The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-18
IS OUTRAGE Upon
LAW AND ORDER
This Opinion of Citizens Who
Heard Evidence i'm Barton
HArDert Case.
JURY CLEARS DEFENDANTS
OF SELLING BAD MEAT
One Juror. Charles Pratt,
Makes Haste to COngratu-
late the Accused.

After an hours delbcration, the jury In
the case OF the State VS.. Il. NJ Herbert
and II. y. Barton. who were charged with
knowingly selling diseased pork To local
butchers. returned n verdict Friday af-
ternoon OF not guilty. This disposes of
this one charge, but two others growing
out OF the same circumstances yet remain
TO bc trle0 against the same defendants.
Is Called an Outrage.
Numerous attorneys and citizens who
listened to the evidence presented by botn
sIdes did not hesitate to pronounce the
verdict an outrage upon law and order
and the public health 1T seems said
one leading attorney. who had no interest
whatever in the action. scarcely possible
that any reasonable man could fairly
have arrived ut the conclusion reached
Hand of tho Church.
To an unprcjudlced citizens. one who
loves fair play, who Is broad enough TO
understand that the public health de-
serves to be protected. there are many
signs that point TO the hand OF the he'll
rarch in the rendering OF this verdict.
Evidence in the hands Of the authorities
is TO the effect that the live hogs from
the rapidly dying herd of Herbert ana
Barton were purchased by house that is
directed oy Mormon bishop,
Jurors All Mormons.
Tho jury was composed OF George i.
Smith. stephen BuCkwaltcr. William L.
Evans and Charles Pratt. all Mormons;
And here Is another straw which showed
the way In which the wind blew, Immc-
diatcly upon the announcement OF tho
verdict Juror Charles Pratt almost tum-
Dled out of the jury box in his haste TO
congratulate the defendants upon their
ncquttal. The least that could be said
OF his action is that II did not indicate
tho unprcjudCed judicial mind which
every Juror should have to consider the
issues he is sworn to try
May Be Technical Escape.
In the arguments which were made by
Attorneys Hutchinson and Weber. for the
defense, they laid particular stress upon
that they knowingly sold diseased meat
arguing in effect that II the meat was dis
cased the accused men were not aware
of It,
State Made Strong Case.
In the opinion of majority who heard
the evidence the State made out strong
case the main facts in which were not
overthrown by the testimony of the de-
Tense. There was the sworn statement OF
Ben Harris. VINO swore that he saw
hauled from the ranch dressed hogs bear
ing evidence of disease There is the tes-
tmony of Arthur Waller, an experienced
butcher. who swore that when he killed
the hogs he told Barton and Herbert OF
their diseased condition. There Is the ad-
mission of Barton, who told the city In,
spector that the hogs died OF cholera and
pneumonia. All of this evidence was
strongly corroborated.
Lame Explanations,
Such explanations as were made by the
defense were lame. They were forced TO
admit that some OF the hogs died from
unknown causes. but sought TO explain
away the most OF the fatalities by de-
claring they were caused by the hogs
'piling up in pyramid. thus smother.
water from the hills that came down dur
ing 4 thaw and killed a large number In
a single night, This. Notwithstanding:
Barton had previously stated TO a friend
that he lost only three hogs in that food
Hides Behind Ignorance.
Although Barton is known to be an cx-
perienced ranchman. he swore that he
knew nothing about hogs. and his man.
agemcnt OF affairs consisted In the fol-
lowing out OF instructions received from
others.
There seems but one conclusion to draw;
If the jurors were conscientious In the
rendering OF their verdict they did not
consider IT worthy OF credence the testi-
mony of the men OF good character and
reputation who testified on behalf OF the
State.
End Is Not Yet.
But the end is not yet and there is an
other pnaSe 10 tElS question mat remains
to be dealt with and Will be thoroughly
Investigated The house that is alleged
TO have purchased the live hogs from this
dying herd does an interstate business.
II matters have row reached a stage in
Utah where the public health cannot be
protected through the efforts Of the city
and State authorities, where justice can
not be obtained In the civil courts. steps
will be taken to bring here a Federal in
spector. a man who Is above and beyond
all church influences and who will see to
it that the meat handled through these
channels Is not contaminated with dis
case.
Will Press Other Cases
There still remains to be tried two other
charges against Barton and Herbert viz:
committing a nuisance by placing dead
hogs in a water course which flows down
to springs used for domestic purposes and
selling live hogs from n herd known TO
be diseased.
Assistant County Attorney Hanson who
vigorously and ably prosecuted the first
action. said Friday night that in his
opinion. the verdict was not in conform
ity with the evidence, and that he would
push the other cases carly next week.
THREE DEGREES GRANTED