The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-09

The case against Captain Donovan
on charges of resorting to a house of
ill-fame for immoral purposes, was be-
sun in Judge Wengers court yester-
day afternoon and drew a crowd that
caused anxiety lest the old structure
housing the police department should
ciumble beneath the enormous weight.
The prosecution presented its case
and the defense probably had most
of its testimony in when the court ad-
journed until Tuesday, at which time
the defendant viii be cross examined.
The testimony is given in full on all
important points, and the public may
draw its own conclusions therefrom.
When the case was called City At
torney Mckay said he stated to Chief
Pratt in the morning that in view of
the fact that he had been counsel for
Donovan in the recent trial before the
commission it might be looked upon
with suspicion if ne were to prosecute
the case today. In addition to that
he was not feeling very well and would
much prefer Chief Pratt obtain other
counsel He had suggested to The
chief that the firm of Williams, Van
Colt & Sutherland, who had represen-
ted the chief before. be secured. The
laCter was not inclined TO do this. but
stated that he would see the county
attorney. Mr. Whittemore was present
and was ready to prosecute the case.
Mr.. Mckay then stated that it had
been suggested by the county attorney
that the case be dismissed in the 20
lice court and new process instituted
IN the district court. To this sugges-
ton the city attorney said emphati-
cally NO This case should be dealt
with the same as any similar case.
ITO take it out Of this court. that
viii not consent to- he said. 1T must
be prosecuted here"
OBJECTION TO THE VENIRE.
At this point Judge Powers arose
and asked to examine the venire for
the jurors The judge critically ex-
amined the venire and then spoke up:
Yesterday it was understood that the
jury in this case should be summoned
ny the sheriff. Instead, the venire has
been issued by a constabl
Attorney WhittemOre came forward
and said it was much his desire not
to be mixed up in this case, but as it
was customary for county and city Of
ficiais to aid each other in prosecuting
these cases ne WOulQ assume the duties
as best he knew how.
Judge Powers was still not content
with the constable having served the
venires.
The CoUrt-The objection was made
to the sheriff serving the venires by
the chief I tried to get a deputy
sheriff this morning. but as the hour
wa. late { put il into the hands of the
first officer I met.
McKay-Who objected to the sheriff,
your honor2
Judge Wenger-The chief.
AN EXCEPTION TAKEN.
This caused an expression of sus-
Oicion to fit over the face of Judge
Powers. who thereupon wrote an ex-
,eption to the jury, on the grounds
that the jury was subpOenaed under
the direction Of the chief of police
A tilt between the court and Judge
Powers followed, with the result that
Judge Wenger sharply ordered the
clerk TO call the jurors, oYerruling the
objections against their manner of be
ing summoned.
Judge Powers was persistent and
characterized it as strange that the
court should have taken suggestions
the mode of procedure in emphatic
terms
can the jurors. Mr. Clerk" was
the only response Of Judge Wenger,
VINO appeared out Of patience.
THE JURORS.
The Jurors were then called, their
names being: j. c. Cutler c. J. o. r.
win. D. H. Wells. J. H. Brown, c. H.
Parsons and B. z. Bauer Out of this
number Mr.. Irwin was disqualified on
account Of living outside of the city
limits. while Mr.. Wells had not been
q resident of the city for sufficient
length of time.
The others were, after a lengthy ex-
animation, accepted by both sides J.
c. Cutler is a representative of the
Provo woollen mills; ]. II. Brown of
the firm Of Brown, Terry & Woodruff:
c. II. Parsons of the firm of Parsons
&. Dirge: and B. F. Bauer. manager of
the Salt Lake Hardware company.
When the jury had been accepted
Attorney Whittemore turned to the
court and asked for a list of the wit
nesses for the prosecution, but re-
ceived the reply that none had been
summoned. The county attorney
looked askance and the hall rang out
with laughter. Clerk James then said
the prosecution relied principally upon
police officers and they were all pres.
ent.
in a. pause in the proceedings that
followed Judge Powers noticed some
of his witnesses going into an adjoin-
ing room.
Tell those witnesses 10 come out
Of that ROOM" demanded Judge Pow
ers They have no right to take our
witnesses out there and talk to them
The judge complied with Mr.. Pow
ers' wishes and the witnesses were re-
auAsted to come into the room: but
many Of them remained there, being
also witnesses for the prosecution.
OFFICER GILLESPIE.
officer Gillespie was the first wit
ness. He testified that he left the
station in company with Officers Pack
and De Young at $50 o'clock in the
morning: that they went to LII |
Evans house on Franklin avenue. we |