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


will make my docket up to show, and
the judgment Will be mot guilty" in
this case.
Mr.. Whittemore-The record viii
show the proceedings-that no evidence
was introduced on the part Of the
people.
Judge Harvey-Yes, and 1 win rule
this way until am corrected by a
higher court. You are discharged gen.
tlemen. ] am sorry you have been put
to so much trouble in this matter.
ADULTERY CHARGE.
After the disposition of the bribery
case the defendants H. A. Fyler and
Mrs r. a. McKone were called upon
to answer to the accusation Of adul-
terry. Both defendants were in court
and the county attorney began by
saying that he wanted to file a motion
in the case
Judge Powers-May it please your
honor. in each of these two cases a
motion is made by the county attor-
ney to dismiss the same. This motion
is made it states for the reason that
the justice of this court has
signifed a desire not to hear
said cases and the state de-
sires to bring said matter before a
court Of competent jurisdiction who
viii hear and determine the same.
1 submit that the reasons that are sug
gested here for a dismissal of this case
are not sufficient. The court can dis
miss this case provided no prosecutor
I appears, and the court can discharge
/ the defendants. The court can dismiss.
the case and discharge the defendants
when the testimony introduced. if any
I testimony is introduced, fails to show
to the judicial mind that there is prob
I able cause for believing the parties
guilty. These are the only two grounds
[ take it that would justify the court
/ in dismissing the case. The case hav-
! ing been commenced before a magis-
( trate the statute makes it the duty of
the magistrate to proceed to hear and
examine it. There is no provision by
which il can be transferred to any
other justice or any other committing
/ magistrate. Eleven days ago the
county attorney, by his own
oath, made complaint against
each of these parties in this
court. He selected the forum where
he desired the matter to be examined.
He could have gone before any JUS
tice in the city. He came before this
court, his warrant was issued the
parties were brought into court, they
gave bond for their appearance in the
sum of twenty-five hundred dollars; q
understand that that was asked for by
the district attorney and it was a
most unreasonable amount
Judge Harvey-I would have reduced
that upon an application and showing.
Judge Powers-Taken in connection
with the precednnts already estab-
lished in this territory as to the bail
that is usually allowed it was excess
i've, but we made no contest as to the
amount because we were able to give
mat bail 1t was spread abroad how
ever, through the newspapers, the
channels through which counsel seems
to delight in trying his cases instead
OF in the cou4 is, that this bail fndicat-
/ ed the extreme gravity of the case and
the wonderful vigOr with which it was
to be prosecuted since it had come into
the hands Of the distinguished gentle
man who represents the county and
state in this proceeding.
PRETENDING TO SUFFER.
/ The defense, interposing no obstacles
in the way Of a full, free and complete
examination of this case, agreed with
/ counsel for the state, that as their wit
ness was then suffering, or ore
tending to suffer from an al
legged poisoning of himself, or
/ poisoning by somebody else. that
! the trial might remain indefinite and
without setting until that man could
1 be produced. Learning the middle of
! last week that the man was out and
ABOUT the streets, and being pressed
by my clients for a speedy examina-
tlon OF the case, | not only once, but
twice or thrice called upon the county
attorney and asked that the case be
set, ana he informed me that as soon
as he could see this man and deter
mine he was in shape to testify that
1t would be done. 1 informed him that
the man was attending to business at
the Dolly block, and at other places
ne said to me that if he could not find
I MN he would issue a subpoena for him
and bring him in. That was on Sat
ufday, the last conversation I had with
him, and he said we would either take
UP the case . o'clock Monday or 10
o'clock on Tuesday. With my clients I
was ready at 2 o'clock on Monday. [
came to this court and awaited the ad-
vent OF the county attorney He did
not appear, and your honor said to me
that you did not desire to try this case
4 for the reason that you were under
I suspicion. Of course / am unaware
! whence the suspicion comes unless it
emanates from one Who after selecting
1 the court here to determine this case,
now is interpOsing this motion, stating
that he desires to commence the case
( before some other court of competent
=
a commentary it is upon the execution
of the laws in this county at the pres
ent time, that the county attorney.
who IS supposed to represent the inter-
ests Of the defendants to some extent.
which is a violent presumption of law
in this Instance
Judge Harvey Gnterrupting)-I want
/ to say this. l made it a rule that no.
/ body need file an affidavit for change
/ of venue in this cO11rt in civil oacoc
I just a suggestion would always knock
d case out of this court, and that is one
reason why [ expressed a desire not to
/ hear this case, and why do not want
! to hear it.
AFTER WHITTEMORE.
Judge Powers-I was about to say
/ what a commentary it is upon the exc
cution of the law that the sworn officer
of the state, who, it is the presumption
/ of the law, but a violent presumption,
| submit in this instance, does not de-
/ sire any injustice done to a defendant
any more than to the people, yet now
comes in with this remarkable motion,
manifestly prepared for the purpose of
I advancing his case in the newspapers
! one step further tomorrow morning
stated to your honor that [ would not
consent to any change from this court
! TO any other, and | said to your honor
/ that l desired this case set down. Coun-
sci did not appear that afternoon and
[ served notice upon him, after hav-
ing obtained a setting Of one of the
cases, [ served notice upon him in or
/ der to bring him into court next morn
| ing and induce him to do something in
these cases. He appeared here and
began arguing in connection with the
case that had just resulted in a verdict