Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-10-09
THE DISTRICT COURT.
". N. Eddy Sentenced 10 Two
Months Imprisonment.
YOUNG FUssEr CHS ONE YEAR.
Court Declines be Criticized by Judge
Powers-IJnberg's Case-A
Hung Jury.
Judge Bafioh Is buslly working on
the criminal calendar today.
Doc INN nAoI.wAnD srrr.

Ills filbI uAClsWAhD hIEPs
WIN. Fussey, young man Of re.
spectacle appearance, plead guilty to a
charge OF burglarizinr room at the
Chn House, on March 23rd Of the
present year.
Judge Howat, the prosecuting at.
iorney, saii this was = case, Ia his
opinion, In which the lghtcst pos iblc
sentence should be passed. The dc.
fendant had been In Jail seven months
already, ana the sheriff had Informed
him that during the tune Fussey hal
remained In the county is.l his con
duct had been Of the beet.
In answer to the court defendant
said he committed the otiense because
he was destitute. THIS Was tno nnt
time he had been In trouble.
Sentence, one years imprisonment
In tue penitentiaIy.
rOwERs FIGHTS FOR EDDY.
La the case Of W. n. Eddy, found
guilty last week on an indictment
charging him with iornicatiou, anu In
which motion for new TRIAL was
made by deiendanps attorneys Puwers
a stfaup), Judge BarIoh now over
ruled the same. He said the main
ground upon when tho molten was
bised was that the charge OF the court
WIS not given IN Siiiitg or taken down
by the ficial reporter Counsel Tor the
defendant were iu court 81 the time tue
charge was given, but did not
call the counts attention h
the omission, nor was anything
said about II until the Jury had IT,.
tifed. Under these circumstances,
aud under pfoviuus ruling Of tbe
territorial supreme court, hu therefore
held that counsel WSivtd their right.
Moreover, the lilloial reporter ha1 IN.
formed tue Court that counsei told
him he need not report II,
Attorney Sttaup tJ0k an exception
aud was granted thirty days Ia which
20 nlc bill VI exceptions.
Judge Powers came into tho court
ON "a lew moments later anu moved
ior an arrest OF JUS mrni, ON the
gtuuud that the verdict was not ode
c.afel" by the Jury IN tuis case. Toe
invte banding Ia Of writteu verdict
cieik was not, lie ContenueI, In con-
Iofmity with the statute.
A good deal OF talk between ythe,
court aud counsel o4' either side en-.
,usd anu Julsr- Powers at length
waked rather warm, femarkiug; "The
CsuTt IN presumed to know the law and
tue practice and not walt for counsel TO
direct himln
Judge BArtch-I want here 20 say 10
counsel that DO not care ~ have any
further criticism on the action Of tue
court.
Judge Powers remarked, however,
It was poor privilege 10 n prisoner 10
have higher court - appeal to u he
could not get his rights in the court
below. Tue law was presumed 10 give
him n fair aud impartial trial Ia the
lower court, Just a. N there was no
other court OF redress. The point lac
desired now to make was that no yer.
diet had been "dsclated" In this case.
Judge Bart h repeated what no said
before Judge POweTs's arrival as 10 tue
statement OF the official stenogTapher.
Judge Powers was wr0tn aud oU.
iecied 10 be placed In u false light. lie
said the reporter wanted 10 know when
the case be an n lac desired II reported
at his own expense, aud Of course he
uid not. 10 seems mat no provision
IL made ~ the statute for reporting
United States cases. The ludgo's
charge should, however, have been IN
writing,
Judge Bhrtch said he could not Zee
the reporter from where he sat on tho
bench, aud was unaware that II was
not taken down until his attention had
been called ~ the fact by counsel.
On being appealed 10 by Judge
HOwat, Clerk Looms said he took the
verdict Ia this case the same rs In all
others, anu put the final question. $50
10Y you all, gentlemen"
Judge Howat said there was simply
nothing 10 Judge POwors's objection.
Ii was altogether frivolous.
Judge Powers observed that hs the
police had failed 10 convict Eddy first
for the bow anu arrow business, then
ON charge OF yRgrancy, they deter.
mined 20 catch him somehow, anu ~
arrested him on the present charge.
This was u case, he suggested, ia which
a hne might be imposed, instead Of
imprisonment.
Judge BarIch asked Judge llnwAt
whether he considered this proper
sasr for fine.
Judge HOWata answered emphatically,
UNr,n 10 defendant vas guilty, thuu
no brought into court u illness whom
he we'll know committed perjury
AZ well as cOmmittuI pviJury
himself, in bis own bebalL lie did
not look upon this ~ tho case u -,
good man gone wrong"
The court passed sentence OF two
months In the penitenisTy.
Judge Powers applied that tho de-
PENDANT he admitted 10 bail pending
the appeal 10 the supreme court, gnd
the court took the application under
adylsemenl,
Eddy-couTt
THIS afternoon the court fixed the
deiendanps bonds AT sbOp, the suTeties
10 be approved by Comm,ssioueTG Green.
man.
LYNBERu's AppEAL.
The hearing Of the Gaze Of the Peo-
pie Vi Fred q. Lyuberp, begun yesle6-
day afternoon, was resumed tuis morn
log. Az stated In Monuay's NEWS, the |
Defendant, ON July .bth, plead gully In !
Commissioner PTatt's court 10 a charge !
OF having apeHred trout IN his posses |
zion and was fined $50 anu costs, From
that nne, which was deemed alto
gether excessive, the Defendant prose-
Cuted the present appeal.
Judge Howat admitted this morning
that the appeal was proper one, the
fac, In his Opiuion, having been
ia pretty sally one" under tue
circumstances. He again called
attention TO tho fact, how ever, that ~