The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-06-08
SENATE COMMITTEE
MAY TRY LOR|MER
lContInued prom PaFe One.l


every means within its power to delay
the case.
When court Adjourned at 4:5o D. m
the state had rendered four .prospec-
tive Jurors to the defense. The trial win
be resumed at 10 o'clock tomorrow
morning
Despite a technical fight by his at
torneys, Browne was brought into
Judge McSurely's court shortly after
noon on a forthwith capias. The trial
then began in perfunctory manner.
but none of Brownies counsel would
enter court and all remained in an ante
ROOM Judge McSurely finally ad-
journed court until afternoon.
The busy day opened when Judge
Kickham Seaman denied application
to the defense for a writ OF habeas
corpus. The arguments had been made
yesterday and the Judge delivered his
court The main contention OF the de-
Tense was that state legislators, while
sitting in a joint assemblage to elect
a United States senator, were not state
officials. but federal officials, and
therefore amenable only to the federal
courts.
In his decision Judge Seaman an
swered this argument by quoting the
United States constitution and statutes
governing the election of senator's.
THE national government may have
the power to regulate the procedure Of
certain state officials without in any
way changing their character or their
identity from state to federal Off
Gals" concluded Judge Seaman.
Counsel for the defense waited until
States Attorney Wayman and his as
siStants had left the court room. and
then former Judge Elbridge Hanecy
filed a petition for an appeal from the
decision While Mr.. Hanecy was max
ing his argument for the appeal, Judge
McSurely was waiting for Browne in
his court to begin the trial.
Forthwith Capfas Issued.
When Browne did not appear. Judge
McSurely issued a forthwith capias for
him and also declared his original bond
of $4,000 forfeited. When it was eX-
planned that Browne was still in Judge
Scanlan's court awaiting a decision on
the appeal Judge McSurely ordered
service on the capias delayed. The for
feiture of the original bond cannot be
held. as Browne surrendered to the
sheriff when the application for the
habeas corpus writ was made and had
b en- released on a new bond. BY or
dering the bond forfeited. Judge Nc
Surely showed that he took no cogni-
zance Of the habeas corpus action.
After listening to Mr.. Hanecy's argu-
ments for some time, Judge Scanlan
said that he would give his decision on
the application for an appeal at y. m.
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 TO file a
/ bill of exceptions. leave to file an as
Segment OF errors and leave to file a
/ bill of exceptions with the Illinois SUI
preme court, but all were denied.
| Browne was remanded to the custody
OF the sheriff and taken to the Grim
inal court for the opening OF his trial
/ Charles A. White. Brownies principal
! accuser. and Browne met at the en-
/ trance to the criminal court building
but neither noticed the other.
/ Before the examination Of the We
niremen was started W. S. Forrest. for
| the defense, made formal motion that
Browne be discharged from custody.
] Judge McSurely Immediately denied
the motion. A motion to quash the ca
/ pias was also denied. The defense then
| asked for a delay until June 20, but that
was denied.
While the veniremen were being ex-
\ amined a new bond for $4,000 was
| signed by Browne.