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

was an example of the grossest mis-
behavior of which Marshal Brigham
could be guilty. He had kept y man
for hours without counsel, although
! pleaded with TO grant the right. Mr..
| Hayken had been searched, his pri-
vate property taken, and all without
warrant being read or presented to
him. He rendered money to send for
his counsel, but they would not send.
The attorney himself pleaded for an in
terVieW. but it was refused Then the
chief justice himself instructed the
officer. but the marshal held himself
above all courts. If granted the privi-
lege. Mr.. Dey said he would produce
evidence that would shock the court
and all citizens.
P. L. Williams quietly remarked
that the explosion of eloquence and
anger on the part of the attorney yet
had made no statement of facts show
ing contempt. This whole proceeding
was absurd, ridiculous. Because Mar
shall Brigham would not turn the at
torney out of bed at 4 o'clock in the
morning, he is accused of contempt of
court. This merely emphasized Abe
ridiculous features of this proposition.
The marshal had some discretion in
this matter. If there was anything on
which to base the charge of contempt,
Mr.. Williams was ready to have it
brought out; but on the face of the
statements it was evident that there
had been no contempt.
Mr.. Dey again made his statement
that Marshal Brigham's case was an
aggravated contempt.
Marshal Brigham Roasted.
BY Judge Merritt-Judge Dey came
to me, think, at the club while ] was
at breakfast, or just after having
hl-ec lrfo Ct 70. n
that he was refused permission to see
his client; I stated to Mr.. Brigham,
and / supposed that Mr.. Brigham
understood it and that it was agree
able to him, that the man should see
his counsel. Is that correct? (Ad-
dressing Marshal Brigham.)
Mr.. Brigham-Do you wish me to
tell you what my remembrance Of the
conversation is?
Judge Merritt-Yes.
Mr.. Brigham-When you came into
my Office, at least going back to that
conversation
.Fndge AIerritt-No 1 speak of when
you came up to the club.
Mr.. Brigham-Judge Dey said to me
will you obey the order of the
court?" 1 said 81 will, when 1 receive
an order
Judge Dey-I said Judge Merit
Mr.. Brigham-I said then, Il haven't
got formal order of the court"
Judge Merritt-You didn't say so. I
said then that You are wrong Mr..
Marshal
Mr.. Brigham quote the converse
ton that occurred afterwards in the
office; you said Marshal believe you
are wrong"
Judge Merritt said so to you that
the man ought to see his attorney, and
you made no objection to it. And [
certainly understood you would per-
NIT him to do so. If 1 had not 1
should have made an order then and
there, but I understood from what
you said that you would allow the
man to see counsel.
Mr.. Brigham-I didn't so under
stand it.
Judge Merritt did While this
may not be a case of contempt of
court 1 think it is a case of very bad
faith, on the part of the marshal, be-
cause if had thought that you did not
understand me l should have made an
order but l understood then that there
was no difficulty and that you were
agreeable. I was talking to You as
the chief executive officer of this
court, and when Mr.. Dey returned to
this club and I went down. then
understood that you were satisfied
with the suggestion that 1 made, and
was astonished when l found that
you had gone off to consult Mr.. Whit
temore. l did not know who Mr.
Whittemore was, only that he was
the county attorney engaged in try
ing to get at the bottom of this af-
fair, which is very commendable, but
was clearly misled by your actions
Mr. Marshal, clearly so. l didn't
understand that you were going to
do as you have done. because if 1 had
l should have made All order and
think 1 should have invoked all the
power contained in this court, and
Will say to you now sir, that the next
time L shall put you in a position
where you will enforce the orders of
this court at all hazards. wont
punish you now. because there is some
doubt in my mind whether I have the
right to do so. I know this much.
this man was brought here: at least
understand so, from reading the news
papers, l don't know anything about
1t further than that-this man Hay
ken, came here voluntarily and was
arrested upon his arrival. And he
asked to see his counsel and you re-
fused to permit him to do So That
may be the practice of police courts.
but as one of the officers of this
court think your action is not TO be
commended, on the contrary l think
you ought to be condemned in the
strongest terms. l will say again, and
repeat it, that the next time such
thing occurs, I will see that the mar
shall shall obey my orders or know
the reason why
Proceedings Dismissed.
The contempt proceedings were
then dismissed and the court proceed
ed with other business
1t is safe prophecy that
Marshal Brigham viii not again ger
into trouble on any advice which Mr..
Whittemore may tender him. There is
no doubt that Whittemore hoodwinked
the marshal into doing an illegal act
and then left him to get out of the
difficulty as best he might
HAYkEN INDICTED.