The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-08-19

those witnesses said; we ask you to
believe what they say.
fThey have arrested this man; why ?
Su~~ose anv one Of you were appointed
bv the Mayor upon the Bourd Of Health
and you had CHARGE of a corps Of men.
You gave them their instructions rs to
how this work should be done, the quail
ity of matter TO be dumped and the
matter to be taken to the crematory,
W nat business has this County Attor-
ney got III the case, anyway Why
didn Z the preacher make complaint TO
some of the citv authorities1 Why
didn It he make complaint to the proper
officials. Tho court has jurisdiction
here; but he went to tho County At
torney. The County Attorney saws the
defense claims there is malice behind
the prosecution. 1t is not / who used
the expression. This complainant
magistrate, but he went to the County
Attorney, and they went down there
and then the County Attorney drew this
complaint-not in accordance with law.
The County Attorney did not arrest the
Board OF Health, did not enjoin it. The
preacher did not come to the City At
torney's Office; he did not como to the
State Department Of Health, where the
law says he shall go.'
At this juncture Mr.. Hanson objected
to the line OF argument
Mr., Daly-Yes, 1 havo no doubt you
will object.
Mr.. Hanson-Tbe court has already
passed upon that
Mr.. Daly-I think the jury ought to
know what the law is upon the subject,
The court interposed that he had
passed upon the question.
Mr. tol ly;no oroc}iop
Of malice as brought out by Mr. Han
son. j never charged malice.
The Court-The remark with regard
to malice was not made in the presence
Of the jury.
Mr. Daly-Mr. Hanson used it.
The Court know Mr.. Hanson used
it, but it does not appear to the jury.
Argue the facts in the case and the
Court will instruct the jury as to the
law,
MIR. DAILY object to the Court in
structing the jury.
The Court will instruct the jury if
you are going to state the law TO the
jury.
Mr., Daly-I don 4 want to antagonize
the Court in any way. l don't want to
take issue with Justice OF the Peace,
but / might take issue with the Su.
preme court. L hope your Honor will
i
sent the law to the jury. He has at
to show TO this jury that
there was malice on the part Of the de-
fendant. That was not brought in be-
fore the jury except by the County At
torney
The Court-It was an unfortunate re-
mark on the part Of the County At
torney to say there was malice in the
case because that was not before the
jury. The jury shall not consider any
remarks at all as regards malice be-
hind the prosecution neither one way
nor the other. Let 1t be tried on the
evidence and the merits.
Mr.. Daly-That is what / am endeav-
Mr. Daily then read the section of the
session laws of 1908 on sanitary reeu-
lations as follows: eff any local health
officer shall fail or refuse 10 properly
keep records, make reports, enforce
quarantine, disinfect infected persons
or premises. or to perform any duties
provided by law, he shall be deemed
guilty of a misdemeanor and upon
made by the State Board of
Health it shall be the duty of the City
Council, town OF Board of County Com
missioners by whom he was appointed
to give the said local health officer a
hearing and if the charges are sus-
tanned they shall remove him and ap-
point his successor The term H'local
health officer" applies. to any town, city
"Now, if the County ATTORNEY knew
what the law was, he would not have
been in this case, and / will allow you
70 Judge for yourselves what motive