The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-27
DEFENSE TO INSIST
upon CONT|NuAN|
Delay la in Viii! Case Threaten|
That May Mean Dischargss''
of Present Jury.
BELIEVED MOTION WILL
NOT BE GRANTED, THoIra
Almost Certain That Bitter,
Contested Action Will End
in Supreme Court.

Delay that may mean tbo d;.oh.
OF The present jury and thc Lar.
obtaining another is threatened in !,
Brown" Bradley will contest casc III
court convenes in Judge Morrio
Rltchle s division OF the third a;.,.
court at 10 O'Clock Monday mornine
The defense viii then insist noon
motion for continuance, made II
Friday afternoon, aud JUDGE pou
chief counsel for the Bradley cbildrs
Will combat the motion. II tho %
tlnuanee is granted for longer than
day or so il Will mean that the nro..
Jury Will have 10 be DISCHARGED =.
another procured. 1t took two dnys =
half to seat this jury.
Grounds for Continuance
The defense is seeking a continua,
on the grounds that it is not prens,
10 meet the issues as they will be Y
seuted as Indicated by Judge PoweH
opening statement 10 the jury. n
complaint, the defense contends. staI
an action at common law, iuasmuch
1t does not specify whether the Brad
children arc legitimate or illegitima
and the word child' or 'ecbildre1
carries with II the presumption
legitimacy, but Judge Powers, in
opening statement to The mrv Il
argued by the defense, outlined
action under the statutes, recitinp IN
tho children are illegltimate. UndeT
common law action IL must be sho.
that the father admitted tho child
children to the home presided over \
hls lefal wife. if such he has, TO recoyc
while under a common law action th
ls not necessary. Senator Brown .
fered 10 take the Bradley children INF
his home, but never did so, II is sai.
The defense relied so strongly uno
its motion to take the case out 4
court that II subpoenaed no witueye,
Judge King said when the court oye
ruled the motion, and it therefore ",
not prepared to meet the issues as IN
lined by Judge Powers and asked Ia
continuance. Judge Powers resiste,
charging bad faith, but as it was lat
IN the afternoon and as Saturday
regular motion daY, he agreed 10 a co,
tinuance until Monday morning. "
court suggesting that the attorneys I
both sides get together and try TO a
mst the matter amicably The defen
decided at a conference Saturday 10 /
sist Monday morning upon CONT
uance.
Continuance Doubtful.
The court expressed itself as bel
willing 10 hear further argument frs
the defense as TO why the case shou
be postponed. but indicated Friday I'll
unless stronger reasons are advanced
the postponement that the continuan
will be denied. and it looks doubt
now II the application for 4 postpo,
mene Will be granted. Judge Powe
wall resist the request for continual
on the grounds of bad faith and ";
contend that the defense should nj
have relied so implicitly upon its M,
tion for dismissal. but should hay
gone ahead and subpoenaed its wi
neSses.
Whichever way the jury decides
is almost certain that the case will /
TO the supreme court finally. and it
| equally as certain that If the plaintii
win, the defense will carry the acti,
30 the supreme court on the groun
that tho trial court erred In its refns
TO grant the dismissal motion. Th
much was indicated by Judge Kin
chief counsel for tho defendants, II
day.