The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-08

There was a, large crowd assembled
sn Judge Bartch's division of the
Third district court at 10 o'clock yes
HeTday morning in anticipation of the
Yhearing of the arguments on the writ
of habeas corpus issued last evening
on the petition of Chief of Police Pratt.
Five minutes after the opening hour
the chief walked into court and after
receiving the greetings of a number of
his friends took a seat within the bar
next to his counsel, Judge Powers and
d. Attorney Harmel Pratt About the
Same time the district attorney step
~ into court and at 1910 O'Clock
Jt&dge Bartch took his seat on the
bench.
fudge Powers arose and addressed
TFFe court and was about to read the
petition and the writ when District At
torney Judd, in deep, stentorian tones,
interposed with the question, May it
please your honor. what is all this
about?"
Judge Powers (smilingly)- is a
hearing on a. writ of lha.beas corpus
Judge judd have had no notice of
this and l would like to have copy
OF the petition and THE writ before the
hearing begins.
Judge Powers-The assistant district
attorney was in court when the writ
was granted yesterday and under
those circumstances we are not obliged
to sef've a copy of the writ.
Judge judd don't know anything
about the petition or the writ. have
not seen either. l want a copy of them
and time to look td1em over. 1 don't
know whether 1 want to answer, de-
muir or what.
Judge PoWers-The return has been
rsnade and hold it in my hand now.
Judge Bartch-The district attorney
] has the right to have reasonable notice
I'm this matter. 1t may be taken up
at o'clock.
Judge Powers-This petition was
read in open court in the presence of
tine assistant district attorney and this
6s a case where three men have been
committed without any authority what
ever.
Judge Judd-That is a very broad
statement in the face of what occurred
In court yesterday.
Judge PoWers-I shall demonstrate it
beyond the shadow of a doubt.
Judge Bartch-It may go over till 2
O'Clock.
Judge Judd-Wen, your honor, 1 take
ct that l may have a copy of the petit
ton and the writ.
Judge Bartch-Yes.
\ Judge Powers-Do you want it this
eminute?
Judge Judd-Yes, sometime soon.
The parties then left the court to
return at O'Clock.
District Attorney Opens.
At 2 o'clock THE court room was
densely crowded. United States Dis
tnict Attorney Judd led off by stating
mat the prosecution had met the pc
fifinla with dam no i,,vlrn
then read the petition and called spec
aal attention TO the clause in which it
was stated that Chief Pratt declined
ITO answer the question for the reason
that the secret was told to him in his
capacity as chief of police and me had
given his word that me would not di-
Vulge it
The district attorney then read the
e~nurrer as follows:
NOW comes Nat NJ Brigham,
United States marshal for Utah, and
demurs to the petition of Arthur Pratt
therein, for the reason that it appears
on the face of said petition that it does
not entftle the petitioners to a Writ of
habeas corpus, or to any relief what
ever"
Proceeding with his argument, coun-
sci contended that there was here no
pause in law for the Issuance of the
ffysvrip applied for, and If such were the
AcaSe he said there was nothing left
for the court but to dismiss the APP
plication and let the prisoner be re-
moved to the custody where the judg-
ment of the court now found him.
Though it did not appear that the
grand jury were investigating a case
under the laws of the United States,
yet the court could take notice of the
fact that it was a United States case
ahe-y were examining into.
~ was proper to inquire what was
the scope Of the powers of the grand
Jury, and counsel held that the grand
jury was a part and parcel of the court
and that every court had the power
to protect itself and compel obedience
to its lawful orders.
The grand jury Of itself had no pow
er to compel the witness to answer
Its questions. and had very properly
been given the aid of the court in the
matter. It would have been within the
province of his honor to have gone
into the grand jury room and there
TO have exercised the power of the
court, had he seen fit so to do. Here
authorities were quoted at length
Counsel, resuming, said that Judge
Powers seemed to be under the i'm
Preston that it was the grand jury
. for which the witness had shown his
contempt, while it was really the court
lhe was in contempt off.
y Judge Powers-I have no such idea.
Judge Tndd-Yo11r netffion f,onvevs