The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-08

County Attorney Whittemore made
another exhibition of himself yesterday,
one of the usual kind, with which the
public has become very familiar by rea-
son of their frequent repetition. Yes
terday's was IL degree of assininity
about on a par with most Of its pre-
decessors. 1t was probably, however,
a more expensive show than the aver
age, but that is neither here nor there
i'll the eyes of the prosecuting attorney,
as the public pays for the whistle
The subject matter Of the perform
ance in which the county attorney was
the leading character was the trial OF
Herman Bamberger for agreeing to ac-
cept a bride from the Western Tempera-
ture Regulator company through their
agent, one Charles A. Barker.
Mr.. Barker was the principal witness
for the prosecution. He turned states
evidence, being under Indictment for
agreeing to give Bamberger the bride
of $500, and as a reward was promised
immunity by the prosecution. His tes-
tinony. that of a confessed criminal,
was what the prosecution relied on for
q conviction, and, as every man with
common sense knew would be the case,
it proved a broken reed. Barker is
Kindred spirit to L. c. Dah ;, h. u.
Weary. L. h. Swiney, Alfred N. Floess-
Ter and other choice satellites revolving
around the planet Whittemore, and his
services to the people proved just as
valuable as theirs. The result was
that after a day of errors in law, errors
an Judgment and lack of common horse
sense on the part of the county attor-
ney. Judge RoIapp, when the pnosecu-
ton closed, instructed the jury to re-
turn verdict of not guilty. A few
minutes prior to that the county attor-
ney was walking on air, Selectman
Ceddes. who t5ok a prominent part In
the prosecution, was in the seventh
heaven of delight, for they seemed to
think that a conviction was certain,
but the county attorneys other ASSIST
ants, NIessrs. Pratt, Nye and Waite,
wore sober faces and evidently were
,,reDared for what was coming. When
Judge Rolapp announced that he would
sustain Mr. Rawlins' motion that the
iury be instructed TO return verdict
of not guilty. Whittemore's jaw fell and
Geddes looked as if his only hope OF
salvation had departed. Harmed Pratt
gazed out of the window towards the
Wasatch mountains with a far away
look in his eyes while George Nye al
most wept at the thought that he,
constructively, was partly responsible
for the blunderS of the prosecution, and
Garfield Waite appeared either
ASHAMED of himself or his company.
JUROR KoPP STILL SICK.
When the proceedings were resumed
yesterday morning, Juror Kopp was
still absent through sickness, and j. E.
Edmonds was examined and accepted
by both sides in lieu of Mr.. kopp. The
Indictment was again read TO the jur-
ors The defense admitted that the de-
PENDANT held the Office OF county select
man from January l, 1893, to December
81. 1894. and was also member of the
Joint building committee.
Mr. Rawlins then raised the point
that the defendant was not indicted I'M
der the proper section of the statute on
the grounds that a selectman was not
an executive officer. The objection was
overruled.
PROSECUTIONS CASE STATED.
County Attorney whittemore made a
statement of his case, in substance that
one c. A Barker, representing the
Western Temperature Regulation
company came here in November, 1888,
for the purpose io5 selling to the city
and county a device for regulating the
temperature of the various rooms in
the new building. The prosecution ex-
pected to prove that Bamberger made
an agreement by which he was to re-
ceive $500 for his influence in helping
to secure the contract for the Western
Temperature Regulation company.
Barker reported this arrangement to
his company and added the $500 TO the
price paid by the county as is usual in
such cases. The Western Temperature
company sold the contract to the john
son Electric Service company with the
understanding that they were to pay
Bamberger the 5000 as agreed. The
prosecution expected to prove that in
december. 1894, Mr.. johnson instructed
his cashier to make draft for $500 in
favor of BAN berger and that the cash
Ser did so and mailed it to Herman
Banberger on December 81, 1894. The
envelope had a return notice on it. but
it had never been heard of since it was
mailed. The crime charged in the in
isctment was agreeing to accept bride
end on the above showing the prosecu-
ZION expected a conviction.
MINUTE BOOKS INTRODUCED.
Fred Va. DENNIS was the nrSt witness
called for the prosecution. In reply to
Mr. Whitten.ore, he said he was deputy
recorder and assistant clerk Of the
joint building committee in 1893.
Witness attention was called to the
minutes Nof the proceedings Of the COM
nnittee On several dates, which he said
We're in his handwriting and were cor
rect.
c. E. Stanton, who was city recorder
at the time. was sworn and identified
the minutes of ether dates and testified
TO their correctness. The minutes in
- -N--v sslated 20 the letting of