The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-13

rived IN the city SfaSDinS an tue-
that he had case which would take
about three days to try, after which
he would HE away to his mountain
home, happy and peaceful, to spend
the holidays.
When he retired to rest last evening
his head was ringing with ex post
facto declarations, trial by jury, ven
Tres. voir dires and several other mat
tiers.
Judge Hart came here to try Joseph
R. Morris for accepting a bride, or
agreeing to accept a bnbe, or making
arrangements TO agree to accept
bride or something of that sort At
any rate the public viii understand
the matter when it is stated this is one
of the numerous county Doodle cases,
arising out of the purchase of the
furniture for the south end of the
city and county building.
Powers, Straup & Lippman and
Leofbourow & Loofbourow represent
the defense, While Waldemar Van Colt
and his assistant, Graham T. Putnam,
are for the prosecution. Ex-county
Attorney Whlttemore is on hand To
give sage counsel and advice to the
states attorneys, when the same is
demanded.
In addition to this, the attorney gen.
eral is on hand also. He is waiting
an opportunity to interject a large,
voluminous brief, containing his views
on trial by jury, into the case. 1t will
be a sort of abbreviated thesis, which
might be entitled Bishop on Summon
ing, Examining and Accepting Juries.'
The attorney general sat all day in
court yesterday and waited for the
opening which never came. He will
return this morning. Perhaps during
the day a chance will present itself.
Judge Powers started out TO make
affections "a trial IF &c q
soon as Judge Hart had taken his seat
upon the bench. When Judge Norren
vacated and Judge Hart took the
vacant seat. the latter instructed the
clerk TO make a notation of the change
on the records Of the court This was
objected to by Judge Powers, who
contended there was no reason shown
for the substitution and the defendant
had no chance to prepare an objection
for the substitution and further there
was no real reason for the disQualifi-
cation Of the original judge. This OBJ
jeetion was overruled, whereupon
Judge Powers noted q large juicy eX-
ception to the proceeding.
Attorney Van Colt informed the
court that it would be necessary to
proceed to trial upon a copy Of the
copy of the original indictment, for the
reason that the copy was lost. Where
upon Judge Powers again objected and
copy of a copy should not be used.
especially in this case, when the docu-
ment was not q matter of record.
= Whittemeres was placed on the stand.
as also Frank Forrest, who was his
stenograDAer at the time, and testi-
fed as to the making of the indict-
sAent, or the copy Of the copy; the
records We're searched and it was
found some one had taken the copy
away, leaving only the copy of the
COPY.
Considerable jinlmying was INDUCED
in, after which the court held that
when an indictment was lost and a
copy substituted, then a copy of the
copy was a copy Of the indictment, as
cOntended by the attorneys for the
state.
Again did Judge Powers note an ex-
cepton.
A CLEAN of relief shot athwart the
lace OF the court, as he thought the
case would then be called for trial
But no; Judge Powers had another
objection to offer to the trial of his
client. It was that the court had no
jurisdiction in the case and Morris
should be dismissed because he had not
been tried at the term of court which
succeeded the Indictment by the grand
jury. Not until the fourth term was he
tried, and the court had lost jurisdic-
ton of the case.
This point was argued for some time
by counsel for both sides and finally
overruled by the court
Judge Powers awaited himself of an
other objection, and if this case finally
goes against him he will have more
errors by the trial court to assign than
usually appear in a baseball score.
But the defense was not through. It
flied a motion for a continuance on
grounds set out in an affidavit filed by
Morris to the effect that William J.
Frey, John r. Doyle, William King and
two other witnesses, whose names are
unknown 10 defendant, are material
witnesses for the defense, and without
whose testimony he could not safely
proceed to trial; that the information
as to the nature of their testimony
did not come to him until it was too
late to secure their attendance at this
=. trial or TO have their DISPOSITIONS taken:
n hat said witnesses are residents of
z Chicago, HIS, and their attendance or
testimony can DC procured at the next
term of court. The evidence which the
defense viii obtain from these witness
- is that they were acquainted with
Martin dayken during his lifetime:
that in the winter of 1896 and 1897. or
in tses early spring of 1897, they held
conversations with him in Chicago
concerning his having been a witness
in the cases which have heretofore been
tried here, concerning the charge OF
bribery agai~ = Morris, or his receiving
a bripe in the sale of furniture by Hay
ken to this county; that in such con-
versations Hayken was asked by one
of the parties how the indictments
against him in this county were com
ing out: in answer thereto, Hayker
said he had made a bargain with the
prosecuting attorney and had gotter
them out Of the way Hayken was Their
asked if he had bribed the attorney
too, and thereupon replied that che
had not bribed the attorney or any one
else in salt Lake City, but had sworI
against one of the county officers.
Hayken was then asked if he hal
sworn he had bribed the officer wher
he had not done so. He said: Yes,
had 10 do it to save myself. l got afraiC
those Mormons would stick me, and
just had to do it to save myself
The court wasn't looking for thi.
kind of showing, evidently, but de
cided to take time in the matter anC
stayed his Judgment until this morn
ing.
Judge Powers did not note an excep
ton to the stay.
Call the jury" said Van Colt.
Now, that was just 4 bluff on VA
Colts part, for he knew there wa
= something else coming and jury coul
not be called,
Il object, if your honor please" sal
Judge Powers. This court has no au
thority to summon a jury for the tria
Of a case. It has no power to summoi
more than eight jurors and the de
PENDANT is entitled to twelve
We will summon twelve" said MI