Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-15
The CARTER INQUIRY
Contempt Proceedings Before Judge
Merritt Today.
THE TAKING or TESTIMONY.
How the Engine wa, Stolen al Lehi
Junction and Run 10
Provo.


Tertiary, shortly after $3.50 this morn.
ing, In a Rapid Transit car which had
been specially chartered lot thu pur.
pohe, the tweniy.nix mon belonging
70 "Gcnefap Cartef's army OF Indus
trials, 10 answer the charge Of contempt
arising out Of the stealing Of the on.
glnoat Luhi Junction between and
O'Clock last Saturday morning. Tho
"GUnerA" himself, who was roieated
on bonds yesterday afternoon, was on
hand to meet ami greet them on thtiT
arrival ~ the Dooly building, aitired
In full uniform. He took his seat
little later At the bar table and sai
throughout the morning IN close
proximity to the dcicuian,p counsel.
His cO.ioiondanls were accommodated
with places on two long benches ar.
ranged lust underneath tho clock On
the east side Of the c0ur, room.
Great Interest is mauiioslei In the
proceedings by the outside public, and
AZ early ~ nine O'Clock the approaches
10 the Third District courtroom were
thtonsod with "miEed" crowd Of
persons, composed principally of work
ingmon, all bent upon securing n good
place IN that portion Of the courtroom
allotted 90 spectators. A court bailln
had been stationed nj tho entrance,
sud no person, unless he had special
business there, was allowed 10 pass In
until the opening hour-ten O'Clock
had arrived. Then when tho chance
came there occurred a grand rush
lor seats such ~ 10 seldom seen there.
aud IN few minutes every available
chair had been SEIZED upon. within
the bar, too, there was quite large
muster Of lawyers anu others.
Tho attorneys engaged Ia the case
are WAldcmar Van Colt aud Judge
J. A. Marshall, representing the prose-
cuuon; Tor the defendants y. ID. Hou,z
and NJ. NJ. Warner, Of Provo, with
Col. Allen Miller associated.
Promptly on tho stroke Of 10 O'Clock
JuIgs Merritt inquired-Are you
ready, gentlemen, 10 70 on with this
contempt easel
Both sld,l answered In the aillrma.
tive, Attorney Van Cot asking that
the defendants be- nt once Erraigned.
Attorney HOUR wanted 10 know
Against whom IL this order OF attach.
mont isuued2 There seems 10 be ons
Carter named Ia that order, no said,
aud there II no description nor any.
thing By which We eau Identity any Of
the parties IN the matter. There are n
number OF persons who have been
brought into court here, lust by what
authority We do not know; and We
ash nj this time that they be dlschArg.
cd. The order here does not name
or describe anybody except Mr.. Carter,
aud lac IA here. Anybody might have
been arrested or brought into court
under this order just Ne we'll as these
parties. We move the court TO release
All these defendants except Mr.. Garter.
Attorney Van Colt-rho order Of
arrest runs against General Carter and
one hundred Others. or course We
could not know thuir nance; but N
we DO not prove the case against them,
then they may be discharged. We ask
that they DO arTaignud.
Attorney HoutE-lt ought not 10 DO
left Ia tho discretion OF the officers
whom they shall arrest or bring into
this court. There ought 10 be some
Identification, some way OF another.
Attorney Warner-We would like 10
present authorities.
Judge Merritt ruled against the
motion and added-Call the names Of
these people.
Judge Marshall asked that the
charge against tho defendants be- read
aud that thsV enter their pleas. Also
that the afiidavlt Of Mr.. Young, on
which the order u the court was issued
1 on Saturday, be- read.
Clerk Dunbar then read the charge,
/ the affidavit, anu called the names Of
tho defendants, ~ gwen In these
| columns yesterday, ana each OF whom.
in turn, rose 10 respond.
Attorney Houtz next demanded that
tho prosecution Me intertogA tories Tor
the answer Of the "Attaohedn parties.
Judge Marshall replied TO this-Fhe
statute does not provide nor prescribe
for this. 1t provides for this hearing by
| the court on the affidavit.
Attorney HOutE-Wo are proceed ny
/ under that section Of the laws OF the
United States which authorizes courts
10 punish for contempt, and there 10 no
/ pr0csduTu laid down Ia that law, anu
we ought TO be governed by the reRu.
lar ohancery proceedings. We arc
entitled 10 have the prosecution flo
iLtsrrogatories for us TO answer.
After a good deal Of Argument and
the citing OF legal authorities, Judge
Merritt oyertuled this motion Hlao and
requested that tho dUfendants' pleas be-
now taken,
Attorney HoulE-Then the defend.
ants, one and all, answer 'not guilty, u
Evidence was then taken, and John
T.. Hansen, Of the editorial staff Of the
DEsFRET NEWS, was the hrst witness
called by the prosecution. He testified
to having seen General Garter min.
Cling with the induairialisis In thi.
city and marching VI the head OF the
column, dreEed 10 military style,
through tho streets, This evidence
was Intended TO show Carriers con.
neolion with the organization. On
the maTon 10 Murray recently Garter
was at their head, ON horseback, and
the men carried banners. lie heard
Carter make speech 10 the men on,
ho believed, April aOth last before
journeying to murray In the course
Of his remarks he stated that the
scheme Ia which the Industrial army
was engaged was the greatest ever
started IN this county, that they pro.
posed 10 40 ~ Washington and there
was no power on earlh 10 stop them
very long at time. He further said
that should any attempt 90 made u
prevent them, there we're 1000 men IN
tho Territory VI Utah who would