The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-06-08
Indicted on Charge of Bribery
in Connection With Election
of LOrimer.
ATTORNEYS FOR DEFENDANT
MAKE A HARD FIGHT
Determination Seems to Be to
Probe Illinois Scandal to
the Bottom.

CHICAGO. June T.-Lce O'Neill
Browne, indicted on charges of bribery
In connection with the election of VIII
liam Lorimer as United States senator.
was finally brought to trial before Judge
McSurely In the criminal court late TO-
day, after the defense had exhausted
every means within its power TO delay
the case.
When court adjourned at 4:5o p. m.
the state had rendered four prospective
jurors TO the defense Tho trial will be
resumed at 10 o'clock tomorrow morn
Ing.
Despite q technical fight by his attor-
ncys. Browne was brought into Judge
McSurely's court shortly after noon on
a forthwith capias. The trial then be-
gan in n perfunctory manner, but none
OF Brownies counsel would enter court
and all remained IN an anteroom, Judge
McSurely finally adjourned court until
The busy day opened when Judge
Kickham Scanlan denied application for
the defense for writ OF hlDeas corpus.
The arguments had been made yesterday
and the judge delivered his opinion i'm
mediately after opening court, The main
contention OF tho defense was that. state
legislators, while sitting in joint as
tor. were not state officials, but fed
cral officials, and therefore amenable
only 10 the federal courts.
Decision of Court.
In his decision, Judge Scanlan answered
this NJ gument by quoting the United
States constitution and statutes govern
ing the election OF senators
The national government may have
the power TO regulate the procedure Of
certain state officials without In any
rl,..y f.t rl1DNI-
identity from state to federal officials,
concluded Judge Seaman.
Counsel for the defense waited until
States Attorney Wayman and his as
sistants had left the courtroom and then
former Judge Elbridge Uancey filed a Pc
tition for an appeal from the decision
While Mr.. Hancey was making his argu-
ment for the appeal Judge McSurely was
waiting for Browne in his court TO begin
thu trial.
When Browne did not appear, Judge
McSurcly issued q forthwith ClpaS Tor
him and also declared his original bond
OF SIS 900 forfeited, When il was eH-
planned tnat Browne was still in Judge
Scanlan's court awaiting decision on the
appeal, Judge McSurely ordered service
on the capias delayed. The forfeiture of
the original bond cannot be bold. as
Browne surrendered to the sheriff when
the application for the habeas corpus
writ was made and had been released on
q new bond. BY ordering the bond for
feited, Judge McSurely showed that he
TOOK no coSnlIaHCc Ol tile n6pcdS corpus
action.
After listening to Mr.. Hancey's arGu-
mcnts for some time. Judge Scanlan said
that he would give his decision on the
application for an appeal at p. m.
Defense Plea Futile.
At that hour. Judge Seaman an
nounced that he would not grant the
appeal from his decision on the habeas
corpus writ The defense then made
motions for an appeal, leave 10 file a
bill of exceptions. leave TO file an as
signment OF errors and leave TO file Il
bill OF exceptions with the Illinois SUI
preme court, but all were denied.
Browne was remandcd TO tbs custody
OF the sheriff and taken TO the criminal
court for the opening of his trial. Charles
a White. Brownies principal accuser,
and Browne met at the entrance to the
criminal court building. but neither no
tiCed the other.
Before the examination OF the vcnire-
men was started, w. $ Forrest FOR the
defense made u formal motion that
Browne be discharged from custody.
Judge McSurely Immediately denied
tho motion motion 10 quash the
capias was also denied. The defense then
asked for a delay until June 20, but that
was denied.
While the vcniremcn were being cN-
nmincd a new bond for $4,000 WAS signed |
by Browne.