Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-08-17
JUDGE WHITAKER
IN POLICE COURT
He Sits Clothed With the Majesty
OF the Law While DiehI
Is Fishing.
DAHoNEY DlSLlKES SENTENCE
Special Officer Fined SIS for Doing
His Duty'-Negrocs Assessed So
Each for Beating Col. Henry

In the absence Of Judge c. y, Diehl
OF the ---rlnal division Of the city
court. and e. a. Rogers, assistant city
attorney. who are with their families
in Island Park, Ida. Judge j. ]. Whit
alSer OF the civil division OF the city
court and First Asst City Atty. p. ].
DAILY Were in the places of Judge Dlehl
and Atty. Rogers this morning.
The most important case on the city
docket, and one which is most likely to
be heard from again. was that Of D.
Dahoney. special officer employed By
the Bamberger road to watch the de-
pot and preserve peace ana order there.
a few days ago a man giving the name
of Joe Mccarthy, filed complaint
against Dahoney. charging the latter
with battery. 1t WAS alleged that Ja-
honey struck Mccarthy on the head
with a club. The case came up for trial
this morning, but Mccarthy. the COM
planning witness, was not present. He
failed to appear for the prosecution. A
young man was placed on the stand
and testified mat no saw Dahoney
strike Mccarthy but did not know what
caused the blow. There was but one
witness for the prosecution.
Dahoney was in court accompanied
by his wife ana two other witnesses,
He took the stand and told an appar-
entity straight story about the circum-
stances leading up to the trouble. He
said that Mccarthy accused him OF
harboring his CMcCarthys) brother
about the depot When Dahoney de-
MED the charge Mccarthy began tor
rent of vile and abusive language, and
threatened violence to Dahoney The
4
ordered him to leave the promises. In
stead of doing as the officer ordered, he
made an attempt to strike Dahoney
and the latter promptly knocked Nc
Carthy down. Dahoney had three other
> witnesses, including his wife, who were
all present and saw the alteration, but
before he had a chance To call his wit
nesses to corroborate his story and
before he had scarcely left the stand,
Judge Whitaker found him guilty and
assessed fine of 50,
Dahoney was decidedly angry at this
turn of affairs and expressed himself in
no uncertain language at what he
termed miscarriage of justice. He
said he could not understand why an
officer should be fined for doing his
duty and then without evening having
a chance to put on evidence Of de-
Tense.
l1lAiAE4 l'OASAN@hANN' - 49,
In tho very next case called, Judge
Whitaker fined four negroes, who with
out provocation had beaten up another
colored man, 81 each. 1t was in the
case OF the city vs Dick Hawkins,
Howard Lawrence, Eddie White and
Ollie Burns, accused of assaultng and
buatinS Cal Henry on commercial
street ON the morning OF Aug. il. Hem
nv was so badly used up that he was
H., 80 a.. tyts,. Tutr n n
police headquarters to make COM
plant,
Babe Starlight, a vicious col
ored woman who has been repeatedly
before the court for Vagrancy and rob
hery, was up again this morning on
the charge OF Vagrancy, Sho pleaded
guilty to tho charge and was given
chance to leave the city. The author
tiles prefer her room to her company
and sentence was suspended for "a
hours, and she has until II to'clock to-
night TO seek pastures new.
Frank Howell admitted no was n
Sagrant and that he had been begging
on the streets, He pleaded hard for
Clemency but got As days on the rock
pile instead.
John Walsh was arrested for vagran-
cy The complaint set forth that
Walsh was q healthy beggar and So
llcited aims as q business. Walsh
pleaded not guilty to the charge and
explained that he was not healthy
beggar for the reason that he had n
fractured skull and only one arm. He
finally changed his plea and promised
10 leave town, Sentence was sus-
pended.
MEMORY GIVEN A CHANCE.
Il. j. Harley got drunk last night,
went into a restaurant. ordered meal