Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-16

INNh Nl lNtNug 70 llua uUu c1uHpifHCN
were quoted from, ami Mt Van C0tt
insisted that Garter must be held re-.
ep0usi1lc hs The organizer nud leader
lu THIS matter lie hal melted, planned
aud sohomed 10 have certain Oh.
lrct nccomplishCdi was be then TO
escape while tho other men were
puuish'di simply because he was
not present al the last moment.
wncu the steal took place. Was not
Carter ono Of the elements which c1u.
siiluted this whole ludus,rlal army,
i0f tie accomplishment OF Au iIlofli
pufr0se2 WY should the head buI
font OF this offending go frUU ami
those VINO acted unGtr his orders
be- sent 10 the punltcutiafy2
Attorney Hour, In reply, enld that
thuso men could no, DO neld In con.
tempt lJr taxing tue train unless %
could DO shown tuut, al the very time
iLe ac. took place, they knew tIu
property Of the railroad was In the
hauIs u receivers appointed ny the
court.
Judge Mtrrl,t-Do you say they
must nave leri1nal notice VI that
teivcI upon ilyH2
Attorney H0utz-They must have
know loIgu OF tlst iac..
JuIg1 Muruit answered. that the
courts would Do utterly pIwefltss o.
protect property % there wns h. be-
service by personal notice "a every
case.
Attorney Hou,z cited authorities,
and still insisted that no pcTtln could
be held responsible tor violating Au
Injunction 10 uc knew nothing 0i IT,
existence beforehand; anu such was
the case here. Counsel said there was
not sciutilla VI evidence 20 show
that the defendants Moore, Burnr,
Andtcws, Sullivan aud Cassady were
connected with the afmy nt all, or even
that they we're Ia Provo last saturday;
ami iu the ue'snIants' absence Uf a
knowledge VI tue u9uf's injunction
the charge VI conspiracy ~ violate the
same must TALL ~ the ground. The
fact that Carter announced that the
army intended 10 leave the Territory,
aud 10 ride out u Il, too, cd not signi.
~ threat, and could not DO construed
iuto intiammAtory language.
But Attorney Van Colt called At
tentiOn 10 the circumstance that CAT
ter, In HE speech, challenged the
whole force Of u. \. marahals aud
police In the Territory 10 deter them IN
thuir object. Even on tue day before
the train was taken Carter announced,
at American Fork, that u tbs army
| could not 10 Ia hitleF, then they would
10 together, aud, moreover, ride, IL tue
prosecution had not proven aLy special
net against tho i've defendants be.
| fore named, II was shown they were
around the engine and formed part Uf
tue body OF men who performed those
| overt acts. Counsel said that before the
engine was stolen Engineer Blake
called upon the men 10 dcsist, and
Waraed them a their wrongful Inter
ference. Air. Van Cot also t..
marked that even alter they
were made aware of tho property
being Ia the hanus VI receivers they
did mol dosisl Ia their unlawful acts.
The arguments lasted until 1890,
when Judge Merritt said the
motion tor tho Tultase Of certain
Of the defendants would lr
overulod, ana N they had
any evidence 10 Adduoo tending 10
purge thon Of this charge OF contempt
they would now he heard.
IL being close upon 1890, an nd.
Journment was taken tlll . y. IN.
TESTIMONY FOR THE DEFENsE.
When court rc,umed at . O'Clock
testimony on behalf Of the defendants
was intf, duord. rome little delay WAS
OoCatiJntu, however, owing 10 the Ab-
Henu6 OF one OF the attorneys.
"Genefhl" Carter was the hfai wit.
ness. lilo said he had resided ia salt
| Lake ever since the fall Of 1880, and
/ was by trade a carpenter. He wAs
acquainted with some Of the defend.
ans. He arrived NJ Lehi week ago
/ tomorrow, aud had command while
there OF probably 800 men. On Friday
| night last, about 10 O'Clock, no Lott the
men Ia camp at Pleasant Grove, went
ON himself 10 American FORK and
stayed the night nj a boarding house.
| Most Of the men were "in bed" ami
before leaving the camp ho gave stiort
orders 10 them, Ia tho presence Oi two
law officers, 10 put ON double guard
that night and not allow any man
outside the lines alter nine O'Clock.
| Prior 10 THE, ON thu Thursday night,
some twenty or thirty men had
deserted the RANKS while he was speak.
ing at Lehi, AMI that was his reason
for giving this Instruction. Witur ,
1 lett the boarding hOuss between Huu
o o'clock next morning, rot having
seen any OF the army after departing
from Pleasant Grove, That was
the fifst time no heard Of he
trouble on the railroad, aud VIII Good
sell was his informant lilo had no
knowledge whatever OF their gOiug 10
PrOvOI hey ladlno consulted him %
| the uiuttuI boo any way. lie did not
advise his men, at any time, 10 "lakt"
tram; ais uusrl hal always been to
tue c0uttrry, aud tho men wefe"swuTn
! under uAthn not 20 touch any mans
property. Witness himself always
sW0re In the men,
Judge Murru-Y0u have no power
Of yourself 10 administer au oath.
Attorney HIulz-lt II a matter OF
honor not Of law,
a copy OF the rules OF the 0rganiza.
ton was here put Ia.
Witness, continuing, said his declare.
| lions to the army hal always been In
the direction Of peace aud order, lie
counsoled them always 10 bs law.
abiding.
Attorney HOulz-Dli you advise any
| Of your men 10 take train from Lehl
| junction Rt any timer
Witness answered positively, ono
slr, / did not" He added that ht
went on 10 Provo on Saturday morn,
ing, on hearing that his men had been
arrested there. Witness was then OF.
rested himself anu had not been iu
command since.
In cr0ss.eX animation by JuJgp Mar.