The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-09-18

lhdt is what 7 desire to prove md
ISIS, re- 20 take an exception TO the ruling
The court-The court has not ruled
10 you desire an objection Mr.
~. ST. 'Aooressing the attorney for
Mr. Eichnor-The state objects to IL
because DO IS not in proper form. and there
IS nothing in the original motion OF That
THE Court-The court VIII take am adj
lournment 70 permit you 10 get the affi-
daVit or Mr.. Young. / take ID 70 Mr.
Young. as an officer Of this court. has
any facts he viii make an affidavit The
statute PrQvices these matters must be
by affidavit We viii take a recess until
. O'Clock.
Mr.. Eichnor-I understand Mr.. Young
refuses 10 make an affidavit and there
IS no power 20 compel him to make an
affidavit.
The Court-The court will take a re-
cess until clock In the meantime
YOU may apply 70 Mr. Young 70 make an
affidavit and IF he does not then make
an az, aitldayit the court viii then decide
Mr.. Eichnor-The court does not order
MI Young 10 make m affidavit?
The Court-No. the court has made no
Mr.. Eiernor-If Mr.. Young refuses TO
make an affidavit he has that right.
Mr.. r. j. Strwart-If the court please.
We nave asked Mr.. Young To make an
The Court-The court has made rul-
ing on this matter and has adjourned nm
III " clock You may apply 70 Mr..
refuses. at that time YOU NAV applv no
the court for further order.
Recess az II a. m. until p. m"
The Motion Was Denied.
The record shows that at o'clock p. n,
me matter was again taken IN and tho
following occurred. '''0
Lhe gourt-Anything further 10 orfer9
MT 3. j. Stewart-Nothing further 10
The Coqrt--No authorities to present?
ME =, J. Stewart-No authorities.
me Court-The motion OF the defend
ant viii be denied
~ VIII thus be observed that the oo7,rt
IN the presence and hearing of Mr. YOunp
IN erect stated that e would De proDer
Tor MIR. NOung TO make an affidavit m
any facts that he was in possession of
respecting the matter in issue and tbore-
upon adjourned court for the purpose OF
enabling counsel 10 see Mr. Young and
produce his affidavit. and should no re-
luSe tnaJ they might again bring the
matter 70 the attention of the court and
an order would be made as the facts am
F.. circumstances warranted: that later on
{ counsel came into court and announced
that they had nothing further to offer
and the court denied the motion to in
made.
What effect If any. counsel for defend
ant made during the time Of adjournment
10 get an affidavit from Mr. Young does
not appear For aught there is in the
and on further inquiry and INVESTIGATION
decided that they did not want his aft
: davit Under these circumstances the
court did not err in overruling the mo-
ton.
Rehearing is Denied.
After lengthy and somewhat vigorous
discussion Of this question I'm the motion
for rehearing. counsel for defendant saw
We respectfully submit. with all due
Difference to Shis court that the defend
ant and the bar OF this state are entitled
20 know under what circumstances. If
anv. oral evidence may be introduced in
support of q, motion for a new trial. on
the grounds of misconduct on the part of
the Jury
1t is not necessary for this court to de-
termine In this case under what CirCunl-
stances, if anv. court will be author
lied TO permit the introduction Of oral
testimony in support Of motion for
new trial, as &c is plain that the court liz
this case did not err I'm its ruling on this
point
T therefore ioin with my brethren IN
overruliBg the motion for rehearing.