The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-11


witnesses to prove that the grand jur!
/ Is not a secret body and 1 ask an in
veStigation of their conduct in this re
gard
Judge judd protest against tni:
attack on the grand jury.
| Chief Pratt refer to only one mem
her of it, I have nothing against the
others, more than half OF them are my
personal friends. 1 wish to state fur
| Their that there are other peculiar cir
cUmSIances in this case whereby 4
would be disgraceful and dis[honorable
for me to go ahead and answer Uha1
they seem TO insist upon. I realize
your honor's position, and I do mo-
ask for any mercy in this business
am willing to bow TO the mandate OF
this court, and am very sorry to have
to take the position I 90. I do it re,
gretfully, but 1 must say that I caamot
help it.
Foreman Hill-I am instructed D,
the members of the grand Jury
to say that the prosecuting at
torney is not the instigato,
Of this investigation and it is not ht
who Is pushing it. He was not in tht
room when the investigation was be
gun. It is another party altogether
who demands the case to be investi
gated.
y
Judge Bartch-This matter comes be,
fore the court in q legal form. The
court has nothing against any Officer
of this court or of the law, but the Law
makes the conduct Of this witness ar
oTense. It is not within the province
Of the court to question the motives o1
the grand jury. If that body was going
to indict the court I could not interfere
in airy way. There is but one way in
which their work can be questioned, il
they have failed to do their duty and
that is by a subsequent grand jury
again Committed.
Chief Pratt-Will your honor allow
me to consult with my attorney before
passing sentence?
Judge Bartch-Yes.
Judge Powers was not in court. but
was sent for and after a. few minutes
consultation with Chief Pratt, said: ]
desire to urge the point whether the
question asked is a material one. and
whether it is Il question concerning
such subject matter as would in the
Judgment OF the court be legal evil
dence?
Judge Bartch replied that the report
from the grand jury was that they
were investigating u United States
case. He had also reached the conclu-
judge Powers said he desired TO make
objection to the passing of Judgment,
on the ground that the question was
not material, and further that ii was a
privileged question.
Judge Bartch inquired whether the
witness still refused to answer the cues
tons put to him, and, having received
an affirmative response he said: 1.-THE
order OF the court is that you be COM
mitted until You have answered before
the grand jury, or until the further
pleasure OF this court
Judge Judd-Committed to whor17
Judge Bartch-To the custody of the
United States marshal.
Judge Judd-Wil your honor DISPOSE
OF the other cases?
Sneets and Ferguson.
Judge Bartch-The witnesses Sheets
and ferguson may stand up. Continu-
ing his honor addressing them asked if
they had heard the statement made nv
the foreman Of the grand jury. He re-
peated the question and asked if thew
sun refused TO answer, to which both
replied that they still refused.
Judge Bartch-Have you anything t.
say why you Should not be adjudged in
contempt?
Mr.. Ferguson-Yes.
Judge Bartch-I don't want TO hear
anything more about the duties of +ha
grand jury. II YOU have ANYTHING to
say why sentence should not be PASSED
upon you do So
Ferguson-I have been instructed nv
a member of this grand jury not to an.
swer these questions. and he said:
Ferguson, will stand at your back"
and yet he has permitted the same
Ferguson TO go into court for con-
tempt
Judge Bartch-Have you anything to
say to that, Judge Judd?
The District Attorney-No, sir. 1 can
not believe it OF that grand jury; they
are al honorable men.
Judge Bartch then made the same
order Of commitment as in the case OF
Chief Pratt
Judge Powers then said-The chief
Of police is ready to inform the court
at any time OF the names of witnesses
who would report that they had
learned of what has transpired in the
grand jury room and further prepared
TO support the statement made by Fer
guson, but only charging one grand
juror.
Another Job for the Judge.
Judge judd wish the gentleman
would give me the names OF the wit
nesses who will state that they have
conferred with the grand jurors about
this matter. Then your honor will
have another job. certain.
Judge Bartch-You may confer to-
gether on that
Judge Judd-Yes, sir, want 'em.
Foreman Hill am directed by the
grand jury TO demand that those wit
nesses be brought before us
Judge JudG-We will ask that AIr.
Pratt be brougeh before the grand Jury
and give US the names.
Judge Bartch-As I have already
stated, counsel will confer together.
Chief Pratt and Officers Sheets and
Ferguson being required as witnesses
n a criminal case then being inVesti-
gated in Judge Bartch's division, re-
NAMED in court
This closed the seance for the time
,eing and the regular order of business
vas resumed by the court
Again Subpoenaed.
In the afternoon Judge Judd went
before Judge Bartch and asked that an
)rder be issued 20 the United States
marshal to bring Chief Pratt and Desk
Sergeant Ferguson before the grand
ury at o'clock today.
Presumably this is an indica ton tina {
he members Of that body desire to
INQUIRE into the charges made by the
,hief, that one Of their number was
giving away their secrets.
Tyne Was Indicted.
With reference to the charge made
" Chief Pratt in his address to the
curt that the district attorney had
reelected to do his duty in the case
{ Tyne by falling to prosecute, Judge |
udd called attention to the fact that |
tyne had been indicted by the grand |
ury on Oct. 26 on the charge of en-
ezzling 5000 from Walker Bros, and |
hat in the ordinary course q warrant |
ad been issued for his arrest, hence |
ne district attorneys skirts are clear |
q the matter