The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-01-13
WHY He JOLTEO" PAPA"
Frank McGurrin Explains His
PrOYOcatiOn.
COURT CALLS II A DRAW
BOTH SIDES HEARD AND Nc
GURRIN DISCHARGED.

Charges and counter charges flew
thick and fast in the police court yes
terday in the trial of the case against
Frank McGurrin, the well known in
vestment banker, who was charged
with assaulting Charles Smith, jr-,
otherwise known as Papa" Smith, who
was until last Monday a deputy in the
office of the county clerk.
Smiths aIlega lions that he had been
bully-ragged" by McGurrin, that the
latter had been overbearinG and had
forced the fight. We're met by Nc
Gurriu with the counter charges that
he had been held by one clerk while
another smashed him in the head with
a wooden book rest. had been chased
with an iron paper weight called vile
names and that some of the county
clerks employees were habitually in
sulting. The temperature rose so
rapidly under the not fire that the
thermometer threatened to jump its
job. When the legal battle was over
the judge decided that the complainant
was about as guilty as the defendant,
and dismissed the case.
The case was called at p. m. the
defendant being represented by his
brother. Ed McGurrin. and Ray Van
COtt, while the prosecution was looked
the complainant, took the stand and
said that he invited the defendant to
look at the records over which the
trouble occurred. but declared that the
latter became abusive to him, bully
ragged him, and forced the fight by
hitting him twice in the face. He ad-
nJtted that he struck McGurrin with
the book rest. saying he thought the
latter was after him, but denied that
he was behind the defendant when he
struck. He admitted also that he pick
ed Up an iron paper weight. but said
he didn't know why he did it end never
tried TO throw it at the defendant. The
witness said that there had been no
pTOfane language used, but that Nc
Gurrin had been very ungentlemanly to
him and had treated him like a
puppy.
Four other clerks testified practically
to the same as Smith
McGurrin's Testimony.
McGurrin declared that Smith re-
fused to lot him see the records. claim
ing that they were private and showing
them into a drawer. He said that
when he denied Smiths charge Of
'bully-ragging" the latter said he
would show him and squared off as if
to fight. This, the witness said, caused
him to strike twice He declared that
G. NJ. Evans pulled him off and held
him, that Smith struck him from be
hind with the book rest and picking
up the broken piece made for him
again Smith also picked up an iron
paper weight and followed him to the
door of the vault, declaring that he
would kill the ---" He also said
that Smith met him at the wash room
and said with an oath. Il can lick you
any day in the week.
Smith denied that he had used any
prOfane language and that he had
made any such threats
An argument of the case followed, in
which Attorney McGUTrin said that it
was a well known fact among the pro
fession that for some time past a per-
son was lucky who went to the clerk S
Office for information and was not in
suited by certain of the clerks there.
An objection from Diehl stopped
further statements along this line.
After hearing the testimony, the
court decided that the defendant had
some pTovocation and discharged him.