Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-09-25

HUNT FOR A suBTERFUG 9
Negligent American" Officials
Hot in PURSUIT Of One But
Fail to Find 1t.
..fter Practically Protecting Denizens
OF Tendcrloin For Months the Or
gan of tire Toughs Attacks. Judge.

.after Practically Protecting Dcnzens
4 OF TendcrIoin For Months the Or
gan of the Tougls .Attacks Judge.
Rising to the charges that it has al
lowed the criminal element Of both
sexes, to go unpublished and unopposed,
the American party leaders are nov
seeking cover. 10 secure it they havls
seized the most handy hiding place, aud
have tried to find it behind Police
Judge c. b. Diehl. Judge Diehl, as
judge of the criminal division Of the
city court is now brought forward,
in a lengthy editorial this morning, 10
be blamed for the inaction OF the pn-
lice on the grounds that he had Zee
fused to convict. ffG IN Si
3sChief of Police Pitt is the authority
quoted TO back up the position taken, II
and 5whether@Ethe American organ
shall be allowed to find refuge in the
readily printed charges, depends on
whether the people arr. more willing
10 accept the word of the paper Or that
OF the records OF Judge Diehl's court
A. survey of these records this }mofil-l8
ing shows that a. large majority OF
those arrested and tried have been
bound over or sentenced Cases dis
missed were ON motion OF the Miner
| lean" city attorney. Where. then, is
the point of Justification In giving
forth the declarations made by the
Tribune this morning Did City Re
corder j !. B, AIoreton give out false in -
formation or did the Tribune itself belle
| the record 9 i 80 &: IS y
The records in state cases for the
past 80 days We're carefully gone over
| by a 8'... N ews''S reporter, and " Clerk
| George M Clutch, IS They show that rs
cases We're on the docket. Or this 4
| number 9 We're dismissed upon motion
OF the county attorney, or o q, his
assistants. One was Tried and found &
guilty. One pleaded guilty and was
i bound over to the district court. One
1 WAS found not guilty and discharged.
One was discharged because Of lack
of evidence, and the assistant county
iattorney stafed in open court that he
i did not ask for u conviction. The ball
4 ance5 of the cases were continued upon
4 motion of the prosecuting attorney.
\ One case, that Of Ray Sundherg,
4 charged With assault with s. a. deadly
4 Weapon was dismissed by Judge sDiehlii
4 upon tic courts own motion, and it Isl
& iii the record that the case was dis
missed because there was no one there
4 10 prosecute. Sundberg was underar-.
4 rest for one month and Ave days.
CITY CASES
In the city cases the record wilI
show that about IS per cent Of the
! complaints against the vicious els-
l lnent have been disposed of by mo-
ton of the assistant city attorney.
This morning, II. A. Rogers, assist
i ant city attorney who prosecuted the
1 cases III the police court. admitted
| that not more than 8 per cent OF
| these cases have been tried. The
| cases have either been dismissed or
the accused We're permitted to plead
fjf1at 70,
the cases have not been tried.
I,Iz,rIr,s cp.,rEntE,,y1,
- ? 7 : = : 49, Z y = = .
Judge Diehl was asked for a state
1 inent in reply to the attack made by
| the Tribune this morning, and said I
| ..If Chief Pitt is correctly quoted.
| he is MOI familiar with the workings
/ of his department.. because the rec
| ords of the court will show that 81
| per cent Of the cases which have
been brought before the court of what
m nns have either been dismissed On
motion OF the city attorney, most
o allusro al the request Of some member
| ~ ire suggestion Of the arrestingS Of
Sca,.' ,IesfledT guilty. and upon the
tart icp1a,., raa1,sst of the CITY attor-
nev l,een nermittea to leave the city,.
coNvJf.rEp WHEN TRIED.
~ -! = n - sgY3
"of the remaining cases. or those
which we're permitted by the Ameri-
can police force to be tried, the rec-
ords of the court, which are always
omen. will show that very large nlft-
iority were convicted" 5
One OF the court officials said, in
uhls connection
DO they expect q court 10 find q
person accused of crime. guilty before
being tried? Is the court supposed TO
know all tho facts In a case before
the matter is properly tried and evi-a
dence introduced? Arc not tho
prosecuting attorneys paid to handle
the cases, furnish the evidence for
the prosecution and present the
same 10 the court? IL charges and
arrests are made and the cases ara
either dismissed or continued upon
motion OF the prosecution. or if So
called .foaters. are given at the re-
a,,est of The prosecution, What is the
court TO do2,'
rIEw or Bot,ERs
~,
Assistant City Atty. +. A. Rogers
said.
II will admit that not over 8 per