Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-06

WnsTO WIN ulllCeIH ia the discharge OF
thoir duties 10 became necessary 10
shield certain parties % far o. possible
aud where they should not he pressed
unless justice and society really dc.
mnndcd lt.
HARrE MAY 90.
Then Judge Powers called up the
case OF Mt. Harte, who was before the
court yesterday, and who, he said, was
ikely 10 be again. lie was proceeding
70 offer sumo tuggesliUns when
District Attorney Judd arose and
warmly protested against what he
termed "tliH inteUoo.iOn into the
duties Of this grand jury, aud this lee.
tufe from Judge POwumnl
Judge Barteh-lt Is q matter the
court will receive any Information
upon that It can. lt 10 a serious mat
tor.
Judge Powers said he appeared for
Mr. Harto and submitted that Wbo.
cause this man Judge judd "
clothed with little power he
has no right to iusist when the
rights Of onu's clients are In jeopardy
that he shall not, at every stage Of the
proceedings, DO heard. /, ~ an ut.
,0rucy 40 this bar, am clothed with as
much power no tho public ptotecut0ilp
Judge Judd-This 10 not n question
10 be discussed here by Judge Powers
or anybody else. The gtanu jury un.
dcfstand their duty anu will perform
IL.
Judge Poweu-Thls involves the
same principle.
Judge Juid-Mr. Harle Ia not before
the court u tne court please, aud will
not be.
Judge Powers-That settles II with
me, then; am out OF the case.
Judge BaTtch then turned TO Chief
PTalt and said-After what has been
said, do you decline to answer
CDiei pralt-If thought II was fof
the public good, nud that was cover
Ing up a serious crime, I should mOst
lily anawer. Under tue circum.
stsncus, ia the way this has come w,
and having given my word ~ the lady,
with oil due respect 10 the court anu
Jury, | must decline 10 answer the
question.
Judge Bsrloh-rhen will take the
matter under adyiaumont until two
O'Clock.
When court ro-couvunei this aner-
noon Judge Powers took up the cudgels
on behalf VI Chiei Pratt. lie gave a.
further reason why the witness
should not answer that II wsB not n
question Tor tue prosecuting attorney
20 decide, but for the grand Jury
itself.
District Attorney Judd said he dc.
sired 60 put himself on record Ha oppog.
ing any such proceeding, especially o.
the witness undertook to instruct tho
grand lucy that THIS was not a case
which ought 10 bu Investigated. A
pure point Of law was here involved
and ouo which the court was obliged TO
decide.
Judge Barloh then remarked that It
was rlght Tor tho court TO protect an
officer In proper way, especially
wnon he had given his word that he
would not reveal tho secret. IL was,
however, also fsct that tbs mbers
Of the grand jury were bound by their
oath not 10 reveal any OF the secrets Of
their Investigations, except 10 the
court. In this case the witness must
answer the question.
The granI jury then retired to their
room, accompanied by the district at.
torney aud Chief Pratt
They all came back into court within
few moments, when Judge Judd
stated that the witness still refused to
answer.
Judge Powers wanted the Jury
p0llcd, IN order 10 ascertain how many
OF their hunter wanted tue question
answered.
The court directed that this DO done,
but tho district attorney protested
sgainsI II, saying the court had no
right TO compel tue grand Jury to di,-
close In open court what transpired IA
their room. AZ public prosecutor no
Judge judd must"protecp the grand
jury,
Judge Bartoh said II the district at.
totney objected the court would not
insist. Tho witness would DO commit.
tod TO the custody Of the United 5tAtes
marshal until be- answered or til the
further order OF tho court.
Judge Powers said the public prose.
outor had no right In the grand Jury
room and no rignt 10 act for this grand
Jury In the way he hal assumed.
After some further talk on this point
the grand jurors returned 10 their
room, Chief Pratt was "conductedD
away by Marshal Brigham aud depu.
ties, ana the curtain Tell.
TWO MORE coMMIITALs.
AtS;l5 the grand jury and District
Attorney Judd again appeared In
A. II