The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-12-09
Record Irregular.

NOA Oil tuG ClICuIlISIdnCeS, lHGIS NOulu
be no doubt as to the courts juris-
diction.
Record Irregular.
THE remaining question was upon
the record, AS he had already stated,
the preliminary steps in this case We're
taken in an informal manner, because
very frequently questions were pro-
pounded to a witness before the grand
jury when the former was honestly
In doubt as to whether or not he was
privileged-as to whether or not he
was compelled to answer, and he did
not nor choose to answer unless or
dered by the court. The grand jury
appeared in court, a statement was
made and the court said: You are
not privileged; you are compelled TO
answer" and as a rule there was moth
ing further heard of it. Here it was
different.
The court must hold, as q matter of
law, that the proper spokesman for
the grand jury was their foreman, and
that. through him it must speak in this
class Of cases.
1T was entirely question for the
grand jury themselves to determine
whether or not they would investigate
an alleged offense. Neither the judge
OF this court nor any other could enter
the grand jury room; nor could he in
qulre into any of its secrets nor into
the reasons for their examination into
any alleged offense. If it were repor-
ted to the grand jury that an offense
had been committed and the statement
was supported by reasonable evidence
as to the probability Of its truth it be-
came their sworn duty to examine into
1T. They were, however, the judges as
to whether or not the evidence was
such as would warrant their proceed
ing further
The court must admit that this
seemed To be an unpleasant case.
Nevertheless, it was not for him 10
question the motive of the grand jury,
which he did not attempt to do, nor
did he question the motive of any Of
the officers of this court. It was solely
the privilege of the grand jury to act
as they believed themselves to be in
duty bound under their oaths when
facts were laid before them, and if at
any stage OF an investigation they
found that no offiense had been COM
mitted, they could drop the inquiry
then and there. 1t was not for the
court to say either that they should
go on or cease"
Back to the Grand Jury.
ne lIIOuSul, however, uIQeT the
circumstances of this case, and the
proceedings which had been had, that
before the commitment was further
enforced the prisoner should be given
another opportunity to appear before
the grand jury and answer, and that
the entire matter should be left to that
body. They should decide-it was
their duty to decide-as to whether or
not the case should be proceeded with.
It was wholly within their province to
determine whether or not any case
brought under their notice was q pro-
per one for investigation.
AS the point had been raised here
that some of the grand Jurors were
not willing to proceed in this particu-
lar matter, he had come to the con-
clusion that the prisoner might go
before the grand jury again if that
body SO desired and the question be
propounded TO him in a proper way;
then they could report to the court if
necessary.
Do They Want to Quit.
District Attorney Judd then said he
didn't know where his honor got the
Information that some of the grand
Jurors wanted to drop the case, to
which Judge Bartch replied that the.
statement had been made by Judge
Powers in his address to the court on
behalf of the witness.
Judge Judd-Yes, that one grand jul
ror whispered to the witness NOT to
answer. I do not believe that state
ment, and for that grand juror and
every member of that body | want
here publicly to deny it. May it please
your honor, ! did not carry this matter
before the grand jury; I did not propose
TO take it from them. / propose to put
the responsibility there. Everything
That has been done mas been done by
their direction and l ask your honor 10
direct that the witness be carried back
before the grand jury and let the
grand jury take such action as it sees
proper.
Judge Bartch-T have already done
that, and l wish to be understood-I
think l have already so expressed my.
self-that [ do not question the motive
of amy officer of this court. The state
ment was made here by counsel
Judge judd don't want any mis-
apprehension, please your honor
Judge Powers-Before the public
prosecutor leaves the court room [
want to call attention TO the order that
should be now entered. 1t will be, of
course that the prisoner be discnarg-
ed. Your honor has now determined
that the previous proceedings were in
formal; and L ask that the same order
Of discharge be made iiH the cases OF
the defendants Sheets and Ferguson.
Judge Howat-I would suggest 10
the court that this hearing having
been had there, and the order of COM
being irregular the proper
thing TO do would be fer the court to
revoke the order. 1t allows, as a mat
ter of course, that the defendants are
SO far as the order is con-
cerned, but the witness is still before"
the grand Jury.
Judge PowersII agree with counsel;
that is the proper proceeding.
Judge Bagtch-Let the order be
made.
Judge Howat-The order may be en-
tered in the other two cases-Sheets
and Ferguson-as well. We are not
at all afraid that they will run away.
Judge Bat-ch-Yes, let the order be
made in those two cases also.
Subpoenacd Again.
The chief and his subordinates were
congratulated upon their re-
lease and many of the friends of the
former pressed around to shake hands
with him. To Marshal Brigham he
expressed Glis thanks for the kindness
and consideration shown him during
his sojourR at the penitentiary.
Everybody IS now waiting With in
terest to see what the next develop
nent in this matter will be. Some
say the grand jury has learned enough
IF THE particulars of the case to come
to the determination that conviction
could not be obtained in case an in
llctnlent was returned and that The
case Will be dropped. Others say that
body still believes it to be their duty to |
probe tine matter to the end. The only |
thing known for certain is that Chief !
Pratt, Detective Sheets and Desk Ser !
yeant Ferguson have been subpoenaed |
% go bfore the grand jury al 10 O'Clock |
morning and that would in |
sicate that the end was not yet.