The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-10-10
SM0OT ORGAN
HELD GUILTY IN
CONTEMPT CASE
u. S. Judge Renders Decision
Against Herald-Republican,
General Manager and
Managing Editor.
NEXT MONDAY FIXED
FOR PASSING SENTENCE
Defendants Refuse to Discuss
Case and Their Attorney
Is Not Decided as to
Course to Pursue.
TN a decision rendered yesterday
l by Judge John \. Marshall Of

| by Judge John A. Marshall Of
l. the Uuited States court tho
Herald Republican Publishing
company, George Z. Hale, It's gen.
eral manager, and Arthur j.
Brown. managing editor of the
paper, are held to be III contempt
of court. They are ordered TO ap-
pear for sentence next Monday.
Fred Bagby, also a respondent III
the contempt proceedings, and
city editor of the Herald Repub-
lican when the offensive articles
were published, was discharged.
Arose From Sefrit Case.
Last May, in the United States court,
the case of Frank !. Scfrit against the
Telegram Publishing company was
tried During the progress of that
trial the Herald Republican pub
lished number of articles bitterly at
tacking former Senator Thomas
Kearns. -who was a witness in the case.
The contention was, aud that conten-
tion has been upheld by Judge Mar
shall, that these articles were published
with intent to Influence the jurors.
a short time after the conclusion OF
the Telegram trial an affidavit
was fled by Senator Kearns through
his attorneys. Powers & MarioneauS,
calling the attention Of the court To
the articles. and asking that the paper,
Hale Brown and Bagby be compelled
to show cause. Judge Marshall ordered
the dismissal of this action, which was
in the nature OF n civil proceeding, aud
directed the United States district
attorney to file criminal information.
District Attorney II. i. Booth, being
an officer of the Herald Republican
company, was excused from appearing,
and the information was filed by Mr..
Booth s assistant.
Testimony at Hearing.
At the hearing. which was held on
September Is, testimony was intro
duced to prove the publication of tho
articles, the articles themselves being
offered in proof. Testimony was also
offered to show that the Herald-Re-
publican was circulated In Salt Lake
and in the near vicinity OF the federal
courtroom wherein the Sefrit'Telegram
suit was being tried. Three of the
iurors had testified on their examins-
ton for qualification that they were
readers of the Herald Republican, ard
il was shown that one of them bad
copv of the paper when he entered the
courtroom on one morning of the trial.
The case was prosecuted by Mr.. Nc
Crea and Judge o, w. Powers, who was
given permission 10 present evidence.
Judge j, w. n. Whitecotton OF Provo
and Charles II Morris OF this city ap-
pcared for the respondents. The only
witness introduced by the respondents
was Mr. Bagby, who testified that he
had not seen the articles. and that he
would not have had authority to pre-
vent their publication if he had seen
them.
The hearing was largely devoted 10
the citing OF authorities. AT the con
cluson of the hearing Judge Marshall
granted the prosecution twenty-tour
hours within which TO file brief. and
thereafter the respondents were to have
two davs in which to file their brief
Yesterday Judge Marshall rendered his
decision. finding the defendants, save
Bagby, guilty. OF contempt
Future Course in Doubt.
Judge Whitecotton WAS commun'-
Gated with by telephone at his Office
in Provo Judge Whitecotton said the
respondents had not determined upon
a future course of action. He was uu-
able to say Mt this time, be said,
whether or not an appeal 20 the cir
cult court would be taken. The right
of appeal lies with the respondents. At
least 10 the circuit court of appeals,
but there appears to be some doubt as
to whether or not the matter could he
taken to the supreme court OF the
United States Attorneys who were
asked yesterday said they were not
sure on the point.
T.. III. Caliister, n director of the
Herald Republican company, said yes
icrday afternoon that he and his asso-
ciatcs were unable TO say what
their future action would be. They
awaited the result of a consultation
with their attorney, said Mr.. Callister.
Mr. Hale and Mr., Brown declined TO
discuss the matter.
Section 725 of the Revised Statutes
of the United States places the punish
ment for contempt entirely In the
hands of the court This section is
quoted by Judge Marshall IN his de-
Continued on Page Three.l