Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-07
Continued rom rage oae1
HABEAS CORPUS.


hvre no cause In law ior the Issuance Of
the writ applied for, aud N such we're
tho case he sid thuro wss nothing
LETT for the court but 20 dismiss this
application aud let the prisoner
be removed 10 the custody where tbs
judgment Of this court now found him.
Though II did not appear that the
grand Jury were investigating case
under tue laws OF the United States,
yet the court could take notice Of
he fact that II was u United Sta 90
case they were examining into. lnis
was court Of general Jurisdiction as
cUntradistinguiHhed from court Of
limited or partial jurisdiction. Tue
presumption Of law was In favor Of
the rightiuluess OF all It's aUte,
and It was not necessary tnst
the facts which gave the court
lurisdicliOn should DO made 10 appear
in its Judgment, provided u was de-
tenn ned that the subject matter upon
which II was attempted 20 exercise IT,
powers Of Jurisdiction was, by law,
within lts Jurisdiction. The grsnd
jury was part aud parcel Of the court
one Of iis instru nents whereby II
administered the criminal laws Of the
United States anu sue Territory Of
Utah, aud, under the Constitution,
this court could only bring a man 10
trial for a crlmiual 0ncnse after
the grand Jury had consented
that he might be tried. Here was tho
crucial test: fine contempt Ia this
ease was not contempt Of the grand
Jury, which body was but branch u
tnis court, ami tuis contempt was ono
Of ths court itself, committed In ita
presence. When this witness declined
10 answer, tue grand jury had no
power " make him DO ~. Tue only
power they had was 10 detnin him
and bring or send bin before this court,
80 let the court deal with him. Judge
Judd read VI soms length from legal
authorities bearing upon the oasc,
quoting largely from Aurd W
Prafce, j4th American decisions, tho
object of counsel bciug 10 show u was
the settled law that tue grand Jury, be.
Ing not an independent BODY but AN
appendags to the court, had no power
OF IT. own 10 compel y wiincs, 10 aI.
tend anu testify be ore II or 10 punish
him for ToiuBal TO testify, or other
misbehavior, but for this purpose must
invoke the authority Of the court,
Judge Powers seem 10 think that the
grand Jury had beon oiieuod here.
Judge POwers-i have no such idea.
Judge Judd-.Y0ur petition has that
idea aud n you will listen TO inc I viii
analyze II and give you an understand
Ing OF 10. (Lsughtor)
Judge Powers (,0lto v0os expressed
his eternal gratitude.
Judge JUDD, continuing, said the
/ petition implied that Ia some mys-
teri us way the grand Jury hal 10 do
/ something other than bring tue "pfla'
/ Ohefn before the court. That was a
proposition which he denied. The
Gully thing necessary Cor them 10 DO
was 10 bring him here; then their
/ ONCE and power ceased, 40 tar a. tho
witness was concerned. Tho Contempt
was committed "a this case when the
witness stood face 90 face with the
court, aud hc was certainly rather sur.
/ prlBed TO zee the spirit Of that contempt
| repeated In this petition. Cuief Pratt
| herein declared ~ refuse 20 answer,
because 1 an Of opinion that
thu question should not be
| answerod-that public Juslice does
not require this Investigation. Here
was a repetition OF the contempt.
| Counsel declared that the reourIe "
| the United states courts might DO
"ssaroned In vain Tor parallel case 10
| this,0 and referred 10 the oral state
ment OF the defendant Ferguson when
before the oourt yesterday, that no
was better Judge Of justice than was
the prosecuting attorney. (Laughter.)
| The Judge spoke Of this IN a tone Of
great Indignation, and said that whou
/ the authority OF the court was dchud
as IL bad been In this instance u did
not speak well Tor private citizen,
much less those who were charged with
| tue administration Of tue law, "as these
police OH Gers are" Tue question here
/ was whether or not thit court should
/ yield its authority To the Judgment Of
these police Oiilcet, or whether it
/ should oufOrce ~ Judgments. Then
the district attorney paid high oIm-
/ pliment 10 the prrteat grand
/ TO be one OF tho best
/ grand turtles that has ever been um-
| panelad ia our courts. They have
doue more anu better work, and with
| more accuracy, speed, Judgment and
! Justice than any grand Jury | have
ever seen emlauuled." AZ 10 what
mad been SAID about the case under
Inquiry by the grant Jury having been
made public, ~ ChlefPratt had answered
tha question put 10 him, rs a law
abiding Citizbn should have done, all
this publlclty-ol which no seemed 10
be airaid-wOuld not have been had In
Salt Lake CITY. rhe district attorney
Insisted that this writ could not DO used
a. a teyisofy proceeding.
Judge Powers, IN his reply, tainted
the district attorney win being
deeply anxious 10 satisfy the curiosity
| Of certain individuals who hal APP
preached min In reference 20 n certain
scandal. Yesterday, sHld the Judge,
the story was iOrgOtIeui today inc
wh0le community was saturated
with that scandal. The dis
riot stturney's presentation Of
this matter maj caused not only
public comment, but mai eyllenty
caused reflections 10 be- ctst where they
did not lie before; therefore IN the
searcn to satisfy tue oufiUalty Of those
whom no nad ia. oil asaln anu again,
against his own protests, there had
come upon " IA pubic ln-
Jury. From whom or where anu
tne district attorney obtain the
power ~ speak Tor the grand Jury was
me Of the que stiOns that council ulw
dtsirsu ~ discurH-whO Constituted
him III foreman amt made HIM that
Investigating, inluisltDrial hliy OF
nftrsn men combined In uut2 Judge
p.Wpfs defended Chief Pratt IN the
line of action wniCn no had adopted
In declining % divulgo tue name %. "a
D. NHa I'd Lea