Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-12-09
MONKS TROUBLESAGAIN |
THIS TIME OFFENSE IS A MlsDEMEANOR,
Gu Appeal from n Justices Court
Trouble Over the Right of Way in
m Aiiey-Court Cuttings.

The troubles Of James 7. Monk, the
examining recorder for the Big Cotton-
wood district, are not yet all over. 1t
was believed that when he obeyed the
writ of mandate, by turning over his
records to County Recorder Jensen.
that the matter would end there, but
such seems not to be the case,
for today he is on trial be-
fore Judge Norrel and jury
for misdemeanor, in that he failed to
deliver up the records, in his possess
sion, in accordance with the law gov
erning such matters. After the dis
position OF the present case, Mr.. Monk
will be confronted with another
charge. that of felony, 1t be-
ing alleged that he concealed
public property. The present
case, however, is on appeal from u
lower court.
The history of the case is an inter-
esting one and dates back TO last June.
when County Recorder Jensen, for the
purpose of obtaining possession of the
mining records of the Big Cottonwood
district, lodged a complaint In Justice
of the Peace McMaster's court, charg-
ing Monk with having failed to COM
guilty and fined $50 and costs, from
which judgment he appealed. The
present case ia the one ON appeal.
Monk still failed to deliver up the
records and some time later Mr.. Jen-
sen lodged a similar complaint against
him In the Justices court from which
d change of venue was taken to JUS
tice Margetts' court. The latter held
the law unconstitutional and dismissed
the case. County Attorney Van Colt
took the position that Monk was liable
TO prosecution each day after the law
went into effect, If he failed to comply
with it.
Subsequent to this another com
plant was filed, on u similar charge
for failure at such subsequent time to
comply with the law. This was In the
police court, where he was convicted
Mr.. Jensen then went before Judge
Cherry and obtained writ or
mandate. The court gave Mr.. Monk
FIVE days to turn over the books. He
ignored the courts order, however, and
was adjudged to be in contempt, ana
ordered sent to the county jail where
he remained for about three months.
Monk then filed an affidavit for writ
of habeas corpus which was denied by
Judge Cherry and from this decision
he appealed to the supreme court,
which later held the law to be consti-
tutional. Then Mr.. Jensen came into
possession of the records.
While in Jail Mr. Monk and Sheriit
Lewis had some difficulty In conse-
auence of which the prisoner was put
on low diet. II seems that Monk had
refused to comply with one OF the
prison rules which required prisoners
to attend church on Sunday, hence the
punishment. Monk then filed a $2o,-
900 damage suit against Sheriff Lewis
and his bondsmen, alleging cruelty on
the part of the jailor.
Before the empanelling of n jury was
proceeded with today, Attorney j.. A.
Williams who appeared in behalf OF
the defendant, demurred to the COM
plant on the ground that 1t did not
contain facts sufficient to constitute
n cause of action. County Attorney
Van Colt argued that it did, and was
sustained by the court.
Only two witnesses were called, Re-
corder Jensen and Deputy Clerk c. b.
Felt, Mr.. Jensen named the records
received from Monk. since the courts
order In October. while Mr.. Felt identi-
fed the defendants handwriting in his
answer to the application for a writ
OF mandate. In Monks answer it was
stated that he did not know where the
records We're.
The defendant was being cross-ex.
amined by County Attorney Van Cot
this afternoon.