Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-09-17
rARSHAL SAYS HE DIDN'T.
a n, Contempt Proceedings Ar'
Dismissed
,,ru,u,nsse FOR rnr FUTURE
nj, whlu.msro working Win Co"
n,,a.sl. Zeal which so~e'im"
RIMS Fast, says the JudS"

rh,r, vna big crowd In attendance
=, couY, INF. morning, when Judge
u,,,,,, called up the contempt pro-
e,odlpg, against U. ). Marshal Brig
lam asd County Attorney white
more.
Attorney Dey stated that be wished
,.take testimony on the subject, aud
Mr.. Williams, for the U. 3. marshsl'
obl,e,,d III the answer OF MI
Bfisham could be heard. This answer
IVA, 10 the effect that when Judge
Merritt spoko to him, advising that
M. Dey be allowed TO consult
with hi. client, Mi. Haykeu, Ms. Dey
VA granted such privilege within
l.lf 40 hour. Mr. Brigham said lac
eld no, unceTsnnd Judge Merritvs
,l,,emsn. a. an order OF court, bu. ~
,l,lee. which be accepted, although
he had also consulted with Assistant
U. 3. Attorney HowaL lie had no
Intention q contempt Of court Ia his
action.
Mr DeJ-we now call Mt. White
mere.
NJ. Howat-He i,now drawing his
lnswtT.
Judge Mettiit-MT. Whlltemore does
net run this court.
Mr. Howat-Hs will be here short
w.
Mr.. Williams insliied that there had
leu no order OF court which could DO
i,ebsyed by the U. y. marshal aud
Mt whiitemors. therefore there could
b,tO contempt Of court. Even II there
bad been regular order In the matter,
the action Of the marshal was not cen
tempt The marshal had listened
10 The courts advice, had con-
,ulied with the assistant U. b.
attorney, Gnd within 20 minutes had
tent The message to MIR. Dsy that no
Wa At full liberty TO zee his client.
AAtAak AANaN hbhhhl nv
ioiney Whlllemofe came In with his
An,vef, which states tnat he undef-
lioOd aud ttill understands that his
Aivies TO the marshal not TO allow any
ons, even MI attorney, TO see MI. Hay.
ien unill he was first brought into
court Il In conformity with the law;
alto The order OF tho court, he took
The sane view IA did Marshal Bris-
lLli.
blf. Dey then said that no regarded
iho tcllon OF this marshal hs the gross.
tl misbehaylor1n an OH eial OF wnio1
lhs speaker was aware; 30 also was
Nal 81 Mr.. Whittemorr. a misbV-
havlof In otiice or violation or neglect
" duty u contempt OF court. Here
was An example OF tho Prossett mis-
tehavlor Of which Marshal Brigham
eVuld DO guilty. He had kept Ia man
lof hours without counsel, although
llesded with 10 grant tho right. Mr..
mayhem had been searched, hts priv
ne property taken, and all without n
variant being read or Presented to
hlm. He rendered money to send for
gi counsel, but they would not send.
Ihs attorney himself pleaded Tor All in-
leivlew, but II was refused. Then the
enlef Justice himself instructed the
tuesf, hut The marshal hold himself
,oo'sAll courts. Ifgranted the priv
Nge, Mt. Dey said he would produce
evidence that would shock the court
and all cit sns.
~ H. Williams quietly remarked
.ns' .he explosion OF oloqusnce and
,nsef on the part OF the attorney yet
uAu made no statement OF facts show
lnS contempt. This whole proceeding
"" ab,utd, Ridiculous. Because Mar
laAl Brigham would not turn the at.
@fhey out OF bed at O'Clock
lhe morning, he IL accused
contempt OF court. This merely
rmphnhlzed tho Ridiculous features o
.nls Proposition. Tho marshal In
,sme discretion In this matter. II
.uese was anything on which 10 basr
.ne ehAfge OF contsmpt, Mr.. Williams
vas ready to have It brought out; hui
w lhe lace OF the statements II was
Tempt. 80
Mt Dey again made the atateme nj
'nAl Msnhal Bugham's case was an
aggravated contempt.
Iuuge Merritt said no made no for
.AAl oruer because he undeTstood th &
S,a shai was willing to accept the nd.
"ee OF the court.
nn MNaishal Brigham sald he had mol
sbs" thn', but was willing Il
wy al orders OF the court.
suuge Merritt said that n he had mol
70 given to understand ths. tn,
a'iaai woulJ follow his advice, h,
"Su'a have made an order. the &c
ia .n ., me marshal was 10 very bac
I,shough II might not be contempt
n,os sneis was rei clifton OF any sucl
p'oeeeuing the court would deal with
W way that tho marshal woul,
Wy ps orders. Tho action OF MIR
r"1nlllemoro Ia this matter was MOI
, my He had lot his yea
ssn,a way with his judgment ant
'n su,u have to exercise greater care IL
, ,a'uIs 70 avoid trouble. Mr.. White
"'ie's zeal In Investigating the count,