The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-09-27
PARLEY P. SAVED
BY TECHN|CAL|T|ES
County Attorney VIII Not Pros
ecute Joseph +. Smith I'm
der Ovens Complaint.
ARTHUR BROWN APPEARS
IN BEHALF OF CHRISTENSEN
Asks Dismissal on Ground That
Complaint Was Improper;
Court SUstains Him.

County Attorney Farley p Christcn-
sen, late aspirant before the church
Republican convention as q candidate
for Congress, now serving his first and
only term as d county oincial, will not
prosecute Joseph L. Smith for
adultery, nor recommend that warrant
for the arrest of the polygamist be
issued Technicalities saved him.
During Wednesday afternoon Mr..
he was going to proceed against Jo-
had the matter in hand, and would,
IN due time, proceed; that no crimi.
nal was immune from proceedings in
his court Like the posses that are
always after criminals, Farley z. is
now in hot pursuit.
Brown Makes Appearance.
Former Senator Arthur Brown ap-
peared for the County Attorney. II viii
be remembered that the complaint filed
by Charles Mostvn Owen was before
Dana I. Smith. 1t charged Joseph i.
Smith with a statutory crime. 1t was to
enforce the prosecution Of this complaint
that the County Attorney was cited
into court TO show cause why he should
not be removed from Office for failing
TO prosecute the case.
We object to this complaint and
move that 1T be dismissed on the
ground that fhere is not proper com
plant made ont for the County Attor-
ney TO proceed against one Joseph L.
Smith, declared Attorney Brown
There is nothing that stands a sem
blance of being a complaint. It states
that certain witnesses be cited, but 1T
does not state for what reason they are
to be called or what they are to prove.
What prnv-,,
1--WE further contend that there is
not proper designation of the of
Tense IN the complaint There is moth
ing to show but what the defendant.
Joseph +. Smith, was married to the
woman at the time of the act COM
planned of. The act must be specifi.
cally stated. Merely calling names does
not constitute an offense. I have read
every authority on this offense and it
states specifically that certain things
shall be stated which this complaint
does not contain.
The complaint in this court asks
Tor the issuing of warrant. The
County Attorney has not got IL in his
power TO issue warrant. and he would
soon be IN jail If he attempted TO do
so. The County Attorney cannot even
issue subpoena.
1t is provided by law that q magis-
trate shall do this, and if the County
Attorney issue subpoena it would be
optional with the witness whether he
responded.
Says Evidence Is Insufficient
There Is nothing here to show that
the Attorney ever saw the complaint
against Joseph Smith, and he certainly
never acted upon 1t, for when q com
plant ID not sufficient the County At
nv mr. ty.I /.
LII is the duty of the magistrate
before whom complaint is fled to is
sue the warrants and call all the wit
nesses before him and if he is satisfied,
to turn them over to the County Al
torney. Charles Mostyu Owen g war.
rant would be of as much effect as the
County Attorney IS. -
Senator Brown several times in his
argument said that he was familiar
with the law in regard TO the charge
made against Joseph j.. Smith. The
County Attorney had no authority to
issue such warrant. but only to All.
thorlze Its issuance by indorsing his
approval on the back Of the complaint
Orders Complaint Dismissed
Attorney Edgar a. Rogers, appear
ing for the complainant, asked leave
TO amend, but tho court ordered the
complaint dismissed
Al p. IN MT. owen appeared again
III the Office Of the County Attorney
and asked that the County Attorney
now draw complaint against Joseph
T. Smith sufficient in form and complete
in legal detail. Mr.. Christensen then
stated that lie was going to proceed
against Smith and had the matter iu
hand and would i'll due time proceed.
He said that no criminal was immune
from proceedings i'll his court.
nj nf A1r No
exhaust every resource known to bring
this defiant criminal, Joseph f. Smith,
to justice.
McCoy's Stables,
Carriages and light livery. Fones 81.