The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-03-31
Harring ton and Gunter Sass
Each Other
HARSH WORDS ARE USED
TILT AS TO THEIR LEGAL
ABILITY.
Each Processes to Know More Law
Than the Other, and a War of
Words observation-disclosures of the
Trial Of Harry j. Roberts For
Assault.


Dan Harrington, late candidate for
the Republican nomination for con-
gress, and Assistant County Attorney
Gunter almost came to blows before
Justice McMaster yesterday afternoon.
Had 1t not been for the peaceful dispo-
sition of the court there might have
been trouble.
These two gentlemen were conduct
ing opposite sides of the case of the
state VS.. Harry j. Roberts, the man
who is charged with having tried to
smash the skull of Nicholas Schmitt-
roth with a rock. 1t was quite a Sc
markable case in some respects, for
four witnesses fatty cOntradicted four
others, and some one is believed to be
committing the rankest kind of perjury
or is greatly mistaken.
1t Will be remembered that 2rts,
who is declared to be in char the
Gold Dollar prospect in the Tot
tonwood district, had an ion
with Schmittroth, and Il tier
claimed, as a result of il, that skull
was cracked. However, though e was
seriously hurt, he managed to leave the
hospital yesterday so that ne could
testify at the preliminary examination.
The state put on the witness stand
Schmlttroth, his son and daughter, and
Henry Langenhagen, who were with
him when the trouble occurred. Each
one of them said that Roberts had come
up wildly and struck the man in the
back of the head with a rock. holding
it in his hand. and that he had done
this without cause.
Roberts. E. 2. Mower, J. w Clayton
and boy who saw the affair from a
distance Of about fifty feet. said he had
no rock, and that Schmittroth had
reached threateningly for his baclS
pocket as if hunting for a gun before
he was struck. They said Roberts used
his open hand or his fist.
When Mr.. Gunter attacked Roberts
on examination and asked him
If he had ever been arrested for murder,
Mr. Harrington became excited. He
maintained that this was an attack
upon the defendants reputation when
it was not yet in evidence. Mr.. Rar-
ringtOn, who is an orator, grew for
ensic in his frenzy.
Tilt BETWEEN Lawyers.
eff I didn't know more law than YOU.
Harrington. would quit practlcing,' -
said Mr.. Gunter
We'll, you ought to read up ex-
claimed that attorney.
I understand the court rules that I
may ask the question" said Mr. sun
ter.
Yes" said Justice McMaster.
81 bet you SO you can't ask such a
question" exclaimed the attorney for
the defense.
I'll bet you suit of Clothes" said
Mr.. Gunter.
Come down to my office and I'll show
you some law books cried out Mr..
Harrington.
The gentlemen will proceed with the
case" said the court, and they grad
ually cooled off.
Roberts admitted that ne had quite a
record, but he maintained that Schmitt-
roth had tried to pull gun and he had
simply knocked him down with his fist
The court concluded that the wit
nesses for the state, having better CD
portunities to see whether or not Rob
erts had a stone in his hand, which
would make the case assault with a
/ deadly weapon. held the defendant to
appear before the district court in the
same bond, $3.50, on which he was orig
inally held.