Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-29
THE NEXT SHOT FIRED
M, lrius,FlllIsls SHOW Cause b.
fore Judge Merritt Today.
An ARRAY OF LEGAL TALENT
LAWYER, Rhodes and Arthur Brown
Again at Ouis.-Argumonts
Of Counsel.

The hearing on the retaining order
.rd orjer to show cause Issued yesser-
g.v AFTERNOON, under the direction Of
Cbisf Justice Merritt IN regard TO
A.. smith detachment Of the Undue
,,i,latmy now held by officers on the
border Of Davis county. began ut .
.,s.rcs this afternoon, In the Third
.u.t,iet court, before Judge Merritt
tpJse j.. u. Rhodes, Of Ogden, was
ain prssont as the legal opro.euta.
no, OF certain residents Of Weber
county, aud Of the indusitallst host
ypdsr Dr. Smith's banner On tho
.tbgr side were Judge Hogc, Judge
uepdpuon and Attorney Arthur
Brown.
fine great Interest taken Ia the pro.
,srdIpps was made manifest by the
very large attendance oi spectators, oil
frsssats ia the rear ~ the court room
le.ug occupied. a number Of
ufbrfs. unable 90 gain admission,
remained outside aud listened TO
the legal Arguments close 10
thr partially opened door which was
uFuafiodD by n court balli0. A hoit
of attorneys sat within tho bar.
UpUn taking his seat Judge Merritt
iuumaled that n there were any ez.
rfofslona either Of approval or dlsap.
pf8val on the part " the audience, ~
was the case yesterday, he should in'
s.antly have the court cleared.
Attorney Nnrian then arose aud said
DO desired o. enter an APPEARANCE aud
demurrer In regard to Warren j..
Thompson ana Edward McGlascau,
lw, Of the defendants who had been
lelecled by the officers Of this court nv
uriuR with "John Doe" "ltichafd
llgoj aud the 800 other defendants
Included ia the complaint on which
lhuso proceedings were based.
Judge Zane was today associated
with Judge RhOdvB on behalf VI the
ucicniants anu people Of Weber.
While certain prrliminariea were Ia
progress Judge Rhodes and Attorney
Arthur Brown several times crossed
sFofdp, until Judge Merritt made the
call iof order.
A. an opening, Judge Rhodes
named the two grounds Of his demur'
ref-that tue complaint did not state
iac,s sufficient 10 constitute a cause VI
action; nor such facts ne would sntltln
tue plaintiffs 10 relief Counsel like.
wise put In anu read lengthy answer,
which rot forth m substance that the
defendants had done no wrong, and
meant no wrong; that they were viz
ugily held rs prisoners by heavily
armed officers, and their lawful progress
imptded by threatf; that they had
committed no crime IN the COurso of
their march which they were not pre-.
pared 10 answer tor; and tho promise
was given that N the present complaint
was dismissed they would leave this
place and "lhe Territory which has
known them will know them no
more.D In the course Of hls aTgumon,
Judge Rhodes insisted that thia was
a question which appealed 10 the
heart Of every man; and that there
was nothing iu the complaint
lodged against these defendants 10
warrant the interference Of this court,
IL this Injunction was 10 become per.
IetuA, wnrre, he asked, would thll
matter end2 IL would mean that tht
defendants must remain where they
now are Tor tue balance OF their days,
residents Of Weber county, whether
they want 10 or not. All these men
did was 10 ask the permission Of thii
Territory 10 walk peaueably across NJ
nlil ~ seek employment IN the eastern
states, aud he asked that thiB question
be- decided by n Christian cOuu In 1
CHRISTIAN manner.
Attorney Narinn followed on behalf
Of hiF clients nnd addressed himself &
the court on question oi law. Thi
bill, lac sale, was died by Davis county
but where did II got IL authority {,
appear In a court OF ohancery, 10 asl
Tor remedy only given by that court
ia behalf OF all the inhabitants OF thl
county, When aud how dld II bOo0ml
the real party In Interest here, hu,
which of its property rights was In
vaued2 A remedy by Injunction Onll
went IA aid OF property nights whicl
We're Invaded, directly or indirectly
as belonging 10 the party seeking tclir
Counsel dismissed the question Of mi
COURTS jurisdiction, aud 20 marked tina
a matter OF very serious moment wa
involved here which should be lie
Cided ON the face Of this bill alone.
Attorney A. Brown followed and wa
still speaking whom the News tepoTtt
left At $3.50.
The arguments will occupy until lat
In tbs afternoon.
Chief OF Police Pratt, returned from
the "battlefleld," IL an interested or
poker within the bar limits.