Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-12-14
GEN. CANNON'S REPORT.
Gov. Wells Receives Official Acc
count of the Elder Case.

count OF the Elder Case.
The long awaited report from Brig
Gen. John q. Cannon TO Coy. II, Al.
Wells anent the Elder case was received
by the executive on Saturday evening.
1t Is reproduced In full;
National Guard of Utah, Headquarters
First Brigade, -Scoheld, Utah, Dec,
II, 1903
Honorable Heber M Wells, Governor
and COMMUNICATIVE Chief, Salt Lake
city, Utah.--Slr. | have the honor to
make report Of my investigation of the
complaint made to you by telegraph by
Attorney a. b. Elder, as to his treat
ment here upon being arrested and sub
sequent thereto, at the hands of depu-
ties and company guards on Wednesday
afternoon last dec. 81.
on the trip from SAT- Lake 20 this
point | had an opportunity to converse
with his attorneys, Hon w II, King
and Alexander Fower (Mr Elders
partne), and intimated to them my de-
sire to have an interview with him as
early as possible We were late in
reaching scoheld, and learned that his
hearing was 10 take place within short
time, before the Justice Of the peace for
Winter Quarters district, Mr.. Kirken-
dahl. | was present during portion
W wv fibNNNNiiAhN - NlliNli lNpblNfb III a
change of venue being taken to the
Justices court at Scoheld precinct and
where the pond was liked In the sum OF
$500 for defendants appearance this
morning,
Prior to the hearing this morning |
had lengthy Interview with Mr, Elder
and his attorneys and some newspaper
reporters. lie stated that he was sub.
jected to rough handling at the ,ime Of
his arrest, though not brutally treated
or in any way injured; and that he was
given but scant opportunity TO examine
the warrant; that he was FASTENED to
jail and denied the privilege OF inter-
course with reporters or friends. and
that when subsequently taken before
the justice he was required 90 give am
altogether eXorbitant bond in order o
secure his release from confinement.
He declares that, with two others. he
was confined in a cell where there were
hunks for but two; that armed guards
were in an adjoining part of the jail;
but that SO far as warmth and food
We're concerned he had no complaint
to make.
Deputy Sheriff Dowse, DOC" Shores
and others were afterwards seen by
me; the former made the arrest and
Shores witnessed II. Dowse said he
NulllIlltu III lillS case Win tNtIH usual
formalty in making arrests under a
warrant, that he exhibited the same 10
Mr.. Elder, and only used force ut all
when the latter attempted resistance;
that this resistance went to the extent
Of calling the deputy sheriffs vile
names, kicking and struggling, and by
general behavior indicating an inte-
| ton OF rallylng friends TO his support !;
| that he was gwen the opportunity OF
| sending messages by telegraph or 9TH
| erwise, and that the presence of guards
In the jail was for the purpose of pre-
| serving the structure and its inmates
| from injury particularly from fire,
which was easily possible unless the
building was continually watched.
The justice Of the peace before whom
| Mr. Elder was FIRST brought two or
| three hours after his arrest, declares
that he fixed the amount Of the bond
| t$2 0O0) with no notion of either favor
| itism or prejudice, but in conformity
with what he considered the gravity Of
| the offense.
| have further talked with members
| of this command who witnessed the
| arrest and with citizens who were pes
! ent at the time. The result OF my
! Investigations leads me TO the opinion
| that whatever may have been the mer-
| its of Mr.. Elders case, his own actions
| provoked whatsoever force was used
and this according 20 his own admis-
| sion, amounted To nothing more than
| taking him by the collar and pushing
| him along; that his confinement In Jail
| was the plain duty of the deputy sher-
| If irasmuch as the bond was not fur
| nished; that his treatment In the jail
was as considerate az the facilities OF
| the place afforded; and that his subse-
quent release on bonds was effected
| without difficulty when his counsel re-
| sorted 30 the usual methods In such
| cases.
| His attorneys stated TO me that they
| considered his treatment outrageous IN
| view of the fact that he was member
| of the profession, a resident of the
| state, and in this county IN the inter-
| est of his clients; that a nominal bond,
or his own recogni2ance should nave
been sufficient TO have procured his re-
lease in the outset.
| | cannot feel entirely 10 indorse this
| view. The amount Of bond required
may have been eXcessve-I offer no
| opinion on that--but I cannot close my
| owes TO the fact that unusual conditions
| exist here at this time and that per-
| haps unusual procedure must be adopt
| ed though ! am far from intimating
that illegal methods should or have
| been adopted.
Statements were made to me by Mr.,
| Elder and his attorneys which | deem
extravagant and entirely unwarranted
| and vet | am pleased 10 say that the
parties named in further conversation
| expressed their desire to do all In their
power to bring about speedy and
peaoeable settlement OF the present
| difficulties.
am of the opinion, in conclusion
that the whole incident has been ride
ulously magnined by Mr. Elder himself
in the interest of his own notoriety
and by the war correspondents who
I'm the absence Of anything az all eX'
| citing in campaign so entirely un-
eventful and peaceable as this, selzc
upon the merest preteXt around which
TO weave q story The episode would
not have warranted more than an Inch
of space in the ordinary newspaper
column If occurring under normal con-
dtions. Very respectfully, your obedi'
ent servant, .