The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-22

1t was not any very great surprise
when L. c. Davis who figured in an
unenviable light in the Bamberger-
Morris bribery case, was arrested yes
terday afternoon on charge of per-
jury.
Inc complaint. which was sworn to
by Joseph r. Morris, in substance
charged that L. c. Davis, on March
49, 1896, falsely. corruptly and feion-
lousiy swore as witness in the BAN
berger-Morris case that re came to
Salt Lake from Denver about July 2
or ., 1898, and stayed here about two
or three weeks, except that he made
! two or three trips to Ogden during
that time; that he stopped at the
hnutSford hotel all the time he stayed
mere, and that he met Herman BAN
! berger ON the street in Salt Lake a
| few days after he arrived, and was
introduced to him by Mr.. Bird; that
about July Is. 1893, he met Herman
! Hamburger and ]. r. Norris in the
barroom of the Knutsford; Mr.. Cahoon,
| MI. Wantland and another man were
with them, and Bamberger introduced
him to Morris, Cahoon, Wantland and
the other man; that Bamberger asked
him for an estimate of the cost for
supplying the iron work for the city
and county building, and Bamberger
asked Davis, What is there in it for
US = and Bamberger further said they
wanted 10 per cent, and among other
things that Bamberger suggested that
Davis should write to his firm, the
WinSlow Bros, about it.
1t is alleged that Davis did not come
TO Salt Lake on or about July or 8,
1893. as the said Davis then and there
we'll knew, and did not stay in the city
of Salt Lake two or three weeks, and
did not stop at the Knutsford during
the said two or three weeks, as the
said Davis then and there we'll knew;
and the said Davis did not on July>15,
1893, or at any other time meet Bam-
berger and Morris with Cahoon and
Mainland and hold the alleged CONVEX
sation with them then or at any other
times and that no such conversation
ever took place, all of which was we'll
known to Davis. 1t is charged that
the evidence was given by Davis will
fully, corruptly and falsely, and the
same was known to Davis at the time
to be false.
DAVIS ARRESTED.
The warrant for Davis arrest was
issued by Justice Harvey and put into
the hands of the sheriff, whose deputy
found Davis at the Knutsford hotel,
and at once arrested him.
Davis forthwith communicated with
his friend, County Attorney White
more, who appeared before Justice
Harvey when Davis was arraigned,
not in his accustomed role of a prose-
cutor, but as a pleader on behalf of
the accused, while the complaining wit
ness. Mr.. Morris, was represented by
Attorney Joseph Lippman of Powers,
Straup & Lippman.
WHITTEMORE REFUSES TO PROS
ECUTE
Mr.. Whittemore opened the proceed
ings by stating that the warrant had
been issued without his knowledge
and as far as he knew without CONSUL
tation with any of his assistants. THE
court" said counsel has issued the
warrant without my consent. The
court has jurisdiction to do so, but it
has been the custom to refer appli-
cants for the issuance OF warrants of
arrest to the public prosecutor, who is
used to examining into the merits of
such cases, and this custom often
saves the county a great deal of ex-
pense by preventing prosecutions being
instituted through personal spite or |
malice. l know the circumstances of /!
this case, and it should have been re-
ferred to my office. 1 will have moth
ing to do with a prosecution of this |
kind. If it became my duty to pros
ecute it | should have the proceedings |
dismissed"
The Court-On what do you base your
reasons for not prosecuting?
Mr.. Whittemore said the public pros
ecutor had not been consulted He was
satisfied that a conviction could not
be had and that the prosecution was
instituted for personal gain by the
complaining witness, who was under
three or four indictments. and by this
move sought to intfmidate other wit
nesses and prevent them from coming
here to testify, and he didn't propose
to lend his assistance to any such
game The matter might have been
brought before the grand jury. but as
it is, he requested that the case be dis
missed.
The Court-The status of the case is
just this: A criminal complaint has
been sworn to, charging perjury-a ser
ious crime. The defendant is here and
I have waited to hear from the county
attorney out of respect for his office.
Do l understand that the county at
torney moves that the defendant be
Mr. Whittemore-I stated to you that
the defendant ought to be discharged.
but if you choose to investigate YOU
can do SO.
Mr.. Lippman said the charge was a
serious one and the statute was plain;
the court had jurisdiction to issue the
warrant and an investigation ought 10
be had. 1t was a plain case of per-
jury.
DAVIS GOES TO JAIL.
The Court generally refer appli-
cants for warrants of arrest to the
county attorney. L have never drawn
a complaint except in case of emerg-
ency, as l don't care to sit in Judgment
on my own pleadings In two other
cases-one against ex-Police Sergeant
Ford and one against ex-PatrGlman
DeYoung-I issued warrants without
the county attorney. This
complaint is in due form. 1 have read