The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-08

Justice Haryey's court was crowded
to overlooking yesterday afternoon, thu
occasion being preliminary eXamina
ton of the parties accused of numbering
unfortunate Eveline Bennett, the
Provo girl who died here Sunday las
as the result CT criminal operation
The hearing, however, did not take
place owing to legal bubbles and argu-
ments for delay, and not until tomor-
row will the defendants be called in
to plead
1t was 2:30 o'clock when the court an
nounced itself ready to proceed and
asked counsel to state who they re-
presented. Judge King of Brown,
Henderson & King announced that his
firm represented Dr. j. H. Moves, d.
D. Houtz appeared for Frank Carter
and Sim Duggans and Houtz and the
( redoubtable Peter Lochrie for Mrs.
Massa, while Tom FERGUSON, F. E.
/ Woods and John NJ. Zane were en-
! rolled as the legal champions of Dr.
Mccoy.
When the defendants were brought
INTO court it was noticed that Dr..
Noyes seemed greatly agitated. The
young mans face appeared as though
ne mad been weeping and there were not
a Few of the spectators who sym
pathlZed with the physician, who was
placed in such an unfortunate position
Dr- Mccoy was very nervous and
hogetted in his chair. occasionally
Venturing a whispered remark to his
counsel, Mr.. Woods Carter kept his
eyes upon the floor and not once dur
ing the session of the court did he
venture to raise them. At the conclu-
sion OF the proceedings he spoke to a
rev friends. Mrs Massa BETRAYED no
emotion; neither did Duggans. When
MIS- DugganS entered she affectionate-
~ bestowed upon her husband a kiss.
winch was warmly returned. This was
repeated at the close when the prison
ers We're again taken to Jail.
Attorney Harrington asked that Hon
A: y Cash. assistant county attorney.
Oh Otah county. be associated with him
IN the prosecution. The formaIities
having been compiled with, Mr.. Har-
rlnSton arose and asked the court for
permission to amend the complaint
he desired to insert a few words which
would tend to make the same mora
specific. He wished to charge the usa
of certain drugs and instruments tbe
nature OF which was to the proseeu-
ton unknown.
Attorney Houtz suggested that
amendments to a complaint were NOT
IN order. If the state wished to with
draW the complaint filed and enter
new one, 1t could do so, but otherwise
the proceedings would be irregular.
10 TINS Mr.. Harrington replied that
tne insertion Of the words asked for
woulo not change the nature of the
complaint in the least: ii was merely, y
formal act calculated to state an ale
cation more specifically.
Peter Lochrie betrayed 2. deeraa NJ
anxiety. marked in nature. relating IN
the particular statute under which fhav
We're TO plead The statutes under
which punishment was inflicted for y
crime OF this character are two in num-
per. one provides a punishment of NOT
Iess than Two nor more than ten years:
s ene other attaches a greater penalty,
asked the attorney
NO one vouchsafed to answer tbe
question propounded and the court
ruled upon the matter of amendinoy
the COMPLAINT, deciding against the |
state: Whereupon Mr.. Harrington and |
MT cash retired to another room with |
the complaining Witness Mr. Bennett
! aoner Oh the girl, and new one was
draWn, sworn to and presented only TO |
De OBJECTED to by Mr.. Houtz. who
maintained there was no law author
izing the amending of a deposition
Mr.. Houtz's objections counted for
and as Lochrie had nothing -
OFFER, the court admitted the new com
plant. 00--i-
u, Judge King, on behalf of DR.. Noyes,
pleaded not guilty.
Mr.. HoutZ, for Duggans and Cortar
asked for time. I'VE have had M linn,
for examination of the complaint as
originally drawn" he said. ''much less
the new one. This case is one of grave
import, and as we cannot go to trial
today, we shall ask for time until Mon
Jay IN when to plead. I want to ex
anime the law upon this matter
may attack the complaint; I NAV as
sail its legality; and in asking for
Monday as day to plead 7 do NOT
wish TO be understood as Announcing
nat we will be ready for a hearing on
hat day" 90
Peter Lochrie had the same reouest
o make on behalf of his client, and
made it. -"
Attorney Woods, for DR.. McCov. said
le also wanted to examine the com COM
'laint, which he had never. seen until
cry recently He wanted to investi
-ate. Besides this. Mr. John Zane
ould not be present until next week
M IL was essential that he be pres
mt and also that he familiarize him
elf with the matters connected with
he case. He stated that Monday
would be too soon to go on with the
Judge King remarked: eve desire
n immediate trial for DR.. Noyes. It
you'd be a grave injustice to him to
ave the hearing postponed. We ask
Or an immediate hearing
In the case of DR.. Noyes," said the
rosecuting attorney. I'VE desire tn
ismiss the case and make of him a I
fitness for the prosecution. He could
OF testify here if he was a co-defen-
ant. We have made an investigation
nd in view of the facts we wish to
ismiss."
''Of course, this matter rests with 6
ne prosecution" returned Judge King,