The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-09-30

Sheets, who sswore that during the
month of June, 1S94-the date he could
not remember-he was telephoned to
at the city hall and informed that the
prisoner, Frank Johnson, wanted TO see
him in the county Jail He went there,
and Johnson then stated to affiant that
Attorney j. w. Corey-under the as
surance to johnson that he would not
be acquitted and might as well plead
guilty, and that it was useless to have
both Jarmuth and Johnson convicted
of the same offense, and under the
promise that he fCoreD would inter-
cede with the prosecution to- have the
case then pending against Johnson dis
missed, and, further, that he Corey
would paw to johnson the sum of Sd
procured" him to make the affidavit
read by Corey on the recent motion
for new trial. Johnson then and
there stated that the facts set forth IN
his first affidavit were untrue, ana tnat
Emil Jarmuth was as guilty. 'of the
offense as himself.
Frank Johnson, in his affidavit, de-
clares that the testimony whlch ne
gave upon the trial of Jarmuth was
true in all respects; that on the day he
was called as a witness in the case,
and prior thereto, he informed At
torney Corey that he was going TO
testify to the truth, and that he would
testify. if called upon the stand, that
the defendant j rmuth was as
guilty of the offense charged as
himself; that Corey then told affiant
that if he so testified he would see that
he got the limit, which was ten years. y
Affiant had read Sheets affidavit, and
swore that the facts stated therein
were true.
/ George r. Raleigh, the third affiant,
saws that he was present at the con-
versation between Sheets and johnson
and that the facts stated in Sheets
afidavit, which he had read, were
true.
Attorney Corey arose and said that
since the matter had taken this turn
he would like the case to go over I'M
til Monday, in order that he might
have an opportunity to file further
affidavit himself He desired to join
issues with the prosecution in this
way. because he did not now expect
this case TO rest where it is on motion
for a new trial-no matter how it
might be decided by the court. He
himself proposed to carry it further
than this court in all probability. The
prosecution had fled counter a1davits
and he certainly had right to answer
them.
Assistant Prosecuting Attorney Rich
trial be distressed of now. at anv rate.
Mr.. Corey could do what he liked af-
terwards
Tudga Rartch sold he would listen to
what Mr.. Corey had to say briefly.
CoREY's STATEMENT
Counsel denounced the statements
contained in Frank Johnson's AFFIDAVIT
as false in every particular and de-
clared that it was at that individuals
own request that his first affidavit was
made. 1t was upon his advice that
Johnson plea ded guilty and he thought
the court should accept with caution
the statements of q man who was I'M
dergoing a sentence of three years in
the penitentiary. In all his subsequent
consultations with Johnson the defen-
dant told him that what he had stated
in his affidavit of June Is was true and
that he should adhere to those state
ments on the witness stand. Hence
his testimony when called was alto
gether a surprise to him. What John
son said in his second affidavit now
produced by the prosecution was "a
falsehood-an absolute lie,''
Judge Howat argued that there was
no ground whatever for a new trial in
the case of Jarmuth.
Eventually Judge Bartch ordered
that the matter go over until Monday
to enah le both sides to nut in any fur
Their afTidavits they might desire.
During the afternoon ATTORNEY Corey
handed in his affidavit. In this he de-
MES that any such conversation as that
related by Johnson ever took Mace be-
tween them, and says Johnson's state
ment is false from beginning to end.
He never at any time held ont any in
ducement to Johnson to have him sign
the AFFIDAVIT of June IA. never offered
him 81 or any other sum. nor did he
make any promises as to what he
would do for him. The affidavit in
question was made upon statements
by Johnson to affiant at Johnson's in
stance and request. Affiant never told
Johnson that he would see that he "got
the fuI limit but did say that he
would try to get one of the two char
ges of grand larceny against him dis
missed. Said affidavit was taken in