The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-06-15
Runs Story on Murder Trial,
Which Court Says Is
Contempt.
If CONVICTED, MANAGERS
CAN BE SENT TO JAIL
District Attorney Directed to
File Papers and Investi-
gate Matters.

Inc nypncnatCd sheet OF tle fcuefaI
bunch. sometimes called tho Herald Re-
publican and more Familiarity known as
the "Gimet," has again been caught in
its disreputabe course and the members
of the gang that controls its policies will
be cited before Judge Lewis OF the dis
trict court to show cause why they should
not be punished for contempt of court for
publishing IN Its Issue Of June If the
signed confession OF Harry Thornc, who.
with Thomas Riley, alias James Hayes, is
charged with the murder of George W,
Fassc, in this city on March 26 last.
The trial OF Riley and Hayes was com
menccd before Judge Lewis on Monday
and the work OF securing a jury has pro-
grcsscd rather slowly during the past
two days,
BY the publication at this timo OF the
ThoTne confession which a,so duplicates
Riley, the Gimlet crowd went q little be-
yond its scope and Judge Lewis is OF
the opinion that such an act Is contempt
of court of the worst character and on
Tuesday instructed District Attorney
Loofbourow to prepare the necessary
papers citing the publishers OF the sheet
charge OF contempt. District Attorney
Loofbourow will prepare the papers today
against the Herald Republican Publish
ing company and those responsible for the
contempt Will have TO face the court.
Had Not Read 1t.
Soon after the morning session Of court
convened, Judge Lewis asked Attorney
James d. Pardec who is defending Riley,
If he had read the story IN the morning
Issue of the Herald Republican, OF
course Mr.. Par1ec admitted thaS he was
like a great many other people In this
state and had not been guilty OF reading
the paper mentioned, Judge Lewis then
adjourned court long enough 10 permit |
O hf,. i H. II.
ton and when court reconvened. Mr.. Par
dee Immediately asked for a con iinuance |
Of the case and a change OF venue on the
ground that the publication of the con-
Iession had greatly prejudiced the inter- |
nStS of his client and he could not have Il |
fair and impartial trial In this county. |
Court then adjourned until o'clock To |
give the attorney for Riley an opportunity |
TO prepare a formal motion and affidavit |
'or continuance and change OF venue,
AT that hour the affidavit Of Riley SET
ing forth the publication of the con-
'cssion of Thorne and copy OF the
he evidence and argued by Attorney |
'ardee. The motion was resisted by the
district attorney and Judge Lewis denied |
I for the present but Indicate that if il |
developed later that the Jurors yet to be
had read the article and had
been influenced by II he would permit
-he attorney to renew his motion for n
continuance at least.
UuuRG hcWlo
In commenting on the matter at the af
stated that the publication OF that con-
ession on the day OF the trial and while
he jurors were being examined was
serious matter and could not be over
ooked by the court He declared that II
Was u plain case of contempt and that
he court would instruct the district at
orney to bring the proper proceedings
OF the article citing them be-
ore the court for contempt.
Judge Lewis also took occasion to rep
and thought that perhaps
he officer who did II was bordering
cry closely on contempt. He declared
hat II the attorney. for the defense
evidence as has been done by the prose-
,ution, he would be laughed out of tl,s
state.
District Attorney Loofbourow stated AT
he close of the session Tuesday that he
would prepare the papers today and the
natter will be fully Investigated by the
.ourt.
May Go to Jail
Under the statute the punishment for
ontempt is a fine. OF not more than $500
IT imprisonment in the county Jail for
hrty days or both such fine and i'm
,risonment.
Out Of the eleven jurors examined in
he Riley trial Tuesday only cne addi-
ional juror was secured and at the rate
Il progress during the first two days il
will take a week or more to secure the
lccessary twelve jurors to try the case.
The juror secured on Tuesday Is David
Jeff, a stockman OF Mill Creek The
uror secured Monday Is Joseph NJ.
'ilvers. a building contractor OF this city.
III OF the other jurors examined Tuesday
gere excused on account OF bias and
with the exception of two who
we're challenged Derenlptorily, one by the
tate and the other by the defense
l.. r. Robinson created a little disturb
nee in court by his persistent efforts to
e excused from jury duty. He insisted
n telling the court that lie had read all
bout the case and had expressed an ]
pinion and had 10 be uuieted by n dcp-
" sheriff. Judge Lewis finally excused
I'm for business reasons, he being a
ruggISt. ,