Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-09-20
D|N|NNY GIVEN
JAIL SENTENCE
But the Judge ReIentS After Ex-
plantations Are Duly
Made.
THE JUDGE RULES THE COURT
He Made This Plain This Morning and
Backed Up His action With
Tic statutes.

Judge II. J. Dininny city attorney.
| walked into sentence Of one day in
Jail for contempt OF court this morning.
and as quickly walked out Of the SEN
tence of the court by receding from the
manner in which he had attempted to
block the wheels of justice
II all happened in the police court.
and grew out of the now celebrated
case OF the city of Salt Lake VS.. Pa
trolmdn c. w. Pitts. Judge Whitaker
again made 1t plain that ne alone, and
not the police or the city attorneys Of
fee, Is presiding over the court.
There was stir in the courtroom
when II was seen that Asst city Atty.
w. >. Dalton was not present when
court was convened this morning. In
stead Judge Dninny sat IN his place,
lie was enveloped In "A deep cloud OF
mysterious reticence. The first case
was called and still MIR. Dininny sat
in brooding silence
just then Mr.. Dalton. immaculate
and iaunty, walked in. laid his walking
stick on the table and looked at Judge
Dininny, The city attorney and he ex-
changed glances Of the same dark and
cloudy mystery.
Clerk Canning called the case OF
Virgil Mccain charged with begging
Mccain pleaded not guilty to the
charge. Judge Whitaker looked at
Dalton. The clerk called the witnesses
No one moved There was a strained
silence for a moment and Dalton
arose. The city attorney has had no
opportunity to examine the witnesses"
he said. ''We know nothing about
this case Judge Whitaker looked
surprised
JUDGE DUMMY HEARD.
Then Judge Dlninny arose and the
air of gloom and portentous hap
pening was broken In his best voice
he prepared himself and delivered the
following: 1.-THE matter of the au-
thority of the city attorney may as well
be understood now "a any other time.
The city attorney Is not required 20
furnish a prosecuting officer TO this
court From time immemorial COM
plants have been issued by the city
attorney
lie made complaint with and
handed It to the clerk of the court
who issued the warrant. The city at
torney or his assistant has laways eN-
amined witnesses and then N after the
complaint has been fled there is any
error II can be threshed out in open
court. deny the right Of the court 10
issue complaints and have to say that
II the court takes the stand II did
yesterday the city attorney will with
draw from this court. So far as the
arrest Of this police officer (meaning
Pittsl 4 take that on myself, for I
ordered il on tho facts submitted 10y
Mr. Dalton. So far as am concerned
the police officer Is the same rs any
other citizen. What we want to know
now Is whether the assistant city at
tornev is an officer or an office hoy
of this court? We will not move until
such time as this matter IS threshed
out"
Judge Dininnv sat down. Judge
Whitaker fingered his pen nervously
and looked around.
You are sentenced to one day I'm the
city Jail for contempt Of this court"
quietly said Judge Whitaker. Dininny
whtened. The wind was all out Of his
sails. The spectators gasped- Judge
Dininny arose and 70 was evident from
his manner that tho bubble had been
burst. Tho court was triumphant
CITES THE LAW.
a long argument followed. Judge
Dinnny wanted to know by what au-
thorty the court had sentenced him
Judge Whitaker referred to chapter A.
section 3.35S. paragraph Of the re-
visod statutes. II reads. under the gen
eral heading OF contempt: "Misbeha-
vior In Office or other wilful neglect or
violation of duty by an attorney. coun-
sci. clerk sheriff or other person elect
ed or appointed to perform n judicial
or ministerial service" may be In con-
tempt.
The city attorney asked that the SEN
tence he put on the minutes. Judge |
Whitaker dictated the following to |
Clerk Canning; When the case Of |
the city against Virgil McMann was |
due and regularly called for trial, the |
city attorney. being present. refused 20 /
examine witnesses in said case, said |
witnesses being called, and refused 20 |
such action. The court ad- |
nonished said city attorney 10 proceed |,
with such action and thereupon"--it got
no further. Judge Dininny was done.
He had enough. and proceeded 10 say
TO the court II was merely because the
city attorney knew nothing about the
ease In question that the action he had
taken earlier had happened Then the
case was continued until tomorrow.
The next case OF Oscar Richardson
came under the same heading and was
also laid over until tomorrow Judge