Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-08-22
Files Sensational Affidavit Charq-
ing Judge Whitaker With Un-
fairness to Lulu Williams.
NO POLICE COURT UP TODAY
Consequently Drunks and Ways Arrest
cd Last Night VIII Have to Remain
In Jail Until Monday.

"A rather sensational affidavit and
motion in writing for a change or
judge In the case of the City VS.. Lulu
Williams, woman charged with va
giancy and soliciting. was filed this
morning in the criminal division of
the city court by Atty. William Newton
III behalf Of the defendant
A few days ago the Williams woman
was arrested for vagrancy and the desk
sergeant at police headquarters. who is
also bail commissioner, fixed her bail
in the sum of $50 The amount was
appear later for trial
A day or go following her release she
was rearrested and thrown into iail
Yesterday morning the woman was
represented in court by Atty Newton.
VINO made motion that she be re-
leased on her own recognizance on the
latter charge, inasmuch as she already
had 500 up to insure her attendance in
court
This motion by counsel was not lis
tened to by Judge Whitaker, sitting for
Judge Diehl. Judge Whitaker stated
from the bench that he had had a talk
with Chief Pitt about the woman and
lie Immediately issued an order raising
the bond to the sum of $3.50 Atty. New
ton protested and declared that the pur-
pose OF a bond was not for punishment
before the matter was daiudicated hut
merely to insure the attendance of the
defendant in court when wanted by
that tribunal Newton also said that
the chief of police or no other person
had any right to approach the court
with request that n bond be raised.
but that If he had anything to say
In the matter 1t should be said in court
when the case came to trial. Newton
also angrily said that Chief Pitt nor
any other person had any right to
order "a person to leave the CITY.
II don't think that the government
of the city has passed entirely out OF
the hands of the people" shouted the
irate attorney. The motion did nc
good, however, as Judge Whitaker in.
sisted on bond of $3.50.
NO COURT TODAY.
This morning, when it came time
for court to convene, there was much
surprise when the word was passed
around that Judge Whitaker had SEN
word that there would be no court
today. Under the law. it is the duty Of
the clerk of the court to adjourn unit
some future time in the absence o.
the judge, and this was done by Clerl
George NJ. Clutch, who adjourned unit
Monday morning.
This means that eight or nine pris
oners will not have chance to b
heard until Monday. Drunks. vag
! and others will have to lie in Jail un
til that time or furnish bonds for thei
appearance. Why no court was held
or rather, why the judge was not Their
to pass judgment upon the cases OF
the city docket, no one about polio,
headquarters knew, but the fact re
NAMED, there was no court.
In spite of this fact. however. Atty
Newton filed the motion and affidavit
The woman was in Jail and she signed
the document. Later a paper bono
of $3.50 was signed. but there was nc
judge to approve it. Asst. City Atty
p. j. DAILY was of the opinion that the
bail commissioner would have TO ap.
prove the bond.
1T is an outrage to keep people IN
jail just because the judge does not
happen to be here to approve q
bond" said he.
The affidavit makes several serious
and singing charges against Judge
Whitaker.