The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-01-16

state has not the right, whenever 1t
sees fit, to move for a dismissal upon
any ground that it may have. This
position is as nonsensical as the STUN
that this attorney has been stating
about the manner in which the prose
cution tries its cases through the
newspapers. Now l do not know what
he refers to-; do not know whether
this is one of the mornings when cur
learned friends head is full of idi-
osyncracIes or not. but at any rate
he is entirely wrong in suppoSing that
the prosecution tries its cases through
the newspapers, or in any way influ-
ences or dictates to the newspapers
in what they do. So far as meeting
Judge Wenger, this court knows the
persistency with which newspaper re-
porters pursue items for their papers-
In coming up Main street met Wen
ger Immediately after the meeting of
the reporter of the Tribune, and I
asked him if he could hear this case.
He said that he could the following
day. That is all the conversation that
occurred at that time or ever occurred
between us with reference to the hear
ing of this case.
Now this case. as my brother saws.
we agreed should be set down when
the witness Marshall Adams could
testify. l saw Marshall Adams once
or twice. I saw him the day before
yesterday; he was at my office for
nearly two hours. He was then IN
no physical condition to so upon the
stand It is true he had been out for
nearly a week, but the poison that
has gone through his system was such
that he could not talk longer than
Hx-a 81 n
terview with him in my office, and he
had to stop for periods of five or ten
minutes; his tongue was so swollen
with the poison that had gone into
his system that he would not have
been able 70 give his testimony, and
we arranged with him to come here
just as soon as possible.
GOT A DOSE OF POISON.
He disappeared once as this court
well knows by public notoriety. He
was found in Ogden and brought back,
the case was then set for trial, and he
got a dose OF poison. we do not know
how, but he got a dose of poison that
came nearly finishing him. There has
been trifling somewhere. Where 1t IS
I do not know and [ do not propose TO
say. I have no evidence that would
justify me in saying, only this, that SO
far as the people are concerned, so Tar
as the state is concerned I can say
fairly and conscientiously that
they have no knowledge or infor-
nation, either directly or indirectly,
which would lead them to know the
reason why this man had disappeared,
and we have in no way, directly or in
directly, been connected with his dis
appearance. Whether the same can be
said of the other side [ do not know,
and so far as this argument is con-
cerned it does not make any difference.
Judge PoWers-Will you read the
note you sent Judge Harvey, Mr.. Whit
temore.
Mr. Whittemore (Reads)-"To w. J.
Harvey, justice of the peace. Please
come up to my Office as soon as you
can. I want to see you on an i'm
portant matter"
Judge PoWers-Wasn't that import
ant matter a statement made to you
by a reporter that reflected on the JUS
tees court.
Mr.. Whittemore-No, sir, the reporter
never made the statement to me at
any time.
JUDGE HARVEY TAKES A HAND.
Judge Harvey-I want to ask you
question while you are on that, Mr..
Whittemore. Didn't you say it was
reported that I took or got a parcel
from Walker & FLYERS store following
the arrest of Mr.. Fyler. Did you say
that to me?
Mr.. Whittemore-Yes.
Judge Harvey-That is as false as
anything could be. That was the sus-
picion I was under, and [ want to
resign if there is one word of truth
about all this matter, and I will too
if anybody can substantiate it, and
1 want the whole public to know about
it, so that everybody can investigate
it and find out. If there is one scin-
tilla or appearance of truth about that
whole statement. just a mere suspi-
cion, as justice, / would resign.
Further arguments were made by
counsel at considerable length in which
the county attorney said in asking for
a dismissal now he did not abrogate
the right to renew the action and be-
gin anew, in fact he thought of asking
the district court to call a special
grand jury to look into the case.
DISMISSED.
Judge Harvey-Sitting here as a COM
magistrate in this case I have
no final jurisdiction. I am sorry for
these defendants that have not final
jurisdiction so that 1 could pass on
the case, but if the county attorney
does not want to prosecute 1 have got
to discharge the defendants, that is all.
1t rests with him, the responsibility
of bringing any other prosecution, not
with me. The defendants are discharg-
ed
Judge Powers-To which ruling we
except Let the record show that we
made demand to proceed and that we
except to the dismissal.
TODAY BY EXPRESS,