Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-12-03
MISS HEWETT
HELD FOR TRIAL
Three Defendants in Badger Case
Must Appear in District Court
ARGUMENTS BEFORE DIEHL
Attorneys for Defense Make Vehement
Plea Tor Non-snit, but Their
Motion Overruled,

The hearing OF the badger" case
was continued in Judge Diehl's court
this morning ut 10 o'clock, and prgu-
ments for motion Of the defense for
non-suit were concluded by both sides
Judge Delhi delued the motion, which
places the accused on their defense, Ma
evidence was offered by the defense,
After the close Of the News report
Of the hearing oil Miss Rosalin s. Hew-
EFT, l. H. Perry and William l.indstrom
on the charge Of criminal conspiracy"
IN Judge Diehl's court Yesterday after
noon, Officer William Hilton was placed
on the stand by the prosecution and re-
lated the circumstances Of his going to
the Daft block on the night Of Noyem-
Der 2Sth when he heard the loud Yell,
of Flnegan. He snid he arrested the
three defendants and took them to the
police station he further stated that
when he entered he young woman's
room, Finegan SAID one Of the men had
an order which they had compelled him
10 write, Witness searched for The
order but II could not be found, and
no gun was discovered In the room,
The state then closed IT'S case and
Attorney u. 8. Truman at once arose
and made motion thai the case be
dismissed on the ground that the pros
ecutlon had failed to make case.
In indignant and strong terms. At
torney Truman scored the complaining
witness hfnegan, characterl2ing him as
"hend in human form, and said that
"Mephlstophcles was a savior compared
with this man."
Counsel then discussed points OF law
bearing on the case and contanded that
even II one OF the defendants ard say
to Flnegan pYou could not afford TO
have this get into print for $500, no
crime had been committed by the de-
PENDANTS, and II did, not indicate any
conspiracy whatever He said, how
evr, that lrlnegan did commit crime
IN going to the young woman's room
for an unlawful purpose Attorney
Truman did not close his arguments
until nearly dark and an adjournment
was taken until this morning at 10
o'clock.
q FfNEGAN is ROASTED.
AT that hour, Attorney McGurrlh,
counsel for Miss Hewett launched
forth Into an exhaustive argument on
lines laid down by M Triumph He
also paid his respects 20 Finegan ana
said II was Finegan from beginning 10
end That Flnegan made the date,
that he went to Miss lIewett's room
for the purpose Of accomplishing a vile
deed, that when he was discovered he
was the first to offer to make set .
Element by paying the defendants the
sum OF $780, Mr. MoGurrln commended
that when Perry came from behind the
bed and said: This will look fine Ia
print" II simply disclosed the fact or
Finegan's intentions TO commit a
crime. Mr.. McGurrn then cited num-
erous points Of law tending to show
that there was no conspiracy in the
case at bar
THE GIRL is SCORED.
Assistant County Attorney Loot.
borrow then replied to counsels ar
gument and after reading law said:
Nov, then II there were no conspir-
acy, why did this woman make an en-
gagement with Flnegan an appear so
anxious about It? Why was she So
careful to have Lindstrom upstairs to
hear all that was said and how can
Perry explain why he was behind the
bed?A
This innocent young woman, who Is
being so dreadfully imposed upon, mere
~ had these men there for her proteC-
ton. Yes, she sat on Flnegan's lap
for that purpose; she had Perry behind
the bed for that purpose; she had
Lindstrom upstairs for that purpose.
This innocent young woman con-
tlnued Mr.. Loofbourow received Fin
cyan she hung up his coat she sat
on his lap; she seemed to know all
about such matters they were talking
about
At this point Mr. McGurrin broke In
with:
Oh" / object to counsel displaying
his bitterness against this young wo-
man In this way He ought to show
the dignity prosecuting attorney
ought TO have instead OF showing the
bitterness and hate his Office seems
to have against this young woman
Mr. Looibourow continued with his
argument and discussed at some length
the cases cited by the defense.
He concluded by saying that every
act committed In the room from nine
o'clock that night until the time Of the
arrest, clearly indicated conspiracy.
The woman. he said. was after a thou
sand dollars. II II was all done for
her protection, then why was the or
der written, why did they want the
bank book?
That could not protect her" said
Mr.. LoufbourOw, "and we resist the
motion made by the defense"
Attorney Truman replied 10 Mr.
Loofbourows argument and said that
II there were q conspiracy-which he
denied-it was not punishable conspir-
acy according 10 the law. II the de-
PENDANTS accused Finegnn. or threat
ened to accuse him " something that
is true, they violated no law,
Judge Diehl said he had carefully lis
tened to the arguments OF counsel for
both sides on the motion for non suit.
and was not satisfied after hearing the
evidence adducod by the State that
the motion ought TO maintain
TT seems TO me, he said. that
there Is sufficient evidence to put the
defendants upon their defense An
the circumstances must be taken into
consideration and the motion for non
suit WY be denied"
Mr.. ncGurrln said he had no evil
dence TO offer az this time and the de-
PENDANTS were held to answer to the
district court.
Perry and Llndstrcm We're taken
back to the county jail hut Miss Hew-
EFT was released as her bond is con-
tinuing one.
The case viii now be finally settled
In the district court
Although the offense is a INSIDE
nnpannr a Is ntinfsha hlo bv ono ,,.a..,