The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-06-18
ATTORNEY SOhNER
ATTACKS POLICE
Insinuates That the COppers
Are UntruthfuI.
CALLED DOWN By COURT
SENSATIONAL INCIDENT IN A
CRIMINAL CASE


For insinuating yesterday in the
criminal court that the officers Of the
Salt Lake police department would
swear to anything conveniently far
from the truth Justice Morris Sommer
was given q severe reprimand by Judge
Stewart. He appeared before the bar
as counsel for Barney MadseR. whose !
trial on appeal from the police court on
a charge of using profane and abusive
language had been set for yesterday.
Attorney SOmmer offered a notisH
for continuance OF the trial on ac-a
count OF the illness of one of defend
aot'S witnesses. City Attorney Ste
phenS remarked that the defense should
present the certificate OF q reputable
physician as to the witness illness to
show good cause for asking a cOntinU-
ance of the trial, but the city prOsecu-
tor would probably, he said, offer no
objection to the motion if Attorney
Sommer would indicate the nature of
the testimony which the alleged sick
witness would give.
I But Justice Somnler preferred to tell
his reasons for asking the continuance
under oath, and at. his request Clerk
Hines swOre him Then Somuer went
on the witness stand and told from his
( own knowledge that the witness, upon
whom the defendant relied for an ae-
I quittal, is too i'll to attend court for
| another week, probably.
/ Any cross examination" asked At
/ torney Sonnaer Of the city attorney.
NO" replied Attorney Stephens,
/ but perhaps if counsel for defense will
/ indicate whatSwilI be the nature of this
! sick witness testimony the prosecution
viii not offer objection to a cOntinu-
/ ance-"
! Judge SOmmer then gave a summary
of the testimony he expected the alb
/ sent witness TO give. chief OF which was
! that she was in q position to hear at
/ Aadsen- had said, constituting the al
/ legged offense, and that it was impossi-
/ BILE for the police officers to have heard
/ what Madsen did say.
Then waxing emphatic. Attorney
I Sommer said this witness will swear
] that everything the police officers tes-
/ tify to is untrue. We can't nix up atfl-
( dayits like the policemen can, but we
4 propose to show
n Attorney Sommer got no further. An
4 objection was rinterpOsed by City At
J torney stephens to any more such
statements, which he deemed Unnerited
and highly unbecomipg counsel onsthe
opposing side. ."Ifs tho case is to go ITO
trial with Mr.. Somner appearing for
! the defense, shall object to trying it
with him in the case, added the cTty
I attorney.
But 1 intendstO snow upgtpis Police
Fdepartn1ents' ~ I'etOrted. Sonmler.
Then Judge SteNa art took a hand and
1 told AIadsen's5 attor1eN that he must
4 falTleTn per ne was appearing ~ 2 coul Z
Of justice. Where nothing must be said
before q trial about the character of
the witnesses on the opposite side Az
ter warning the OFFENDING attorney that
ne must refrain from sucf statements
I as he had made when not offering tes-
Il tfnIony or making argument, the court
fordered that the question of granting
La Geontinuance of the trial go over until
Efhfs morning 50 Is to give the defense
Opportunity to produce a physician 5
tcertificate of the absent witness physi-
cal inability to attend court.