Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-10

NAANNN 70 W. AuNt We NtAn ubN ANAAlANA
TO answer these quesi.ons-lhat THIS
question was forced upon the grand
Jury whom they did not wish TO hear
II. This IL stated 10 me by the fore
mau Wogoo o. Ia this matter anu
myself ana brother 0lilCere make
complete statument from beginning to
eul OF the circumstances ot this arfeat
II you might 90 call ~. dld not
deom u an arrest. 1 should have
boon afraid Of damages II we
on the testimony that we had. They
have every particle Of testimony that
these officers can furnish them with
up 10 tue point 81 c0uoealing the
names, aud | have said 10 them, "geu-
tlomou, you know that 1t would be
absolutely ridiculous TO iudict as far A.
you have got, DO you think It possible
shat you could indicl2nI want 90 say 10
your honor that tns honorable United
5iatoe district attorney has been push.
ing this cass for som, reason
that 1 cannot tell. He has ~.
lumod the responsibility Of II
from the beginning. wish 10
state 70 your honor thnt a short time
ago there was very nagraut case OF
In which we made an arrest-uamolyi
this man Tyre, and that was faiiod 10 Uc
prosecute u. Now / wish 10 say this,
Judge BArlch reminded the defou.
dant that he hat now nothing 10 DO
with that matter
Chief prhti-I DON'T want 10 get out.
side the question. From the bottom
u my heart do not iaUl Ia contempt
/ do nothing but honor And
revere this curt. In some In.
stances We have fo'ofrud raoCa 10
tue mayor Of this city and acted on his
advlCe-ihefo is no other source We
ecu 20 10 when the grand jury IL not 10
tessiOn-and after taking the lnois into
oonsidufatlou, knowing what this result
would be-, nothing further has been
heard Of 10. These parties are moi
wealthy; these parties are not, ~ has
born assumed by the public, wealthy
parties. 10 simply means after giving
my word OF honor to this lazy anu
doing II because believe II was right
In my cOu6uiouce TO do ~, that l
would be tue responsible party i0r the
fuinAti0n OF that woman aud her
children. II was not that
had any Idea OF concuhliug any.
thing from the grand Jury.
II | know the grand Jury could iu-
diet Ia this case II might make some
difference, but II ia matter Of
principle with mo. 10 IL said tuat lhis
Is 6uUtst body, aud what trauspirss IN
toe grand Jury room could 20 no
iufther l want 10 iurnish you with
names Of witnesses to prove that this
10 not secret body, ana | demand
A.. 4. q - q % L..
officer, that this be- Investigated.
Judge Judd (hltlyl-l prOles against
allowing this man TO make THIS attack
upon the grand jury.
Chief Prnlt-l beg your pardon
simply upon one member VI that body.
1 wish 10 state further that there ate
other peculiar circumstance In this
case whereby II would be disgfAeeful
anu dishonorablo Tor me 10 70 aheAl
aud Rnswor what they seem TO insist
upon. realize your b jnOrA position,
and 4 do not nnk fOrany mercy IL this
buAinose. 1 am willing 10 bow to tho
mandate Of this court, and am very
sorry 10 have TO tako tho position 1 do.
/ DO 10 rogrciiully, but 1 must say that
/ cannot help N.
Foreman HIN said he was instructed
tunt the prosecuting attorney did not
push the case, and he wss not present
when the Investigation began,
Judge Barton remarked tnAt II was
not Tor the court 10 question tho mo-
tlyes OF the gIaud lury. There was
tut QUO way Ia which thClr work
could be questioned II they had failed
20 do their duty, and that was by a
a a. ns
court was concerned II hal no power
whatever ~ inquire into any faults or
iailiuga Of the grand Jury.
Chief Pratt faiu that before tho court
pronounced judgment he would ike 10
consult with his attorney, Judge
Powers, who was mot then present. Ia
couit.
Tho Judge asscntoI and Judge
Powers was sent Tor
Chief Pratt here observed that for
the met timu Ia his lie, ut the age OF
past forty, no had been placed In POSI-.
lion OF tnis Kind. Ho mad been an
QiilCor OF this court for twenty years
past, anu had always respected Its
orders.
Judge BDr,ch-I have never for one
moment considered that II was pef-
kind; az tbs same time II IL question
OF law involved.
Judge Powers having arrived, the
court Informed counsel that no might
consult win the defendant Tor lew
moments.
Presently Judge Powers sald-I do.
slf0 TO urge tue point whether tue
question asked IL u material one, and
whether II Is question concerning
such subject matter as would IN tue
judgment Of the court DO legal evil
dUuce3
Judge Bsrlch replied that the report
from the grand jury was that they
were investigating u United States
case. lilo had also reached the con-
ciusion that the question was miterisl.
judge Powers said no desired TO make
objection 10 the passing Of Judgment,
on tue ground that the question was
not material, anu further that II was.G
privileged question,
Judge BArIch inquired whether the
witness slill refused to answer the
questions put 10 him, and, having r0'
ooived an affirmative response, no sai di
"rhe order of the court Ia that you be-
committed until you have answered
before the grand jury, or until the fur.
Their pleasure VI tnlu court"
The defendants Sheets and Ferguson
both sail they declined 10 answer The
questions, aud Ferguson added:
nave been instructed by member VI
this grand Jury not 10 answer theBe
uuesliOus, aud no said; "ForgusJu, |
VII stAud ut your back" aud lao has.
In tho same breath hu permits the