The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-07
INTIMIDATION WON'T GO
JUDGE M'CARTY DECLINES TO
DISMISS A PROSECUTION.
Prosecutor Was Willing to Let Henry
Hales Go Without Trial, But the
Court Was of Contrary Mind.
1snecial correspondence.l

Junction, Dec. s. = Judge McCarty
stopped over here today on his home
ward journey from Kanab, where he has
been holding a term of court, and held
the preliminary hearing in the case OF
this state VS.. Henry Hales. After an ex-
animation of state and Defendant VII
nesses lasting from 10 a. m. until p. III,
with only an hours intervention, the de-
PENDANT was held and placed unuer bonus
for trial before a jury IN Ihe ustlIo I
court. The defendant is one OF the youHS
men accused of being Implicated IN elS
robbery of James II. Sudweeks, MnlcH CT
occurred here on the night OF the Zznu OF
July last, when two masked men ehtele9 9
his home beat and bruised MIN anu
carried away S24.50 in money. HIS de-
fence was an alibi, but it was not sur
ficiently established during all OF the
night in question TO justify mis- dlschaIge.
His own statements OF his WhereaDout
from near 8 o'clock until 10 OF the nlSnt
in question were not corroborated. as 10
his whereabout the balance of the night
on taking up the case the judge was
confronted with a peculiar state OF al
fairs. AS Will, perhaps. be remembered,
ing before Justice King of kingston.
which. on coming into the district court
was ruled out as being void, King having
acted as justice on appointment TO MI d
vacancy made in 1895, and having con-
tinuea to so act, no justice OF the peace
for that precinct having ever Deen VOleu
for at the succeeding election. a new pre-
liminary examination was ordered ana IL
was commenced on Oct. q last, before
Judge A1cCarty. Owing TO the absence OF
witnesses. q continuance was had TIL TINS
date. This morning a letter was received
by the Judge from Prosecutor Page at
Alatysvale moving to dismiss the case
lowing TO the fact that there has been
an attempt, according to the best in
formation obtainable, to inumidate him
(main witness for the state), and thus
prevent his testimony from being brought
out This did not suit the judge, he
deeming this particular reason as being
more of a. reason for a vigorous .nVeSu-
cation than for a dismissal of the case,
and he proceeded with the hearing with
out the assistance Of the prosecutor, in
terrogating the witnesses himself with
the result as above stated, TO all OIL
which counsel for defendant of course
duly excepted. During the examination
some evidence of the intimidation re-
ferrsd to came out, the main witness be-
ing in attendance. Notwithstanding the
inability of the prosecutor and sheriff to
locate him. The intimidators came in for
a scoring from the court and the aSSur-
ance that if their course continued
grand jury will investigate their cases
and they be dealt with with the full
rigor of the law.
The action of the prosecutor in thus
backing down is generally unfayorrablly
commented upon here today and, to
judge from the tone of the courts re-
marks, may be the cause of citation to
him to appear and show cause, to be
issued out of the district court. Should
this course be taken of course Sheriff
Stocks viii be in the same boat with
Prosecutor Page.