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

The case against George Silks, Roe
Frazer and c. J. Geary. for bribing
Marshall Adams, the complaining wit
ness in the proceedings against H. A
Fyler and Mrs. r. A. McKone for
adultery, according to the arrange
ment was called in Justice Harvey's
court at 10 o'clock yesterday morning.
and the defendants We're found not
guilty.
The adultery charge was then taken
up, but Adams was not forthcoming.
and the case against both Fyler and
Mrs. McKone was dismissed
In both cases County Attorney Whit
temore appeared for the prosecution
and Judge Powers for the defendants
BRIBERY CASES.
Judge Harvey called the bribery
case and asked Mr.. Whittemore if he
was ready to proceed
Mr. Whittemore--I have not been
able to serve our witness with a sub
poena- 1 am willing to do one OF two
things; either to proceed with the
hearing inasmuch as [ understood
from Judge Powers yesterday that he
desired to introduce some testimony,
or [ am willing that the case be dis
missed. OF course we have the right.
and if we in the future feel justified
from the evidence obtained that we
are entitled to another complaint We
can file it.
Judge Harvey-That is something I
do not know anything about. l am not
informed as to that
Ind oa IOOrvpTc-NIn TOCj+fOT1 fqlyp
your honor, is that the prosecution
cannot dismiss a case of this kind;
that it must be determined When the
defendants appear for trial. You can
not dismiss and commence over again.
Judge Harvey do not think it
right myself.
Judge Powers-I shall insist upon a
Judgment Of mot guilty in the case.
Il is not right, and it is not the law.
10 dismiss it this way.
Judge Harvey-As l understand it,
there might be matter of costs in
this case to be determined; the COM
plant was sworn to by Mr.. Paul.
Judge Powers-Well, that [ do not
know anything about.
Judge Harvey do not know any
thing about il either, but [ have not
had any criminal business yet and /
want to get started right.
Judge Powers-The costs will either
be assessed against the people or
against Mr.. Paul.
Mr.. Whittemore-I don't know about
that. We Will go on with this case
with the understanding that our
friends on the other side introduce teS-
timony.
Judge Harvey will not let any de-
Tense be introduced here until there is
something shown
11rOI1I5 1ilye first m
introduce certain records while we are
waiting for Mr.. Adams.
Judge Powers-Perhaps if this is
some formal matter about the records
we can agree on it.
Mr.. Whittemore-I want to introduce
the proceedings before Judge Som
mers, showing that there was case
pending there and Adams was sub
poened on Monday; that he did not APP
pear and attachment was issued for
him, and that he was found in the city
of Ogden and brought in on attach
ment.
Judge Powers-We will admit all
that; those are the facts
Mr.. WhittemCre then left the room.
Judge Harvey-What are you going
to do in this case?
Judge Powers-We are ready. This
is a rnisdemeanor, the case has been
called, and we are ready to proceed.
Judge Harvey-Mr. Whittemore
wants five minutes, [ told him l would
wait five minutes, but ] viii not wait
any longer Judge Harvey-This is a
misdemeanOr. is it?
Mr. Whittemore-Yes. ! do not think
there is any use waiting any longer.
Judge Powers-We ask for judg-
ment of not guilty.
Mr.. Whittemore-I move on the part
Of the prosecution for a dismissal Of
the case.
Judge Powers-We are ready for trial
and ask for judgment of not guilty,
I'VE have been ready for some days.
Mr.. Whittemore-I viii state to the
court that 1 have been unable to sub
poena the witness necessary for the
determination Of this case; have used
every effort to get him, the sheriff has
been out for him ever since yesterday
morning at 10 o'clock. It is impossible
for the state to make out its case with
out that evidence so we do not care
TO go into any hearing of the case at
all and ask for a dismissal.
Judge POWerS-If your honor please
il stands exactly in the position as if
the prosecution had gone into their
testimony and made no case The
case is called for trial. the defense an
swers that il is ready for trial, the
prosecution have nothing to produce,
or they produce nothing to sustain the
accusation, the defense if necessary is
ready to introduce witnesses in its be-
half. although under our law we are
not called upon to do so. and we are
entitled to q Judgment of mot guilty"
and we demand that Judgment
Judge Harvey-That is the DISPOSE
ton I will make of it. These parties
were arrested twelve days ago and
were locked up at night, or kept in
jail. 1 have no sympathy with guilty