Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-05-22
Ildoe Richie Hands Down De-
cision Denying Motion OF
Attorneys for Jones.
GIVES LONG LIST OF REASONS.
cnsc Was Formerly Tried aud Decision
Given Adverse TO Plaintiff Aiter
Long Controversy in Court.


ronns. Jr., against the salt Lake
-.r,,,re. Jones sued to recover dam
ares in the total sum of $l25,OO0 for al
,oged libelous articles run by the
.rribune In regard to Jones manage
,cent of the county infirmary during
the time he was superintendent of that
ipstitutlon After a trial lasting for
several days the jury returned a verdict
An favor OF the Tribune. A motion for
new trial was filed by plaintiff and
vas argued some time ago and taken
under Amusement In denying the mo-
ton. Judge Richie delivered the iol-
lowing decision:
Two matters only were discussed up
on The oral argument on the motion tor
new trial, the perjury charge anu
the allegation OF misconduct during the
trial on the part of two of the detend-
dants. The court regrets that coun-
sci did not take advantage of the leave
given to file briefs, as the oral argu-
ment was very short and incomplete.
II is alleged by the plaintin lhdt
tho charge of perjury Is not sustained.
There is complete failure TO prove
that the plaintiff committed the oitehsG
of willful and corrupt perjury dehneu
m section 4l22 of the Revised Statutes
of 1895. The defendants abandoned
this on the trial and expressly rested
,ipon the other meaning of the word de-
0ned bv the court in paragraph OF the
Instructions. following the generally
accepted dictionaries of the English
language, simply as false swearing
WESLEY QUOTED.
Wesley. in a sermon at oxford, once
said referring to the violation OF GER
tain moral obligations:
What is perjury. if this Is not But
ii il be oh, what weight 81 SIN yea,
sin of no common dye. lieth upon us.
Little Journeys to Homes of Reform
crs, January, OF, p. "a.
Rot long ago II clergyman during
hcresy trial was charged with per-
ituy in violating his ordination VOWS
hccalso of certain theological Opinions
expressed Members of tr1ternal OF
deIs who are said TO take certain
obligations are accused OF perjury
If they violate them.
There Is no standard, save the aver
age moral sense by which to deter
mine whother a given act may DC
called moral perjury" or not, and u
becomes often question OF iact
whether, under the proof, the parllcu-
lar moral obliqulty charged may DC
called perjury in the sense now uhuer
discussions
In this case the facts upon which the
charge was based were quite explicitly
stated i'm one on more OF the artlclcs
published, enabling the reader to judge
for himself OF its character. The am
daVit upon which the charge was
founded was presented To the board OF
county commissioners and the allow
ance of SIS. 30, in lieu of salary during
n vacation (which he did not take)
was made to the plaintiff by the com,
mlssioners with the knowledge OF an
the facts There was proof tending 10
show that this particular method OF
allowing such claims had been pre-
scribcd by the board of commissioners
ms the one 10 be adopted. Two of these
commissioners were witnesses against
the plaintiff.
AS TO PERJURY.
If the plaintiff was guilty of moral
perjury" in making this affidavit, they
could as Well be charged in that sense
with subornation of perjury.
The defendants having disclaimod IN
tending to accuse the plaintiff of the
technical crime of perjury known TO the
aw. and the word not necessarily i'm
porting that meaning, the court fails
go see that the case ought TO be sub
uitted 70 another jury to determine
whether or not the charge is sustain
able In the vague sense which has no
defined limits and concerning which
.here is no certain guide to decision
except that already stated.
> 1t is charged that there was mis-
conduct ON the part of two of the de-
'eudants in making certain unfair
partial, unjust, and sensational COM
mcnts upon the case during the pro-
sress Of the trial, tending to prejudice
Inc minds of the jury against the
plaintiff"
Anldnvlts are offered in support of
.his ground; attached thereto is an is
sue Of the Salt Lake Tribune of
Thursday, Dec. 7. 1905, during the time
Of the trial, which contains certain
headlines and comments To the
headlines the attention OF the court
mas called on the morning OF Dec. Z,
1905, the day of publication, at the be-
Shining OF the trial on that day, and
The court then stated that the COM
! ents therein contained We're improp-
~ and misleading and directed the jury
~ disregard them, and further in
ruucted The jury that it was their du-
~ to refrain from reading any news
paper accounts of the trial during It's
progress
The reports OF the trial contained IN
he two exhibits attached, so far as
hey undertake TO detail the proceed
Hgs appear mainly to be literal trans
iripts Of the proceedings they purport
o give Comments other than in the
headlines IN the issue of Dec z were
iot called TO the attention of the court
hen nor AT ank other time during the
rial, but on a perusal as they appear
attached to the afiidaVits. they are eN-
iggerated and misleading in some ma
ierial particulars. When the matter
Mas before the court on the day IN
question, their contents seemed to be
familiar to counsel on both sides.
though they were not read In court,
md II was apparently conceded by
iounsel for the defendants that wheth-
ir oNerdrawn or not, they were im-
proper comments TO be made during
nc trial, and after consultation with
no defendant Sefrit the manager OF
me ilrst-named defendant, counsel for
HE defendants stated that the COM
ments m question had been written
uter the manager had left the news
PAPER Office for the night by others
Hho were not present at the trial, and
mere was no Intention TO publish mat
GER which would interfere with the
proper conduct Of the case, and that
hereafter the manager would endeaYor
% see that no occasion for criticism oc-
'urred.
In this Issue OF Dec. 7. In a head
ine III large type, among other things
lppears the following: "Remarkable
showing Made Against Jones Fed
Rotten Mutton ana Maggoty Beef"
This Is among the charges which
occupied much time during the trial. |
ma testimony was offered to show |
nat ON few occasions spoiled meat |
rhs found IN the supplies being pre-
Jared for table use. and, some Wit |
icfses say, was served up TO the In |
mates OF the county inhrmary. The |
Question of thu knnkVladua and rasnnn. 1