Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-01-27
MAYOR WIN. GLASMANN FINED.
Ogden Court Says Clys Executive is Guilty and Imposes
Penalty OF Ten DClars--Takes an Appeal.

the pest house, the counsel for the
defense conceded that he should have
thoroughly dislnfected himself ana the
main reliance for acquittal was based
on the contention that he dld so
What are the facts2 After having
examined the patient IN the pest house
and talking with the nurse being eX'
posed TO the foul air of the rooms so
that he was infected, II any germs were
there The mayor testified that he went
Gifect to the Standard Office I'm the bug.
gy with Sanitary Inspector Powers, lie
II contradicted In this most material
point by two witnesses for the prosecu-
ton Mr. aud Mrs. GrOome, who said
that he went over TO their house i'm
mediately after leaving tho pest house
and still wearing the same clothes he
bad on nj the visit and had pro-
longed conversation with them, They
are cowoborated by Nh Powers tes-
timony q witness called by the defense
And the conclusion IL irresistible that
the mayors memory failed HIM There
n a difference among the witnesses as
20 whether or not Mr. Glammann shook
hands with the Groomes, the latter
TOO, testlfying that he dld aud the for
mer, Mrs, Powers, that he did not 1T
IS not material because he came close
enough 10 them TO communicate any
germs he may have had about his body.
These people have never had the small
poX, We're susceptible TO H. and the fact
th0t they lived not great distance
lrNm the pest house and are Of humble
station m life does not deprive them OF
The protection of the laws. II Is no
excuse for the mayor exposing them
a. dread disease--especlall since
from his own testimony It appears that
b had read The law and must have
Z Known, had he stopped to consider that
10 was violating II as to them.
Mr. Powers who showed n disposi-
ton on the stand to shield the mayor
aH far as possible consistent with the
trutu, yet testified that he let the
mayor out Of his buggy at The corner
vi 'lWrnty.nfth street and Washington
,iNCnue on lhci return from the pest
hptse, 80 that the defcndaQt must have
aenh bt,n mistaken when he said that
he went direct 20 the Standard Office.
lie must have walked there along one
81 tic most thickly frequented streets
o: the d,y and mingled with quite a
few people before he could change his
clothes cr disnlect them
Arriving at the Standard office he
changed his clothes and dlsinfected
them His testimony as TO how he did
this Is somewhat indefinite The means
used IN preparing the mixture was
hardy scientific. But II IL were ma
le,ial. the court would, AZ Il Is bound
to 90 in a criminal action, resolved ev-
cry doubt IN favor OF the defendant
aud fnd that the dislnfectlon was thor
ough But II Is not material because
his statements that he changed his
clothes remains unchallenged, even by
The prosecution, and under the statutes
thar rs sufficient. The defense overdid
&c proofs when Il attempted to show
nnkh shat an tie testimony ot the doe
~ sfRs 10 Whetngr or not carholic acid
IS q proper d.1mfectant Is unnecessary.
Counsel Cor the defense stated IN the
nrguinent tha, 1t was lmmaterial IA
his view Of The case, whether or not the
persons detained az the pesthouse was
SUFFERING from smallpox or not.
He relied wholly on the fact that the
defendant changed his clothes and dis
Indicted himself before miuglng with
others. lnasnuch as the court Is first
TO disagree with him on this point it
becomes necessary TO decide whether or
not the patient had smallpox. The
Judge examined the evidence on this
point and found that he had the
smallpox II will thus be seen that The
two material facts necessary have been
proven By the prosecution beyond the
peradventre OF a doubt that the de-
PENDANT did expose himself TO a conta-
glous disease and that he mingled with
others In the clothing worn by him
while 20 exposed, and before the same
had been thoroughly dlsinfected. But
while there has certainly been a tech
meal violation Of the law on the part
of the defendant, the consequences Of
this yialoton have not been very seri-
Gus. Only two persons were violently
exposed, the others were met 10y the
mayor after a ride of TWO miles, which
two doctors testified was In Itself a
good dIslnfestant. In view Of this fact
and OF the further fact that there was
no wilful violation of the law the court
will act upon the suggestion Of com
sci for the prosecution and Impose only
nominal fine. The court then being
fully advised in the premises finds the
defendant guilty as charged
Wherefore, Il Is ordered and adjudged
that said defendant pay a fine OF SlO,
fslgned.) j. A. HOWELL,
Judge OF Ogden Municipal Court