Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-12-10
WERE ALL DELAYS.
v,,,Dou,nsnt Sought in the Hayk'n
and Other Cases.
MURDER INDICTMENT LOST.
u-,,,r, Trials Probably VIII be Be-
mrs Judgs KlnE-1he Coal Combine
People 10 Plead on saturday

H. Il OhPohfNi - =.
u,.,n.u, Daniel wos,enholme, Wv
Mn. Faux Hahn, Simon BAN
Eel Thomas Pierpont, H. q. Miller,
~ wes,enholme, G. 8. Martin, 4.
sherlock, ID. J. Sharp, II. p.
,,..,n and w. J. Montgomery, In.
1.,sd by the grand jury for ullaw-
,nn, engaging "ln a combination In
s',,,,nt Of trade and commerce" In
,s, rsttl,ofy, by what is known as
'ss. coal combine" were called IN
tndse Bartch's division Of the Third
",,,l,l court today 10 plead to the
.1,,go against them. Il. l.. Carpenter
,,,snt OF the Pleasan, Valley Coal
s.mn.uy, and +. IL. Moore agent OF
"A. Union Pacific Coal company;
vhil, the others are members OF the
,o,ls1change In this city. The agents
,.mea refused TO sell TO +. T.. Lewis,
vbo was not n member Of the coal
,,ebange, coal IN carload lots
a. tbe came price II was being sold to
,,s coal exchange members. la their
Solns this, the indictment Gays that
~ Jeisnlanls sought 10 "unlawiully
"a, augment and increase the price
c5.I AT retail In Salt Lake CITY, AMI
- destroy free competition In the sale
stcoai In said city, and to compel the
s.n.umefs OF coal In said city to LAY
,,srrtot the prices fixed by said coal
,ebanveD rhia IL declared to bs
ssntfafy TO the statutes Of the United
sisiss. under which the Indictment IL
t,gurbt. The defendants asked for n
coz VI the Indictment for their altof-
-, Williams, Van Cot d SutheT-
i,sd' aud Judge Judd objected unless
ibs defendants would pay Tor II, ~ he
,,,j the government would not. The
r5uy uquesleJ was Mt first refused, but
l,isf Judge Bartch said he would
aIlog H., aud the defendants were
ofasrsd to enter their plea on satur-
10y next.
WANTS ANOTHER DELAY.
The Salt Lake county scandal bust.
te,s cane 40 next IN tue calling for
ttial Of Martin Haykon, on the charge
oto1efing bribe 10 Jos. IL, Morris,
one OF the eX-seiectmen, In connection
With the city anu county building fur
ultufe business.
Judge &. &. Dey, for the defense,
aid b. was surprised NJ the case being
called tor rial, became he did not
ihink Judge BArlch could take II Up,
and the defense had not had time to
rfsfare siil lavits asking for n contlnu.
aBet,
Judge Barlch-f know nothing OF
Nh, case. IL there an objection TO my
ttAting ~
Judge Dsy said Judge BArtch had
nan member OF the county court,
aal associated with these same select
mel.
C5uuty Attorney whllIemors said
twas not true that Judge Bartch was
.msmber Of the county court anu had
any association with the selocImen At
The TINE named In the indict.
mept. nor had he been MEM
Ter OF the county court for
more than two years before the date
Of commission 0f thls Uiiense. Mir.
whluemOro said he was not surprised
Il any attitude the defense In this
cafe might assume.
Arthur Brown said the defense oh.
lseled 10 having the case before tried
before Judge BaEIcb, lest there was
some bliss.
Judge Battch-If the defendants are
fearful / will not do them justice,
will not bear the case. Not that 1 feel
| have any bias that would operate
against lhe former members OF tue
e5urty court, but rather that | might
tu In their favor.
Thele was some further discussion
Of the matter, because Judge Merritt
WVu d not hear II, ana that left no one
10 salt Lake whom the deieLsa
would nsent 10. Finally a mossSnk OF
Nls sent to huut up Judge King, TO
Seetlain whether he would preside nj
the Trial. The Judge was found, ana
alter a consultation with Judge Barteh
Departed f.om the building. A few
minutes LATER, Judge Bartoh announced
lbtl Judge King could not hear
The case THIS week.
Mt. Blown then said the defense
wanted another continuance Cor a
lew dAyf, becaute their DISPOSITIONS had
no arrived; atd he wanted TO have
Jud,e King to hear this application
i9f pgstpunement.
Mr. Vaflan, who IL acting with
the prosecution, said there need BE-
no trouble on tnAt score. An agree
ment might be reached for few dayt
poslpouement.
Tue court ordered the case 10 20 Ovel
MI . O'Clock, to ascertain what dsy
next week Judge King could heglI
the trial.
This afternoon is was agreed 10 tar,
The case w on Monday before eithsl
Judge Msrritt or Judge King. Tn,
aloiuoys lOt Hayken gave not O. tina
on MONDAY they would apply for I
Wll further continuance.
LOST THE INDICTMENT.
The case OF Peter ClATk, indiote,
TOT murder In the hrst degree, com
ml1led In Park City IN the k,iiing o
Henry H. Nugenl, was next called
AMI Judge Powers, for ths deiendant
a'kei 10 see the original indictment.
District Attorney judith oFigiua
Indictment has been mislaid and tn
Ren'rman knows II. lie has beol
alyen a copy.
IuIgv roserE--Hs has not beef
given a cory. We insist that the
produce the original indictment,
mere ever was nna. 1 do not thinl
my brother Judd over saw It.
i N.aN a.