argument, ON the ailiiavits.
Mr. koenen proceeded with the read-
lag OF his afiidavits In the following
Htei;
Julia B. Smell swore that she has
iaided In this city since 1870, and had
lnown MIR. Pattlson since November,
1871. She knew mis- reputation for
uulh, veracity, honesty and fair deal
hgin the community TO he bad.
Edward J. Page has been resident
dbalt Lake since 1850, as second
hand dealer. lie says he fist met
faltison some time IN the spring OF
!ssl' lie camo to witness' then place
cuisines anu wanted TO sell him
certain household goods which he had
hthe railroad depot. Witness' recol-
kcliOn was that Pattison wanted
Hmeihing like slOO for them. lie did
not mention the above facts TO Miller
uhtll after his tfial, but would certain
" have done no had he considered II Ct
advantage TO the Defendant.
Frank Miller the doiondanpe) aiii.
oavl1 was simply 70 tn. enec, that the
evidence In NIL these uiiidavits was un.
Known to him Mt the time OF the trial.
He had not supposed that the prosecut.
ing witness would tell m untruth
with reference to the contract entered
mo between them, or ns to the value
OF The articles involved.
a. ~. Tulloch says that prior to
May 18th, 1891, anu subsequently,, he
va employed by miller to work upon
hh books, etc. Hc saw what purported
". No oiiI OF ssio signed ny w. IL.
palusOn. Before this afliant had
syv vS familiar win fatIison's name
haN'ng seen on certain goods and
o'oks-which Mrs. Miller, upon
had purchased from Pattison. Aiilant
~. , mentloneu thls matter To any
s un'ii aiier Tue triai' lie was MOI
in,s, ~ mhieIs Employ anu hau no
9th he spent greater part of the day
MOON 4lO Dooly Block. During the
gay MI, PattisOn came into that room
several times. Aiilsnt was Introduced
him az friend OF Miller.
lasy oonversed together and Pattison
'iu be could and freely would make
~ an lavit to be used In Mlller's case
a. motion for now trial that would be
instrumental In clearing Ia. defend-