Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-11-11
LEGAL AFFAIR IN
DIEHLS COURT
What Is Corpus DeliCti7 Or Who
Shot Frank Mar
tell2
THE CURTAIN FALLS QUICKLY.
Injured Man Refuses 90 GivC Tcstl-
mony against Alexander Dole.
Man Who Fired the shot

The greatest legal farce ever vit-
messed in the criminal division OF the
city court was that prcscnNcd this
morning before Judge C.. b. Diehl and
tho usual number OF spectators boz att
tendance at the morning sessions.
The case. or farce, was entitled The
state OF Utah VS. Alexander Dolos."
charged with assault with a deadly
weapon with intent TO DO grievious
bodily harm TO the person OF Frank
Martcll The title OF the farce should
nave been:
What is Corpus Delete or what Is
Behind IT,"
There Is nothing new iu the stage
settings. The audience was composed
Of the usual patrons of the house. The
jury box was occupied by policemen
while around the tables were seated at
torneys. newspaper men and deputies.
The stern, though young faced judge
occupied his accustomed place upon the
bench
FIRE ENGINE OVERTURE.
When an was ready an engine from
the FIRE department began 10 play an
overture and the plot was unfolded. il
was alleged that on Nov. End. Alexan-
der Doles. proprietor Of the crystal
saloon on west First south street. with
a revolver loaded with gun powder and
leadon bullets, did make an assault up
on auC into the body of one Frank
Martell, and did injure and previously
wound the said Martcu without lust
and sufficient prOvocauon--or words to
that effect. Asst County Atty. CARL
son represented the state while Atty.
william Newton looked after the inter-
ests OF the defendant
Frank Martel. the man who was shot
in tho shoulder by Doles. was called as
the first witness Before a question
was put TO him, Atty. James r.. Smith
arose and In his justly famed Gin po-
zee courD melodious voice exclaimed
dramatically.
III the court pleast I represent the
witness and ] ann going 10 ask the
court 10 instruct the witness that ne
need not answer any question put 20
him ;hat might tend TO incriminate
him. The court pleased, aud the in-
structious were given.
REFUSES TO ANSWER.
This was the cue for Atty. Carlson
who asked the witness II he knew
Doles and IL he saw him on the date
mentioned jpn the complaint. Martel
answered afiirmatively
What took place asked the prosecu-
4 refuse TO answer. replied Marten.
Did Doles display q Loaded revolt
yer
II can't say he did" was the answer
Did you see revolver upon that
OCCASION"
II can't say did"
Did YOU speak 20 the defendant"
II had few words with him."
Mere Words
Where did you sustain the injury
to your shoulder?
I'm the CRYSTAL bar"
How
Al NJ point there was leakage ia
Martells memory.
What kind NJ an injury was it2"
II was told IL was a bullet wound
SOMEONE TOLD HIM.
The answer was stricken out for The
reason that what was told the witt
ness WAS not competent How was he
10 know that he had been shot IN the
shoulder unless some kind hearted per-
son told him And III he was told ID
was hearsaN and therefore not compe-
tent according TO the rules OF evidence
owing 90 the poor condition of Mar
tells memory he was excused and
CHIEF Of Police Tow ID. Pitt called 10 the
center ~ the calcium light
PLOT THICkENS.
All ha, The plot thickens,
did you have a conversation with
tho defendant" asked Atty Carlson.
~ did" replied the chief
What was itT"
Before the question could be ans
Wered, ATTY Newton was upon his feet
ana sirenu0usly objected.
what Is the purpose OF the qucs-
tionH' he shouted.
Els 70 4 introduce "a confession 20
ATTY. Carlson admitted that such was
tho purpose.
Then ] object 90 any confession
until the cornus deficit is established. 4"
cried Newton.