Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-04-27


the di'', nc, # otI having outraged eleven VEN
ar' ,ha s.I q Knox, the second will, Il,
y'ar'oId. y H ,oue. His bail was fixed at
.a'n a o,c,I rnS both charges, ...oo..o
ae@ Gown, ,o,'rC Of this mornings proceed . /.
The i'4'. startling accusation maze
ns' wa e . against the attorneys
BY Ia's' .,,.esrtion. The charge was
for 70, -. y sensational and for a mo
sonleSD'' .,.rod to provoke a lively war
men uu ,s se,geen Judge Powers ana
Of NO'u' roofbourow. 1t came whl'e
arguing i0T Wv
cas- nonrow asked the court 70
Ny l@ Sognt Al Just double that nAeu
BY NE oOD lourt knows, this Is a serious Jus
:" sall Mr. LoofbouroW, .oS S"' The
e.s' mat the bail be incr ,,5 ~ show ~
s M ,'t has been compelled, W., 20 s ,n y
pfess..'NT The defense has not we aon
/ Us case tbis man could not nave
know , ,nI' before this. Now that we
gwen pa, case against him the
tasmptatIon TO skip ol' anu anu 'U ~ he in
| greater, and we ask 'ha' " "
creased ,,.Sss Powers jumped to his feet ana a
JuasS .a 10 afraign the prosecutor
ploC ,.',,s,,stine Interior motives W.
s la.y 80 would have done so long ago,
@psil Il for the purpose Oh SUI ar, ,,.e
4 -. o,,endance OF tae accused IN cour T.
'ne , or,y az / have practiced at me oar
AS 'v"s r @ had A client jump his BONDS
~, ny, ,boggbt one would should be 'he
A., w inform the officers OF IT,
Then turning to Mr., Looiuo ~ ov
rvase Powers shook his finger anu ,. rN
SuIa in his most severe tones Ine
y.osScStion has suppressed testimony
u THAT IT'a isl Is not true" said Mr. Loot
borrow holly ,.,o. povers
A. this point Judge Timmony salo
mat he aid not believe in being unrea
sonsble IN the matter Of ball ana audc
"a. iThe court feels now that So'VVv
In ono case and $4,000 in the other Is
enough--sS 900 should be sufficient ana
II viii be fixed at that amount
THE ARGUMENTS.
Ma evidence WAS offered by the de-
fense when the case came up at lO'SO
thjs morning. The defendant was
brought In court by Deputy Sheriff
Cummings and later his brother came
IN and the two engaged in earnest con-
yersation for several minutes, Hubbard
looked considerably worried and Is said
TO have passed a sleepless night.
As soon as Judge Powers put in an
appearance Assistant County Attorney
Loofbourow arose and simply said that
In the judgment Of the prosecution the
defendant should be held 70 answer 10
both charges.
Judge Powers said IF the court
pleases ! am not going to make any eX-
tended argument at this time. | desire
10 direct attention to some facts and
evidence In reference 10 the first case
4 would not be fair to the court II | in
/ sisted that there was not probable
cause to hold the defendant IN the sec
ond case There has been no evidence
on The part Of the defense; II has all
been on the part Of the prosecution.
The defendant stands here" he con
n tInuN presumed 10 be innocent. That
r presumption stands always as wit
ness h bis behalf Before q Jury the
prosecution ls required 10 prove beyond
q doubt the guilt Of the accused, but
before q magistrate they have 20 show
S probable cause, sufficient to overcome
ne PRESUMPTION Of innocence.
IH Now taking the prosecution In rs
,g sfongeS hsht and II only shows an
attempted rape The court can not as.
sVine that certain facts exist which
nave not been proved"
Judge Powers then went on % say
,hat Il had not been shown that rape
laa actually been committed. He said
uAl here was no evidence TO show
even Probable cause. Referring TO DR.
hlhe, counsel said; "The prosecution
ias reused 10 put him on the stand
hld / nod that against them"
Oalllng attention to the testimony OF
we ll'ue girl Judge Powers said, that
sne testiiied that they We're on the east
s,ue o. The bed while Mrs. Lawler said
IVY Were on the other side. The child
herseH did not say that an actual az
Sult had been made. This is
y case where Il is easy 10
MAKE charge and hard "a
prove innocence. The mere fact Of q
SShnse being made will create preju.
Siee, and the defendant is under tina,
u.sauVantage Now ! submit that a
charge" ''N' y" VIC Ut o.
PROSECUTION REPLIES.
Nr Lootbourow said that all the evi
IN sn,e showed that an assault had beer
,ta Ne referred to the testimony OF
S &c. cnlld with reference TO crying out
1 agiLs'. s.op. ana said that in that Mrs
,Ss, V,sl eoTroborated her testimony. The
,rsSS,nohy Of the officers stands uncon.
s,rn ,,ssu, and the defense as TO IN,
ts,t,ssle ior the bracelet was mere sub.
bsS $50 p as 70 Dr. King. the state had
a.. u no examination made and the evi.
InSce " ~ King was not In court.
a ,sst I9Wers said he desired To say
NOM " Sv ,us N relation to the testi.
ne 49,. y, Iis Lawler, mo fury" SAID
n'o,, "yuil ever convict on The testi.
rl,rs,, W AIRS, Lawler. The natural in.
thar n '' " women is, when they know
scream YIN, s Is being perpetrated. I,
Was ba,, one knew that little chile
.crsoS ems assaulted, vet she did moi
eonsn VI can for assistance. When 4
ng "a VIII admit that she was VIII
,esr, W aloW crime TO be committed =,
,or,oboro' ,,.'e her testimony is mo-
1orate sn,.s at all. 1t does not zorro.
hoounsel Tor the STATE s,,,.,, -.
light. "'e' testimony was al
, Seuse Tlmmony then reviewed a.,
lnoX "a VI mrs, Lawler ana Heller
le slns,,, ,a sald that It ala seem a m,
aw,er StI 20 say the least that Mrs
,lsns,t.u iu not cry out. Rut ber ev
,ould hooi 1t was that nothing NOR,
,orou nave been done than was eireo Vi
;iying AM . '.sl was her reason FOR no
he deserSl.' appreciates the fact tina
,rine s ,,'gI \. Is charged with a seriou,
widen 1 l, u means much 10 him IN,
,yst !. ought 10 be clear 10 hlna Kin
=, 70 The district court ''' "'''
;.snt tes, tl,s 70 me that there is SUN
''n0hy here to show that III,