The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-12-17

are fifmsy in the extreme, and more
/ especially with regard to the securing
Oh MT Carsley, as an exert witness to
testify as to the real value of the furni-
lure IN controversy. They state that
no such expert testimony can be Sc
cured this side of Chicago, but I say
70 70 me court that witnesses competent
10 pass on the value of that furniture,
can be had right here in Slat Lake.
Counter Afidavfts.
! Mr.. Varian offered counter affidavits,
the introduction of which was object
ca to by counsel for the defense. His
honor, however, said he would hear
them and decide afterwards if he would
consider them. Counsel read one by
Weary, in which he denied having i'm
Inundated witnesses for the defense,
and stated that he hadn't seen Carsley
at all.
County Attorney Whittemore deposed
that ne nor any attorney for the pros
ecution had not inundated witnesses
or attempted to prevent the taking Of
depositions Neither had they employ
ed Weary or bought him. to prevent
defendant getting dispositions.
Mr.. Varian made dispositions relative
to the time the orders to take deposit
ttons were sent off tending to show
that the defense had had ample time
to get the dispositions of all the wit
nesses named in the AFFIDAVIT
Whfttemore Threatens the Court.
Mr.. Whlttemore made a few remarks
and cited authorities to show that the
counter affldavits offered by the pros
ecution should be committed and con-
sidered- He also held that the value
OF the furniture cut no figure as to
whether the crime of bribery had been
committed. and therefore the testi
mony of these expert witnesses was of
little or no value. He also contended
that due diligence had not been eXer-
cised by the defendant If the
case was further postponed, coun
sci said the prosecution could
never again bring the evidence
they now had to prosecute Hayken
and the case would probably fall to the
ground
If it was continued it would be said
that the prosecution of criminals was
becoming a farce and the prosecution
and this court would be held up to the
scorn and derision of an indignant
people.
Judge Merritt don't care anything
about that. I am going to decide this
case according to the law. ] care
nothing for anybody's scorn.
Mt. Browns Talk.
Attorney Arthur Brown, arguing
for the continuance, said Mr.. White
more had made a new threat. He now
said unless the trial went on now he
wouldn't play any more and he
threatened the court with the scorn Of
the people.
Mr.. Whittemore-I don't threaten the
court.
Counsel then went on to argue that
due diligence had been used by the
defense, that the evidence desired was
material and that according to law
and usage the defense was entitled to
continuance.
On previous times when this matter
was UP Mr.. 'Whittemore had urged
that the prosecution had expended $3.50
in bringing witnesses and they wanted
to force the case to trial to get the
worth of their money. Mr.. Brown
cited numerous authorities to show
that it was not competent. in a motion
for continuance to introduce counter
affidavits He also read an affidavit
Weary had communicated with
him and attempted to dfssuade
him from testifying for Hayken:
that he had offered him a job or lnti-
mated that he had something for him
to do if he wouldn't become witness
for Hayken. That, said counsel, is
about equivalent to Mr. Whlttemore
offering an individual a clerkship ait ST.
500 or $1,000 a year if he would COM
NIT larceny for him.
Mr. Varian had admitted that the
prosecutions interfering to prevent the
taking of testimony was good cause for
continuance and counsel held that 1t
had been shown that the prosecution
had so interfered.
Mr.. W1hittemore had an honest heart
and it was through excess of zeal that
this interference had taken place. But
it was no less an interference with the
course of Justice.
Mr.. Whittemore Explains.
Mr. whittemore here said he wished
to explain that he did not refer to the
court when he said that the prosecuting
officers would be subjected to the scorn
and derision of the people If a con-
tinuance was granted. He meant in
no way to apply this to the court.
Judge Merritt think your zeal pro-
badly got the better of your politeness.
The court has always been considerable
to attorneys and, though you may be
guilty of contempt. L shall pass over
that, but 1 will take this case under
and will decide it accord
ing to my view of the law. A cues
ton of expediency shall have no weight
with the court. If 1 believe that, ac-
to the law, this man is entitled
to continuance, I shall grant it and
[ care not what criticism may follow.
I don't thinlz, however, that the people
would scorn Judge for administering
the law.
Judge Henderson then said few
closing words for the defendants mo-
ton and the court took the case under
until this morning.