Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-02-11
CONTINUANCE IN
THE BROWN CASE

In the city court this morning Judge
Dleh granted a continuance In the case
against Arthur Brown. A stay of pro-
ceedlngs was asked for by County At
torney Westervet, but was hotly resist
ed by MIR. Browns attorneys, who
stoutly contended for their technical
rights under the statutes, which pro-
vide for the speedy trial Of one who
is charged with adultery. The court,
however, was disposed to think that the
county attorney had valid reason for
wishing a continuance, and II was
therefore granted. The time Of the
hearing Will be fixed just as soon as
MIR. Westeryelt and defendants attor-
neys can agree upon the matter.
Mr.. Brown entered the court room.
accompanied by his attorneys Col. NJ.
NJ. Kaighn, Sam King, A. l.. Barnes
and soren x. Christensen. A few min
utes later Mrs, Brown entered and took
a seat on the opposite side of the room.
A stream Of spectators continued to
pour in. and at the close OF the contro-
versy, the court room was crowded
DAMAGED BY THE FIRE.
When the case was called. Mr..
Westervelt stated to the court that the
state was not prepared TO so ahead
with the case; that the fire in the At
las block had destroyed some Of his
notes and memoranda, pertaining to the
case, which he had In his office there.
Moreover his partner was out Of the
city, leaving to him the sole RESPONSE
bility Of looking after the loss that had
been occasioned by the fire
Colonel Kaighn In brief speech re-
sisting the motion for a continuance,
stated that while ne deplored the loss
Mr. Wosteryelt had suffered by the fire,
he did not feel disposed to allow the
case 70 be continued, and he would
firmly but respectfully insist upon a
hearing.
Judge Diehl replied that he felt he
would not be violating his oath of Of
nee by granting the continuance; that
the case had been pending for two
months and this was the first time
counsel for the defense had urged n
speedy hearing.
Attorney Barnes took issue with the
court IN relation to the length OF time
the case had been pending, affirming
thar he knew nothing Of the complaint
until he heard II read in court a few
days since at which time the Judge
set the date for the hearing at the
present time.
Judge Diehl. however, announced that
continuance would be granted where
upon Attorney Sam King took the
floor and delivered long and heated
harangue in opposition. He declared
there was absolutely no reason for
granting the continuance and he de-
manded the right Of a speedy trial
which his client had under the stat.
utes.
AN "ULTERIoR MOTIVE"
Mr. westervelt, in reply TO Mr.. King,
said that he felt he had given sufficient
reason to Justify a continuance. II
overheard a remark" he added, that
Colonel kaighn made In a stage whls-
per, to the effect that had an Interior
motive in asking for a continuance.
Now when | see the lnslstence of conn
sci for a speedy hearing, when the real
substantial rights and liberties Of their
client are not touched, II suggests 10
my mind there may be an ulterior mo-
tive on the other side"
Mr. King said he was not charging
an "ulteriOr motive" but he Thought
other attorneys in the case had rights
the same as the county attorney. ana
he was there 20 insist upon them.
Judge Diehl broke into Mr.. Kings ar.
gument by stating II you gentlemen
mink you can come into this court and
drive the state 10 trial whether the
state Is prepared or not. you are mis-.
taken. II the defendant were I'm pris.
on II would be a different matter but
he has his liberty and the continuance
win be granted"
Mr. King then asked that the hearing
be set for tomorrow morning al 10
O'Clock, Mr.. Wosteryeit said the same
diiiiculties In his way would sulI ex-
list ana added that he could not see
why the attorneys on the other side
insisted upon driving him to the trial
unprepared.
II was finally agreed that the attor-
neys would meet some time during the
afternoon and settle upon a date for the
hearing, and when an agreement Is
reached, so notify the court
MRS. BRADLEYs. TOO.
The time Of hearing the case Of Mrs.
Bradley Is also indefinite. Mr.. Soren
y. Christensen explained 10 the court
this morning that the date would be
liked as soon as Judge King returns
from Coalville.
SET FOR THE 18TH.
The cases against Arthur Brown and
Mrs Bradley, charged with adultery.
have finally been set for hearing BY
Judge Dlehl. The three cases against
the ex-senator viii be heard on the
18th The cases against Mrs. Bradley
were set for the 23rd.
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