The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-12-06

All doubts as to the matter Of an
election contest being brought in the
courts were settled yesterday. when
the case OF the state of Utah VS..
Charles E. Stanton, county clerk, ended
in Justice Kelson fining defendant 81
and costs, from which finding he will,
by his attorneys, Messrs. Zane and
Loofbourow, appeal to the supreme
court OF the state by means of a writ
of habeas corpus.
Mr.. Stanton was in the court of the
Justice aforesaid and hereinbefore men
toned. charged with a misdemeanor,
the nature of his offense being set
out in legal phraseology, in this that
Everett ". Wilson was a candidate at
the last election for the Office of repre-
sentative from the Eight representa-
tive district: that he received ma
iority CT the votes of the voters of said
district and was elected; that the said
Charles L. Stanton is the county clerk
of said COUNT and that by virtue of
his being such county clerk il was his
duty to issue 10 the said Everett W.
=
he the said Stanton refused. and still
refuses 10 do although the said Everett
w Wilson has asked repeatedly that
said certificate be issued, contrary 10
the peace and dignity of the state and
against the statute in such case made
and provided.
Ii appears that Mr.. Wilson called on
the county clerk yesterday and asked
for his certificate of election. Downing
that sliave smile which he keeps for
all occasions. Mr.. Stanton blandly in
formed the nDer-elect the document
was not read. Mr.. Wilson insisted
that he should have the same and de-
manded it. in those tones which are
always used when legality is involved.
This demand elected the fact that Mr.
stanton has a grievance against The
Herald. I1e refused 10 give Mr. wilson
the certificate, in act at least. as the
learned justice related in summing uD
the case. The WOrdy portion OF the
declinatiOn was q sort Of vague, in
dehnable. intangible affair. the only
real. apparent point being that Stanton
is incensed at The Herald. He thinks
The Herald has wronged him. He in
formed Mr. Wilson that had The Her
aid not thrown q lot OF expressions al
him, of an unSaV0ry nature and re-
pugnant 10 his intellectual palate, he
might have issued the certificate, hut
The Herald.
OF. course AIr Wilson has nothing to
do with The Herald'S "bulldoZing' any
one. so he left the office and, accom-
PANIED bv his attorney. Hon r. IS.
Shepherd. wendell his way to the Of
fee OF the justice and swore TO
complaint. upon which a warrant was
issued later and served upon the per
son of the doughty clerk of the county.
The case came on in the afternoon.
The office was crowded First came
Stanton and his attorneys. Zane and
IcofbouroW. John Lu Taylor came
with them. so that If either of them
fell down on points Of law, he, being
an experienced practitioner, could as
sist them in an emergency. County
Attorney Whittemore came also. What
his purpose WIS no man seemed able
10 define, for he took an advantageous
place between the window and the
court. crossed his extensive pins"
End spent the entire time consumed in
the trial in smiling alternately at one
acquaintance and another. It did not
seem to matter which side made
point, the county attorney smiled just
the same
Mr.. Wilson stated in plain terms his
experience at the Office of the county
clerk and the latter's refusal to issue
him the certificate. Then Mr.. Stanton
took the stand
1t is but fair TO say that Mr.
Etanton's testimony was rot so sue
cinct as it might have been. The
urbane county clerk did not seem to
know where he was at. There was
manifest disposition to evade direct
replies. For instance he replied to
the question. Did You intend to is
sue certificates of election" by answer
ing in = day or two
Stanton apparently has a copyright
on this day or two" business, for he
made use Of It several times in the
course Of cross examination. He was
going to issue all the certificates in a
day o. two on two or three occasions.
although at others he declared he
did not know whether the GER
tifcates were ready TO be issued
or not Pressed for Informal
ton on this particular point. he de-
clared lie had made out the certifi-
Gates himself, with red ink on some Of
the lines. so they would be pretty
though he believed the seal of the
county had not been added to all of
Now. as a matter Of fact, the add
ing of the seal is a matter of a few
seconds only, is it not?' asked Mr..
Shepherd.
Affirmative e.4SN e.
rs II not also fact that the seal has
been attached TO some of the certifi-
cates?"
Mr.. Stanton could not say, although
he beliexed-no he didn't either; he
didn't know whether the seal was at
tached to some or all.
DO you know if the seal was on Mr..
Wilson'S certificate?
No. Mr.. Stanton did not.
.sYo11 decline to issue the certificate2' %
Here Mr.. Stanton replied with one of
those peculiar answers which indicate
a desire to be in some. other place. He
could not say that he declined TO is
sue II; he thought he had told Mr..