The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-02-03
SMITH, SMITH & SMITH.
JUSTICE. ATTORNEY AND DEFEND
ANT IN THE POLICE COURT.
Mutton Appeals His Case-H. A. Ar
CUES For Gardiner aud Grant II.
Disn,ises Charles Hendricks.

While the number of cases III the
police court were not as numerous as
upon other days, they were of consid-
cradle Importance, and legal lore and
forensic ability flashed and scintillated
around the courtroom like the blazing
lamps of alabaster in the enchanted
cave of Aladdin.
Attorney j. a. Williams was the first
to shy his castor in the judicial ring,
appearing with an affidavit sworn to
by Mutton Smith, the negro convicted
Of taking Mrs. De Youngs pocketboOlk,
said affidavit being part of the papers
in an appeal to the district court from
the decision of Justice Smith in SEN
fencing Mutton to forty days imprison-
ment. The affirmation was couched in
all those terms so familiar to iurists,
and set up that the complaint did not
state facts sufficient to constitute q
public Offense: that the evidence was of
character purely circumtsantial, and
further, that the court acted in the
dual role Of both prosecutor and Judge
and engaged in '"wordy skirnishes"
with defendants attorney Where
fore, etc. The wherefore" was granted
on fling a bond of $50 and Smith is
at liberty.
Smiths held the day in court. Smith
presided as justice, Smith figured as de-
PENDANT, and Smith appeared as at
torney. The two first have been no
ticed; now for the third. He came in
the person of H. A. Smith, attorney for
Robert Gardiner, Who, upon the charge
OF cruelty to animals, was in July
given jury trial, found guilty and
sentenced to pay fine of $40 or be i'm
prisoned twenty days. Defendant i'm
mediately gave notice of appeal and the
papers in the case We're taken to the
district court by the clerk of the police
court, but the defendant failed to docket
the same within the thirty days re-
CURED, as by law. A notice to this eff
feet was served some time ago upon
the city attorney, who caused a, bench
warrant to issue for GARDENERS re-
arrest. Gardiner came into court and
plead ignorance of the law, supposing
his attorney had attended to the mat
ter. Justice Smith gave the defendant
a few days to consult some attorney.
Yesterday Attorney Smith appeared
and took the legal position that the
police court had no jurisdiction, as The
case properly belonged TO the district
the city was to pay the docket
fee and get the case dismissed
from the district court in order to OBJ
tain jurisdiction. Numerous authorities
were quoted all of which were opposed
by Mr.. Van Horne, and pending a more
exhaustive discussion of the subject the
case was continued until tomorrow.
A somewhat pitifUl case was that of
Charles and John Hendricks, father
and son, charged with the taking of
small quantity of coal from the Union
Pacific yards. The statement Of the
old man was that he had taken the
fuel because his wife and six children
were cold and he had no money to buy
and could not obtain employment.
did you steal this coal. knowing it
was against the law, and run the risk
of being sent to prison?" asked the
court.
Yes. sir; I stole the coal, and I
knew it was against the law, bit it
was a case of necessity. 1 promise that
1 will not do such a thing again.
you understand" said Justice
Smith. that railroad corporation
must be protected as we'll as a private
individual?"
Yes. sir
Nj. F. NJ. Wean, the company's
agent then arose and said the COM
pany had no desire to prosecute the
case, and on motion of Attorney Van
Horne the charge against the defend
ant was dismissed.