The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-05-06
0utspOken Against Method He
Adopted in Case of
Emily Knox.
PEOPLE OF ALL WALKS
IN LIFE ARE BITTER
Action of The Tribune i'm Turn
ing Calcium Light on Court
Approved by All.


the Juvenile court TO force Emily Knox
to convict herself of lnfamy In order TO
furnish evidence on which to send up the
ex-robber and dope fend Tryen. tho lat
ter was released from the city prison
Saturday on his own recognizance. The
publicity given the child has done her
no good but tho airing given the moth
ods OF Judge Drown in his conduct OF
the Juvenile court has set people in every
walk OF life 10 thinking Not least
among these is the Jealous Judge himself
and his friends and coadJutors. Many
OF the latter have not stickled to tell
them what they thought OF his actions
and he has spent some very unpleasant
hours since The Tribune turned the cal
cium light Of public scrutiny on bis court.
While the publicity following the expos,
ure OF his methods cannot nave helped
tho cause of the little ones for the nonce,
yet there is little doubt that IT Will inure
largely TO the good OF the court ana OIL
the Judge who has been placed In Its
charge Judge Brown has been requested
TO conduct his examinations with more
gentleness, less crudity and with more
dignity and less coarseness; TO rulse the
level of tho language OF the court TO that
of ordinary English. and he Will doubt
less do So
Some Good Has Resulted.
Meanwhile one good has resulted-the
young man Clark has been let out and
he will be replaced by young man OF
refinement and great love Tor the youth
OF the city. This young man Is relin-
quishlng salary more than double what
he Will receive as probat tion ohicer In Or
der that he may throw his life into this
work. He will doubtless be an improve
ment upon young Mr.. Clark.
Girl Is Now at Home.
Emily Knox, the young girl. is at her
mothers home in Murray. and II Judge
Brown carries out the promise OF his
court he will have her back here next
arc SOME legal and medical opinions con-
cerning the action and methods OF tho
Juvenile Judge; II may be stated that
these names were not selected Tor the
Tribune reporters Just as they found
them in their Offices. Several were called
on who were out and their opinions could
not be had.
Willard Hanson's View.
Willard Hanson. Assistant County AT,
torney: "AS to this particular case, had
the examination disclosed that Miss Knox
was not telling the truth, 1t would not
have been evidence against tho man Iryen
In the case in the City court, because the
mere fact that she did not happen to be
chaste would not prove that 1Tyen was
the cause of her unchastity. Furthermore,
II Judge Brown taking this method
10 get evidence against the girl herself. 1t
was clearly beyond his powers, as no per
son can be compelled to give evidence
against himself. He could not compel
person to submit 10 an examination for
the purpose OF securing evidence against
himself This Is within the statutes OF
the United States and II has been decided
time and time again article OF tho
amendments to the Federal constitution
provides: Nor shall any person be COM
PEELED in any criminal case TO be a wit
girl or woman alleges that she has been
outraged such person may be required to
submit TO medical examination to sub
stantlnte her statements and furnish evil
dence for the conviction OF the person
whom shc claims TO be guilty, but In no
case could she bo compelled TO submit
where tho evidence is to be used against
her. This is the law as applied to GRIM
inal cases"
Used High-Handed Methods.
Another lawyer. who did not care to be
quoted, stated that tho evidence sought
by Judge Brown would have been value
less ns against Tryen because her previous
statement that he was not guilty, made
voluntarily and apparently in good faith
would have counted before court for
much more than any declaration made by
her after an examination. as such evi-
dence would appear to have been forced
from the person testifying by the officers
simply 10 secure conviction. Even II che
said Tryen was the cause of her un-
chastity, 1t would have counted for little
on account of her previous declaration.
This was undoubtedly his object. Judge
and acted as he did TO verify his own be-
lief. Furthermore he is used to high
handed methods. clearly beyond his pow
ers and scope"
DR.. Stewart outspoken.
Dr. NJ r. Stewart, City Physician. asked
what he would do In case a girl was sent
to him for examination. said: "I would
mako no examination except by order OF
the court, indorsed by the Mayor and I'm
the presence of two or three consulte nts
| would also refuse to examine Withomt
the consent of the parents and the pcrson
to be examined. Personal inviolabflity js
something that ls the property and right
OF the individual concerned and should be
respected absolutely. And a child Is more
to De protected in this right than q grown
person"
Objects to Browns Methods.
NJ A Breeden, Attorney General of the
State: II do not approve of Judge
Browns methods. neither do I recognizo
his right to subject any woman to that
sort OF physical examination. l think IT
unwise and unnecessary and has a tend
ency 10 degrade and demoralize rather
than to Uplift the subject and benefit tho
community. The same thing could be ac-
complished by different means-means
gentle and dIgnificd and within the law
Private examinations OF the kind spoken
~n m