Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-11
WITNESS, COURT, PROSECUTOR
AND JURY.


No leas unique than unfortunate o.
the condition At present prevailing In
this city, wherein tho chief Of police
and two Of hia suboriinates are under
arrest and In confinement for oou.
tempt IA refusing TO answer certain
questions propoundod 10 them by the
grand Jury. The unusual aspect Of the
case is furnished In the fact that
sworn officers Of the law shouli thus
oct the law nj defiance. The uni1rlu.
nate feature Ia twOioli; fret, that such
an example cannot but be- productive Of
evil through being accepted as pre-.
cedent by future Witnesses whose
knowledge Of legal and criminal
procedure Ia inferior 10 that of the
present recalolirAnts; and second, that
the city should at this or any other
time under such circumstances be de-
prlved Of the services OF NJ chief police
Oflloer, the head Of its oons.abulsry
force. The incident ~ bound 10 have
demorallzing tendency, study and
argue II as We may. Nor Ia this TO be
reduced In any degree by the moral
aud conscientious grounds upon
which Chief Pratt relies for
his Justification, nor by the fact
that solar as the original publication Of
the scandal il concerned no IL acquitted
Of blame. Tho community will gen
orally conoede that the printing Of the
story out OF which tho whole con-
troyersy has grown was not by any
desire or conuivanoe OF hih-that on
the contrary Il was directly Ia violation
Of his wishes. Due credit will also be
gwen his motiyos Tor present sllenoe-
that he pledged his honor to keep
the secret and that to give the
names OF the parties implicated
could DO no good 10 society and would
only stlgmaIiEs and bring disgrace
upon person or persons heretofore re-
spectacle and probably for the future
sufficiently warned against similar
peril. All this, We repeat, may be
granted. And yet the fact remains
that the law makes no such exceptions
In favor Of the soruples OF reousant
witnesses, IA does also tho further iact
that a serious precedent would DO set
II any witness, even n chief Of police,
were given the prorogaliyo Of reius.
Ing TO testify because, fofsooth, In bis
judgment, no evidence 10 warrant a
conviction could bo secured. A deois.
ion OF that kind IL not lot 10 the wiz,
ness under any circumstances; n 20
were, legal Investigations anu trials
would Ia thousands Of cases DO nothing
put farce.
There seems to bs nothing to do,
therefore, but 10 uphold the ruling OF
Judge Bartch committing tho witness
for contempt IL IL not tho clurt's
business, any more than Il Ia that Of
the witness, TO decide whether the
iuFy's inquiry may prove profit
able. AZ matter Of fact and law,
the judge upon the bench IL powerlcss
10 anec, tho grand iurors' proceedings
when once they have begun their
laboTs. In the outset, ho may In hiH
charge make general suggestions and
from time 10 time, ns needed, he may
give them additional Instructions. Hut
itwould be great stretch of authority
on his part 10 order them, after they
have commenced an inquiry, sTbllrag-
lily TO discontinue H. 0r 20 assume TO
tell them that they cannot hnI au In.
dictment en- the sviiouCB sought, OF
that when informed that they cannot
indie, they must therefore not inquire.
heg'and jury 10 10 is sphere iude.
pendent, o. tue court IL in another
gphere. The latter has the DUTY OF
securing and charging the former II
has also the power VI protecting the
former and enforcing ils domsnit; aud
Il has the fbal power of dischsTglng %
when It's HbUu are finished, or when
through amy reasonable cause Ne fur.
thor continuance would BIO Improper
aud productive of evil
Irirum .nu foregoing it IL seen that
the rTuoHt o3uil.a, Do not primarily
between the unwilling witness aud the
court, 10 should 10 also be- understood
lnat the prosecuting attorney is not one
OF the untanOnistic torcya Yusterday's
developments brought out mn
assumption VI responsibility tor tho
inquiry 10y the grand jury Itself, and
eEouerntod Judge Judd from the suspt.
ciou-IiligeuIly stimulated ma certain
q1arieTa, and succes'uuytoo, probably
by reason OF hIs Prominence mud his
arguments iu the proceedings Ia open
cour,-thotit was hs who wanted the
case Investigated or hts curiosity tina,
had TO bo grauned. q. course his
statements all the way through have