The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-08-07
SENDS DARROW
CHIEF COUNSEL
To COUNTY JAIL
Court Finds Earl Rogers
Guilty of Contempt; May
Escape on Habeas
Corpus Writ.
DEFENSE ANNOUNCES
CONCLUSION OF CASE
mysterious Dark Man" Gives
Testimony; Hartman Says
Mcnamara Pleas Beat
Him for Mayor.
By International News Service.

OS ANGELES. Aug. 6.-The OAR
trial was halted again this
afternoon by the court fning Earl
- Rogers. chief counsel for Clarence
Darrow. $50 for contempt, with the
alternative Of five days In jail Later,
upon the statement OF Horace Appel OF
Darrow's counsel that the defense would
be unable to proceed. the court modified
the order, making the alternative 'im-
prisonment In the county jail from now
until 0 tomorrow morning" and ad-
journed until 10 o'clock tomorrow morn
ing.
Rogers immediately secured writ of
habeas corpus, issued by acting Presid-
Ing Judge Seawell OF the superior court,
returnable next Monday at 10 O'Clock.
May Escape Sentence.
Rogers and his associates say that
under this writ he has escaped from the
jail sentence. no maatter what, may be
the decision Of the presiding judge on
the showing Monday. They point out
that the sentence was not for definite
period in jail. such as twenty-four hours,
and that next Monday the specific time
Of the Imprisonment specified having
passed, there can be no imprisonment
| under the order.
The incident grew out OF the prosecu-
TONS production in court of the man
whom they say Is the mysterious dark
stranger" who figured In the testimony
of witnesses for the defense as the man
from out OF the city. who gave Franklin
$4,000 brihe money. He was o. II. +.
Mayer, a sallow. black haired youth who
testified that he worked for Bert Frank
lin. Investigating prospective jurors for
the Mcnamara defense.
Calls Witness Perjurer.
Rogers subjected the witness to
bitter cross examination that WAS full
of scorn and raillery. laughing In the
face Of the witness and staring at him
through his lorgnette
District Attorney Fredericks objected
to question as a waste of time.
NO. we are showing up this per-
jurer." declared Rogers.
Judge Hutton halted proceedings and
tried to get Rogers to withdraw the
remark, but Rogers insisted that he be-
Iieved the witness was a perjurer and
that he was justified in calling him that
to his face.
I'm argument" said the court, but
not while the witness is on the stand.
The court cannot permit that
Guilty of Contempt.
After speaking Of the seriousness of
counsers offense. Judge Hutton an
nounced that Rogers was adjudged guilty
of contempt and was fined 500.
what is the alternative?" demanded
Rogers. ''I will not pay the fne."
The court said the alternative would be
FIVE days in the county jail. That order
was later modified and Rogers remained
In the custody of deputy sheriff only
until the writ of habeas corpus was Sc
cured.
Mayors testimony followed a further
examination by the state OF Leonard Sho-
Der, who WAS watchman at the Nc
Narnara defense offices and who had tes
tIfied that on the morning OF November 2S
Franklin came to the offices about Z
o'clock with "A sallow. dark man, wnom he
had never seen before, and that he left
and did not return before 9;3o. Frank
Inns testimony was that he came to Dar-
rows Office that morning about o'clock
and received from him the $4,000 which
he used In the bribery.
Not the Man.
Shober had been confronted with May
er in the district attorneys office this
morning. and OH cross examination was
asked II he was the man he saw with
Franklin. Shober declared that he was
not.
Mayer testified that he went with
Franklin TO the offices about Z o'clock
Monday morning, November 81, and that
he saw Shober. The prosecution contends
that Shober was rather uncertain as TO
the date and that In reality nc saw
Franklin and Mayer there the morning
OF the 27th. not the 2Sth.
On cross examination by Rogers, May
er said that he had fixed The date from
the fact that he had on that same day
paid his tailor for the suit OF clothes he
was wearing and that when he read in
the newspapers OF the mysterious dark
stranger he went 10 the tailor and found
the payment was made November 27
The defense closed Its case this morning
but haa reserved the right to call an ad-
ditiopal witness or two. The prosecution
opened It's rebuttal, reserving the right
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