Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-18
VERBAL WAR IN
LEE BULCH CASE
Ashby Snow Charges Samuel
Newhouse With Being Respon-
sible for Absent Witnesses.
"DUE DILIGENCE NOT SHOWN.
Continuance Of Hearing Raises a Big
Legal Rumpus In Judge Diehfs
Court Today.

An interesting legal battle was fought
out In Judge Diehl's court today when
the case OF the state VS. Lee Bunch,
charged with obtaining money by false
pretenses, was called up. The COM
planning witness is Samuel Newhouse,
who WAS present I'm court. The trouble
from which the present case arises. has
already been exploited in the press.
When the case came up this morn
ing. County Atty. Willard Hanson
asked that the name of Atty. C. C.
Parsons be entered as associate coun-
sci for the prosecution. After this was
done, Atty. Ashby Snow. for the de-
Tense. asked that the name of eX-Gov.
j, T. Morrison, OF Idaho. be entered as
counsel for defense. All this was done.
but the next step taken In the case
caused trouble.
County Attorney Hanson asked that
the case be continued for one week. In
support Of his motion he presented to
the court an affidavit, signed by him
self. IN which he set forth that he had
used every effort In his power to secure
the attendance here of three material
witnesses, but that, after the case had
been set, said witnesses had gone 10
Nevada, and were not within the jurls-
diction of the court. and could not be
brought back here for several days
Attorney Snow was on his feet In an
instant with vigorous objection to
any further delay. He made an ear
nest protest against the motion of the
prosecution, declaring that his client
was ready for proceedings and that he
had come here from the northern part
OF Idaho, had brought witnesses and
counsel with him. and was under great
expense. Mr.. Snow expressed himself
| emphatically that the prosecution had
not shown due diligence" and charged
that the state had been negligent in the
matter of securing witnesses.
MIR. Hanson made no attempt TO IN
| form the defense that the witnesses
would not be here, although he knew
on the day that the summons was il
| sued that they would not be here. The
defendant is q poor man with a large
| family. He is here under great eS-
| pensc having TO provide for witnesses
| and counsel who came from northern
| Idaho say that II Is an injustice to
him to further delay hearing OF this
| case"
| Mr.. Hanson stated that he was sor-
| ry that continuance had TO be asked
| for but that the state could not pro-
|
| witnesses mentioned.
1--WE delayed the case in the hope
| of getting the witnesses here on time
| and the state is willing TO pay reason
able expenses OF the defendants Wit
| nesses."
Interruptions came thick and fast
and Atty Snow claimed the dsfosse
! was not treated fairly. and also charg-
ed that Mr. Newhouse was responsible
| for the fact that witnesses We're not
| present. The court finally took n
| hand In the controversy and put
stop to the squabhle by stating that
| the prosecution was entitled to con-
| tinuancc for the reason that MI Han
son had shown due diligence In secur-
| ing the witnesses after the case had
been set. What might or might not
| have been done before the case was
set for hearing. the court had nothing
to do with that.
Mr.. Snow then insisted on placing
| Mr.. Newhouse on the witness stand
for the purpose he stated, to learn
whether or not the statements set
forth in the affidavit were facts or not
| Mr. Newhouso willingly took the stand
and quietly explained that he was also
| anxious to have the case heard at once
| but that 1t was no fault of his that the
| witnesses material to the prosecution
| were not present He stated that they
| were not in his employ and that he did
not send them away. but he thought he
would be able to get them back 10 this
city.
Atty. Snow was not content with this
and tried In every way to prevent a
postponement. He used every argu
ment and brought forth every lega
point he could think OF In the hope o.
having the hearing take place today
but in this he failed. and the court SCI
the case for Feb. s.