Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-10-07

Il lHb 10 say y.
!2Gsmuch az wife cannot be
witness against her Eu' band, che has
not the power, u crefore, 20 complain
against him IN a criminal action. Such
e the ruling made by Lrage Morse. in
the criminal division OF the district
court this morning when nc Sustained
the motion to quash tho two informa-
lions charging former Senator Arthur
Brown with adultery committed with
Mrs. annie NJ. Bradley on Feb, and
April A. 1908. While a rumber OF other
points We're raised by Senator Brown,
who ergued the motion In hls own be-
half, sill the court held that the fact
that Mrs. Brown gwore 20 the COM
plants against her husband was fatal.
and accordingly dismissed both com.
plants and discharged the defendant
MAY BE OTHER ACTIONS.
Judge Morse Informed the district at
torney mat nc might max an lnvevu,
CATION and bring other actions Il the
iacts are sufficient to warrant another
preliminary hearing. district Attor-
ney Eichnol informed the court that
The district attorney has not the power
10 originate cases In the lower court,
put that ne would call the county at
torneys attention to the whole matter.
re having jurisdiction In that matter
and having issued the complaints in
ia IN 50
attorney to make another attempt to
issue complaints against Sel.ator
Brown II no sees ut to DO So
Inc notion to quash The n'orma-
Tons, which was sustained by Judge
morse, was the same in both cases.
IN HIS OWN BEHALF.
Senator Brown argued the various
points at considerable length, but the
greatest stress was laid upon the point
as TO the inability OF a wife 10 COM
pihln against her husband in criminal
action. lie argued thCt the courts OF
the large majority OF the states OF tho
Union aold that Il wife cannot TESTIFY
against her husband and hence cannot
complain against him In q criminal ao-
Ton except for criminal violence against
her. lie cited and read large nuia.
Der OF authorities in support OF his con-
tenlion' The senator urged that the
city court has no jurisdiction In such
cnses, and that the creation OF The court
was unconstitutional for the reason
that the Legislature did not define
ana fix the powers OF the court but
merely lett them to be inferred. In the
second Information he uTSed that there
was no Endorsement on the complaint
or Ia the ransci lpt submitted 10 tho
district court by Judge Oiehl which
showed that there was reason To- believe
that a public orense had been com.
mitled and that there was reason TO be.
leve that defendant vas guilty Of the
same.
TRANSCRIPT FAULTY,
In answer to the last poipt DIst-
Atty. Elchnor admitted that The trans.
script and return OF Judge Dlohl Ia
not In the language OF the statue. but
that the transcript as a whole * clear
as 10 what Offcnse Ia charged He said
that II the committing magistrates
would follow out the language of tho
statutes In such matters this court
would not be hdrrassed so much with
such objections as the one raised He
was Of the opinion that the Irregular
lty Was not fatal and that II could DO
't''NNAV" Nl'ASi tHe STATUTE unless the
rights of defendant were prejudlced
thereby.
E1CHNOR ADMITS.
AS to the point Of the ability OF a
wife 70 complain against her husband
Mi Eichnor stated that, after search.
ms the authorities, he must admit that
the defense Is correct on that matter.
He argued. however, that the defend
AMI, by submitting to preliminary
hearing upon the informations, waived
the right TO raise the point that the
wife cannot be the complainant againr
her husband In a criminal action. He
cited a number OF authorities 10 sup..
port his contention.
COURTS CONCLUSIONS.
Judge Morse. In passing on the mo-
ton, said that there was no question
In his mind but that the city court had
jurisdiction In the case. He was also
of the opinion that this Is the proper
time to raise the question as TO the
right OF the wife to complain against
ner husband. lie was also Of the opm-
ion that under our statute she has no
such right and he, therefore sustained
the motion to quash both informations.
II is believed that, since the infor-
nations against Senator Brown have
been quashed, the court viii pass a
very light sentence upon Mrs Bradley.
who, several days ago, pleaded guilty
TO two charges OF adultery committed
with Senator Brown.