The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-18

dreys Company.
Yesterday was what may not in
aptly be described as one of the field
DAYS which come along every now
Aane then in the Third district court
The first thing down on the pro-
gramme was the hearing on the order
issued to United States Marshal
brigham and County Attorney Whit
temore to show cause why they should
not be punished for contempt OF
court.
The court room was crowded by 10
O'Clock. and in the audience were
svmpathizers with Hayken, who be-
1ieve he is entirely innocent, sympa-
thizers who believe that he may be
guilty. but who have nothing but
condemnation for the treatment he
was subjected to on his arrival in
this city on Monday morning, and
yet other sympathizers whose sym
xathy was on the other side and who
believed that Hayken got no more
than he deserved
p Chief Justice Merritt took bis seat
\ on the bench at 10 O'Clock promptly.
a3y the way the chief justice is gen
orally prompt and if attorneys who
have cases on the law ard motion
calendar were half as punctual as his
honor. it would relieve the judge of a
= great deal of annoyance.
A few unimportapt little "jimmies'
were attended 20 and then his honor
called the contempt cases.
Wants TO Introduce Testimony.
Judge Dey opened the ball by stat
ing that he wished to introduce evil
dence TO prove the contempt.
P. L. Williams, who represented the
marshal, objected to the Introduction
of testimony and asked leave at that
pofrt to read the answer on behalf OF
his client Permission was granted
and Mr. Williams read the answer IN
substance as follows:
The Marshars Answer.
Y c. o. Whittemore had prior to Sep
TENDER 16 been appointed assistant
United States attorney to assist in the
prosecution of Martin Hayken for
bribery. In pursuance of such appoint
ment. the respondent was advised by
Viii: tc4nore NOT to comply with the re-
quest Of Hayken to send for his counsel
and advised that he was not required
either to send for counsel or permit him
TO be seen By Eayken.
Respondent further says that at the
time of his interview on the morning of
September 10 with Judge Dey at the
Alta clUN Dey asked respondent if he
i -. = rlev. Of he oh af
tice, and that respondent understood
that 10 mean an order of the chief jus
tice made in court and by a formal or
der ard with that understanding re-
spondent said that he would OF course
obey the order Of the court. He IN
derstood Judge Merritt to have said
~ believe you are wrong in this mat
ter My advice is that the prisoner
should see his counsel"
! Respondent then went to consult
WhittemOre and Judge Howat in the
matter and the latter advised him to
let HaNken see his counsel and there
upon he made prompt effort to let Hay
ken sec Mr.. Dey.
He disclaimed any intention of treat
ing contumaciously or without proper
respect any order of the court, but
again answered that he was misled by
Whittemore.
Mr.. Dey-lye now call Mr.. White
more.
Mr. Howat-He is now drawing his
answer.
Judge Merritt-Mr. Whittenore does
not run this court
Mr. Howat-He viii be here shortly.
Mr. Williams insisted that there had
been no order of court which could be
disobeyed by the United States mar
shall and Mr. Whittemore, therefore
there could be no contempt of court
Even If there haG been , regular order
an the matter, the action of the mar
shall was not contempt. The marshal
had listened TO the courts advice, had
consulted with the assistant United
States attorney. and within twenty
minutes had sent the message to Mr.
Dey that he was at full liberty tc see
his client.
The County Attorney Heard from.
County Attorney Whittemore now
appeared with his answer in which it
was pleaded that any part he had tax
en- in the matter was in good faith and
sc a firm belief that he was acting in
pursuance Of his sworn duty in dealing
with a person whom he had cause to
believe to be one of the worst criminals
that ever came to the territory. Fur
Their. that no order was made TO him bv
the court and that the remarks of
Judge Merritt were made to the United
States marshal in the nature of a 4
friendly admonition and that he al
lowed Hayl1en to see his attorney when
recommended to do so by District At
torney Howat
Some Arguments.
Mr.. Dey then said that he regarded
the action Of the marshal as the gross
est lnisbeh5yior in an official OF which
the speaker was aware: so also was
- e
abaIhor in Office, or violation or neglect
- d6ty is contempt Of court Here