Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-15
THE DISTRICT COURT.
Grand Jury Will hot Report Finally
Until Monday Next.
ATTORNEY WAITE ACQUITTED
Carriers Motion Tor New Trial
Divorce Sulis-Olhsr Matters
Civil aud Criminal.

The grand jury did not present their
hnhlrcpJu this morning az had been ar.
ranged, but viii DO 90 on Monday next
When thoy wen, into Judge Bartoh'a
court about ll;ii a. M. today, District
Attorney JuId walked up to the bench
anu held a Whispered conversation with
The judge.
Several minutes later Judge Barlch
turned 10 iuc grand Jurors and uskud
them 20 defer tho presentation Of tholr
nual report until Monday morning..
Ito haI consulted with the chief justice,
ho said, nnd 1. had been decided
that tho term should close on
Monday Instead Of today. His
honor suggtH,ed that,iu the meantime,
tho grand JURORS examine an far as
possible into other offences which
might como before them, as d. would
be some umo before another grand
Jury would come together.
The grand Jurors then retired again
10 lhoir room. They presented, while
IN court, nyu indictments under the
laws Of the Territory.
WAITE Is ACQUITTED.
The trial VI Frederick Garfield
Waite, the Salt Lake attorney, On
charge Of obtaining SO by false pro-
teusus, was proceeding Ia Judge
BaftCh's court when tho NEWS report
clOsud yesterday.
Tue defendant went upon the wit
urbrainud anu testified that whom be
inuuCtd the Western Since s. Dry
Goods company 20 give him $40 Tor his
check hc July Intended 10 provide for
lie payment next morning, but was
prevented from securing tho necessary
funds by his arrest at O'Clock TINT
morning. He had drawn NUMEROUS
checks on the Utah National, wncu ho
had no funds Ia tho bank, but that
nearly all u them had been honorcd.
btcnufu Of an understanding he had
with the bank officers. Hu had col
lateral In the bank on October .3fd
worth from 200 TO $1,000. anu THAT
the amount he had Ovefirawn was not
| over SlO0, He had been drunk Tor
over two months when the check
| named IN the indictment was not paid,
/ aud he supposed that the action Of tho
bank was duo 10 his long spree. All
the checks that had been diahonored
had been tAkop up by him for cash
when he was liberated by tue police Un
| the Saturday following his arrest.
q. O. Wnittom0rc, the Defendants
| former law partner, testified that
/ Waite had u good reputation for hon
esty when they were together IN busi-
ncsp. Since Waite's Rrrrst, he had
heard about ~ much said ia his favor
rs against him. Mr.. Whitiemoro said
the pattuetship was dissolved because
Of WMIe's drinking AMI gambling
habits.
w. T.. Hutchinson bore testimony TO
defendants good reputation at Broken
| Bow, Neh.
The arguments 10 tho jury then be-
gan anu were Ia progress when court
adjourned.
The Arguments concluded about 1880
aud when Judge Bnrtoh had given his
charge, tho jury retired. After being
out OF court about ten minutes they
returned with verdict Of "not guilty"
"A result which appeared 10 have
been almost generally looked for.
| When tue verdict was announced
several members Of tho bar reached
forward aud shook hands with Waite,
| " AAN AAAAhANANN wy ANNNA " AAAN ANNN ANN
courtroom. II Ii his intention 20 start
forthwith for the cast, where his rela-
tiyes reside,
LIT 1T DE A WARMING.
VIM. Latham, a respectfully atlired
young man, convicted n few days ago
Of petit larceny, came up for sentence.
The Defendant declared that he was
not guilty oi the charge. lie also said
his aged parents were dependent upon
him for support ami appealed for
mercy.
Morris S5mmer, his attorney, 70.
minded tue court that Latham was
convicted upon the sole testimony OF a
Chlnamnn. lie unfortunately got out
on spree and that was the cause OF
his ial'iuG Into his present trouble,
Counsel further stated that tue dalsnd-
aut had "A JIh Of work 20 which hG
could now 50, ana asked that fine
be- imposed Instead OF imprisonment.
Prosecuting Attorney HUwst said hc
believed tho defendant Committed the
| oilrnsu more out Of Spirit OF brhyAu0
than as thief by instinct. He was
iuclined to mink, however, that La.
than had been spending some OF his
money IA uo,ous living instead OF
bestowing II all upon his parents. IL
however, the court thought fine
would serve In tnia case, he himseli
would not offer any objection on the
part OF the prosecution.
Judge Bnrlch expressed surprise ut
seeing young mau Of the delendanps
pAIentngu ami apparent respoCtabllity
In such u position anu gave him some
good counsel. Having obtaiutd fro m
him tho promise that he would con-
duet himself well In tho future, the
court imposed flna Of $50 anu 70.
quirod him TO pay the costs OF the prose-
culion. He was given thirty lays Ia
which to Mad the money. Tie costs
amount TO about 10.
| Latham was Indicted aud tried on
a charge Of robbing Chinaman, bu,
the jury found MIN guilty OF petit
larceny only.
CONTINUED FOR THE TERM.
w. 5. Fugate, over whose head
hangs an Indictment charging him
with embezzling n small sum OF money
belonging TO his employers, was "a
have been tried today, but by consent
II has gone over for tne term. The de-
PENDANT has been out on bonds all
along.
MOTION FOR NEW TRIAL.
Judge Powers argued motion for 0
lew trial In the case Of Charles Carter,
convicted on Thursday OF stealing GOLD
(cOatnusd on I'ags F.vs,J