The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-07

- Ian and insisted thereon that Mr..
Pratt be compelled by this court to
answer,
If the facts, he said, stated in that
article were true, then the crime of
adultery had been committed and this
court and grand jury had jurisdiction
over the case. The witness declined to
give the names of the parties and
therefore, in the name of the people
OF the territory of Utah"-said the dis
trlct attorney in conclusion-"I demand
of this court that it take such proceed
ings by fine and imprisonment or other
wise as in its judgment and discretion
may be necessary to compel an obedi-
ence to the process of this court. Mr..
Pratt is before your honor"
Chief Pratt Heard.
Chief Pratt advanced towards the
bench and said that, as an old officer
OF the court, he would be the last per-
son to show any contempt for it. This
matter, with him, was one somewhat of
honor. He was called before the grand
jury and it was there stated that they
simply wished to know the names of
these parties in order that suspicion
might be removed from thosa who were
not deserving of it He had always
understood that the grand jury was
secret body He stated to them all the
circumstances as he knew them, and
also the fact that he had met and con-
Versed with the lady involved in the
caSe-that he found her to be a woman
VINO had been heretofore always above
suspicion, and the mother Of a family
that she begged pitifully for mercy.
Hence he pledged his word that what
she had told him should go no farther.
lie had strictly adhered to that prom
Use. Nov there came forward some
fh icf,-
district attorney had brought him in
TO make a public scandal of this
kind. He (Mr. PratD told the grand
Jury that in his judgment, after look
ing carefully into the case, he did not
believe it possible any jury would con-
Wet these parties of any crime. They
were simply found together in a. hack
and there was no positive evidence
on that point.
nus duty in a number of instances not
to prosecute certain cases. Several
young girls had come under his no.
tlce who had possibly gone astray for
the first time. When brought 10 the
police station, instead OF prosecuting
them, he had upon learning the true
facts sent them home to their mothers
In not few Of such cases, by this
line of action, he believed they them
selves had been possibly saved from
being driven upon the streets and
their family from discredit and dis
grace.
The chief solemnly declared that if
he were now to violate his word siven
10 the lady in question it would ruin
an entire weA-lknown family os this
city. and he was satisfied also that
the exposure would very likely pro-
woke bloodshed.
IN his conscience he believed that a
conviction could not be obtained; there
was no positive proof. Without, there
fore, wishing to SHOW any contempt
either for court, or grand itlq-y-bqrt
having the grea test respect for BOTH
Il deem it would be a cowardly act, a
dfshonorable act, on my part to dis
close the name of this woman, and I
have declined to do Sc"
Cross-Firc.
District Attorney Judd said that
whether or not an offense had been
committed WAS not g. question for the
witness to pass upon.
Chief Pratt replied that the police
frequently obtained evidence that
they could not use, and then they
said would not be disclosed. If they
broke that promise it would weaken
the efficacy of The police department
in a great many instances. If he di-
vulged the lady's name in this partic-
ular case it would mean the ruination
of a family who had always command
ed respect.
Foreman Hi''-This matter has been
thrust upon the grand jury; they
sought to evade it by every means in
their power.
Judge Judd pointed out that the
grand jury was a secret body and that
what was known to them was not
known to the public.
Chief Pratt-It seams that you want
To make it public now.
Judge Judd-If you had answered the
question it would not have been in
PRODUCED here.
Judge Bartcg1 commented sternly
upon the fact that all proceedings in
tine grand jury room should be kept
strictly secret; the jury were bound
by their oaths not to reveal anything
that transpired there, and if they did
so they committed perjury. His honor
said he mad frequently heard it Tu-
mored that matters which occurred in
the grand jury room had become pub
lie property; but he did not refer to
the present grand jury.
Judge Judd-No, this grand jury
has been an exception to that. Never
q word has gone out from them.
Judge Bartcll said he drought the
witness should answer the question.
1t was for the grand jury TO consider,
after hearing all the circumstances,
whether an indictment ought to be
found. AS to whether or not the in
terests of public justice and society |
were to be subServed by finding an |
Indictment should be carefully weigh |
ed. The object of THE grand jury |
should be not only to bring parties to |
justice, but to consider whether it was |
desirable to find an indictments upon |
the evidence before them. The state |
ment made by Chief Pratt was
courts of justice would always re- !
spect such suggestions made by |
officers. There were cases perhaps |
where with officers in the discharge |
of their duties it became necessary to !
shield certain parties as far as pos !
sibIe and where they should not be |
pressed unless justice and society really |
demanded it.
Dropped as to Hnrte.
Then Judge Powers called up the !
"a Sc of Mr.. Harte, who was before the |
court yesterday, and who, he said, was |
likely to be again. He was proceeding |
to offer some suggestions when Dis |
trict Attorney Judd arose and warmly !
protested against what he termed this |
into the duties of this |
grand jury, and this lecture from Judge |
Powers"'
Judge Bartch[t is a, matter the |
court will receive any information upon |
that it can. 1t it a serious matter.
Judge Powers said he appeared for !
MIR. Harte and submitted that "be- |
cause this man Judge judd is clothed |
with little power he has no right to |
insist when the rights of ones clients
are in jeopardy that he shall not, at
every stage OF the proceedings, be
heard. I, as an attorney at this bar,
I'm clothed with as much power as the |
public prosecutors"
Judge Judd-This is not question
% be discussed here by Judge Powers
=. n,rhnd,r else The Grand illr1, I'm. |