Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-03-03
JUDGMENT IN
CHAMBERS CASE.
Ildoe Howell Enters Decree
Against Councilman Con.
victed by Jury.
IS DEPRIVED OF HIS OFFICE
And Must Pay Costs of Suit---'Jury
system Comes In for Courts
Criticism.

Ogden March S.--After another day
NJ arguments on the part of counsel in
Che matter of j. ID. Skeen against
councilman Fred w. Chambers, Judge
J. A. Howell, late yesterday afternoon
pronounced judgment on the defendant,
who about one week ago was found
entity of charging and collecting illegal
fees from the city while member of
the ogden city council
Before rendering judgment Judge
Howell made statement which APP
oiled to both the Chambers and Craig
cases in which he held that the pres
ent Jury system which had been de-
ylsed by our forefathers, was perhaps
not the best system, and it was certain
y not perfect. He then added.
"But 1t is the system under which the
court is working The jury Is just as
much a part of the court as the judge,
therefore | always go with the jury,
and so far have not set aside a YER
diet Of the jury since | have been on
The bench. And yet | realize that 1t is
the courts duty to do SO when the ev-
ldence Is VIGOROUSLY against the ver-
diet. Had | been one of the Jurors, In
his case, my judgment might not have
been the same as theirs"
He then entered the following judy
ment:
THE judgment of the court is that
the defendant, Fred W. Chambers, be
deprived OF his office, and for such
costs as allowed in civil cases"
Every eifom Nas made by counsel
representing ~, defendant to secure
stay OF eXeC,.-.On, after the court had
denied motion for new trial. They
stated that they were not able to argue
the motion for new trial on account
Of preparing affidavits TO be filed with
the motion. Each argument brought
forth was met by the counsel for the
plaintiff, with the result that Chambers
not only will be compelled TO vacate the
Office of president of the city council
but must stand the cost of the trial as
we'll
Practically the whole of the morning
sassion was taken up with the argu-
nents OF counsel. The defendant play
Ing for more time and the plaintiff
sttenuously opposing It. Finally the
court granted the defense until o'clock
In the afternoon TO present their mo-
lion for new trial, with the aflida-
Wits attached. When the court recon-
yened in the afternoon, the motion and
Afidaylts were forthcoming. Counsel for
defense held that the jury was preju-
diced against the defendantan and In sup
port Of this contention they followed
the argument up with the afiidavlts of
Isaac Flinders and Fred Dalton, In
which certain Irregularities on the part
Of jurors Crosbie and Hancock were
alleged From these afiidavlts the in
situation was passed that the jury
had been worked with" II was also
Contended that the evidence In the case
did not support the verdict, and that
the charge OF the court was unfair to
the defendant besides being of too
great length
In his argument regarding the preju-
dice of the jury. Judge w. H. Magin-
mis- In pleading for the defendant refer
rcd to the atrdavits Of Mr. Dalton and
Mr.. Flinders, and then addressed his
remarks to Attorney J. N, Kimball Of
the prosecution. The latter Is known
for his dry humor and ever-ready wit,
50 when Mr.. Maginnis said:
How would you like it, Mr. Kimball
to be placed on trial on criminal
charge before a jury In that state Of
mind?"
He replied:
II wouldn't Ire II. wouldn't like to
be tried on any criminal charge.
might he convicted, especially If you
we're my counsel"
In denying the motion for q new trial
md stay of execution the court held
nat the contention, concernig the de-
teots In the judges charge TO the jury
was not well taken, and as 10 the mis-
conduct OF the jurymen he stated that
there was no merit to the contention
and therefore denied the motion.
Another incident durg the session
which broke the monotOny of the long
Arguments WAS brought out by Attor-
ney J. n. Klmball. after the court had
passed judgment on the Defendant
Chambers, when he was recognized by
The court and said:
As far as the plaintiff in the case
Just closed ~ concerned, as far as any
oi his counsel are concerned, We repu-
Slate the whole criticism that appeared
y the ditorial columns % the Tribune
hls morning. which criticised the court
Tor pOgtponing the Chambers case from