The Evening dispatch. [volume] (Provo, City, Utah) 1891-1895, 1894-11-14

At $50 last evening Judge Smith
heard further arguments on the mo
ton to set aside the indictment found
against Alma Hague by The grand jury
which convened at Nephi.
Arthur Browns grounds for the mo-
ton, as stated in these reports yester-
day, were that John w. Pike, court
stenographer, was present In the grand
jury room while the testimony was be-
ing given on which the indictment was
found.
Prosecuting Attorney Judd urged
that the motion be not granted for the
reason that it was not just, at this late
date, to allow the defendant to come into
court and withdraw his plea Of not
gully. This motion and all others
should have been made before the plea
was entered. Mr.. Hague had pleaded,
the cause was at issue and set for tlial
The government had gone to heavy ex-
pense TO get the witnesses here and to
prepare for the trial. 1t was now ready
and the defense should be now com
PEELED to go to trial.
Mr., Brown arose and stated it was
ants rights under the laws of the land
The government may have expended a
million dollars Instead Of thousand
| dollars On this case and that would cut
nc figure at this stage, nor interfere
with the rights of the defendant, nor
with the statutes. The defense had
already got the order of court granting
them the privilege of withdrawing the
plea Of not guilty. Whether the
order was right or wrong it
mattered not nOw;under that order the
plea had been withdrawn and Hague
was here claiming the right TO conduct
his defense under the regular order of
the court, claiming his right to move
that the Indictment found against him
be Get aside, claiming the right to de-
muir, claiming all his rights. The
question now before the court was the
motion to set a tide the Indictment.
Ii that motion was well grounded Ii
should be granted, if not it should be
0verruled. He was not criticisine
Brother Judd in having asked that
John w. Pike be appointed and sworn
in as official stenographer of the grand
jury during that body's consideration
OF the cases against Alma Hague, nor
| was Mr.. Brown criticising the court
for having made the appointment. He
understood that the appointment was
made upon the request of the
attorney general at Washington tel
| egraphed here. Presumably the
Encouragement was ignorant of
the provisions of the Utah statute
which prohibit the appointment of
such an officer. or the allowance of any
person other than the witness, the
prosecuting attorney and an in
terpreter before that body. The
count had said that at the time the
order was made the PROVISION of the
statute did not occur to his mind. and
Mr.. Brown believed that when Mr..
Judd asked for the appointment. in
his desire to obey his superior officer
he, too, forgot the statute. Mr. Brown
desired it TO be distinctly understood
that he was not critlcising any officer.
that he was only asking for his clients
right under the statute. The leeisla-
ture had made the law; when thew
made the law they had it in tn .ir
minds that proceedings before the
grand jury should be absolutely secret
and had provided that an Indictment
should be set aside if found when disin.
interested parties were in the room
while the charge was being lnyesti.
gated. Mr.. Brown, himself, personally.
is opposed, on principle, to the grand
jury altogether, and thinks that every
thing connected with courts of Justice
should be open and above boald. bnt
the legislature having seen fit to legis.
late in this way and this mistake hav.
ing been made, he desired to take ad
vantage of it; it was bis duty to do go
II ne went to trial as the case now
stands the prosecution would have an
undue advantage over the defense
The prosecution have Mr.. Pixies notes
OF the evidence given before the grand
Jury and the defense has not access to
them to see what they are, so they NAV
De prepared to contradict that eyiden.e
bafore the jury. The clerk of the
grand jury IS the proper person to take
minutes OF the proceedings before that
body, and if the Indictment is found in
the regular way, the defense has ac.
cess to those minutes.
Judge Smith remarked that while
he believed no harm had been done tho
defending by the appointment OF Mr..
PIKE or his presence in the grand Jury
room, yet the law is plain. He had
overlooked the statute when he made
the order, in this he was censurabIe
He is willing to bear his share of the
responsibility and the blame for the
mistake that has been made. and r Tered
That the indictment be set asioe and
the case resuDmitted TO the next grand |
jury.
There are two other Indictments that
were brought under the laws of the
United States and one under the terri.
torial laws by the Nephi grand iurv
These We're also set aside and resub
mltted en- the showing made on the in
dictmen, under which Mr.. Hague was
to have been trie this week. Two in
dlctments were found against Mr.
HAGUE in March last by the grand Jury
which was in session in Provo. II re
mains to be seen on what grounds Mr.
Brown Will get these indictments set
aside. '0'
Mr.. Hague is held on the original
bond, which is continuing bond, and is
still in force. '
THIS MORNING,
The damage case brought by l.. Lew
II the New York Cash store against
ohm A. Brown, sheriff, and the eastern
Try goods companies who last summon