The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-07-09
NEWSP PAPER MENg
ARE PUNISHED
Guiding Spirits of Herald-ReS
publican Found Guilty Of A
Contempt of Court. "a
z
GENERAL MANAGER HALE Il
is GIVEN JAIL SENTENCE
Stay Granted in Order to Pre-,
pare for Habeas Corpus
Proceedings.

The "Ciimlet,' ~ otherwise known all
tho Herald Republican, must pay fnt,
OF s400, George e. Hale, its generaw
manager, must pay a fine of $500 and
spend thirty days in jail; a. ]. Brown
managing editor, Paul Armstrong, actl
ing city editor. and Carl r. Williams-
court reporter, must pay fines Of SIP
each for the publishing Of the confes
sion of Harry Thorne before iur,
was seated TO try him for the murde
Of George W. FasseIl groceryman, tn,
night Of March 26, unless the suprem5i
court interferes with the Judgment os
District Judge Lewis, rendered Fridays
Thnre were two citations, ono fof,
The publication of the confession o.,
Thorne while the court was trying II,
obtain a jury to try Thorne g accom-,
plice, Thomas Riley, and the othels
for the publication of the confession,
at the beginning of Thorne's TRIAL. Thf
paper was found guilty ON b&th cita,,
tions, and fine of 5000 imposed foI
each publication, but the employee.
were found guilty on the citation fol.
| the second publication Of the confesy
| sion.
Hale Accepts Responsibility.
General Manager Hale accepted al.
the responsibility for tbe publication
of the confession, consequently the
court made his punishment moro ses
we're. The other employees said that
they were acting under orders from SUI
perior officers in the publication of Che!
confession, and their fines were'
nominal.
The paper Will carry the case tc
the supreme court OH habeas coTpus
proceedings, and a stay Of execution
until Friday, July Is, was granted tc
give the respondents counsel time t.
prepare petition for q habeas corpuf
writ The petition for a habeas corpuE
writ will be based ON the grounds THAI
the Judgment interferes with constitu.
| tional rights as granted In section !
of the state constitution, which sayy
that free speech shall not be abridged
The courts Judgment is based upog
that section Of the constitution which
and preserve itself in all cases. The
matter finally, however, reverts back
to common law, attorneys assert.
Week Of Grace.
The respondents, at 10 o'clock Fri
day morning, July l5, will surrende1
themselves TO the sheriff, but befort
the sheriff carries out the Judgment Of
the lower court the petition Of habeai
corpns writ will be filed in the suprem6
court. If that tribunal refuses to IN
terfere, the respondents have only the
pardon board to appeal to, which may
pardon for contempt, 1t is said,
In his argument, h E. Booth. repro.
senting the respondents, denied tha,
the publication Of the confession biased
the minds of the jurors. He said thai
the paper had no intention of lnter
fering with the selecting of q Jury, ant
set UP that to punish the respondent
for the publication of the confessior
would be an abridgmenJ Of the consti
tutional right of free speech. Mr
Booth's IS argument was i'll the nature Of
"A demurrer,
Judge Lewis's Remarks.
Judge Lewis did not ask for ann
authorities from District Attorney
Fred C. Loofbourow. He took the pub
fishing Of Thorne S confession in the
newspapers March 27. the day follow
ing the murder, as a matter of couEse<
Neither of the prisoners was on che
eve Of his trial, he said When the
trials started, however, Judge Lewis
held, the confession IN no sense, wa
news, and the only effect its publica-
the minds of talesmen and make "
difficult TO obtain fair jury.
Judge Lewis said that the court had
no intention of imposing punlshment
for the first offense, considering il an
inadvertence, until the second wa9
committed. The publishing OF the con-
fession at the beginning of Thorne
hearing. in the face of the first cits'
ton, Judge Lewis classed as dehance
of the court.