Show BilyJ Birr the standards editor arrested A private prosecution by LiBEi iAL bmw uda iu fhe Elec BUD AD selected SELECT tD jo a val itt flat their EDITOR CAHO ARRESTED A public ly a AKorn ry Ye morning frank J cannon editor of THE STANDARD was arrested by deputy marshal hudson on a warrant charging him with hav aug committed the crime of libel upon one J it the warrant ft as issued by commissioner 11 W cross and air cannon as immediately taken before that officer some fiody who was designated as mr perrin as sent lor iii order to decide w lien the case should be heard hot as be failed to respond the matter aas continued until 2 by the commissioner at that hour defendant appeared in court with his counsel kirn bull and allison aho are also the attorneys for THE company in the libel suit brought against this paper by the person calling diio belf captain J it the complaint against the defendant was produced and read as follows united states utah 3 comlat county of weber to K V crow of awit atif find tam john it of in the county of weber territory of utah in behalf of the people of the territory of utah on oath complains eliat frank J cannon of ogden city hi the county of weber and terri lory of utah on the day 0 january in alie year of our lord one eight hundred and eighty nine at ogden city iu the county of weber and territory aforesaid did print publish and circulate in TUB a newspaper of which be is editor and which is largely read throughout the territory of utah and ail territories the follan log willed and and criminal libel against this attiani under the pretend prete nM of giving the evident 0 introduced in a trial against this affiant to wit muttering I 1 take a ahot at you also that the proof further t that sprunt lid boated up notices on the land and it was ills clam that acting under W II 11 williams had torn the notices down and posted up outliers ut liers claiming it for williams which statements are false and which were circulated on the day ft january and which were intended with tho balance of lie article to injure the character and business of affiant contrary to the form of the statute in euca cases made and provided and against the peace and dignity of the people of the territory of utah und complainant prays that a warrant may issue tor the arrest of raid frank J cannon and that he be dealt with according to law JOUN it complaisant subscribed and sworn to before me this day of january A D 1889 it W commissioner supreme court ter citory of utah at this boint kimball anler mooed an objection to the in the ground that it did not allege any public alio statute detloyd libel and so far as the complaint comp faint showed no such crime bad been committed said mr kimball one of the statutory definitions is that of any publication tending to blacken I 1 he memory of one who ia dead we ilo not believe that claims to be dead but he claims to leave been injured in his character char acler and business hut there is nothing in the complaint to glibow that be haa now or ever did leave any business mr berrin who with Middle roias was sitting at the commissioners left hand immediately arose and prepared to address the coort in of ahn complaint and in opposition to mr kimballs Kim balls motion but counsel lot the defend objected to perrins appearance in the matter and showed early from the statute atiat a prosecution brought in the name of the people cf the territory must ba commenced and by the district attorney he prosecuting attorney or the appointed of one of these officers in alila matter no public prosecutor biad leen consulted and done as in the case if private parties could secure private attorneys and invoke the name of the people of the territory in criminal to correct real or fancied injuries there would be no end to the expense entailed upon tho territory wenla the chonen depre of tho people might leave no voice in lie mat er to decide whether the case aas meritorious the plain letter of the law was quoted in support of this it was not bat that the prosecuting witness might have advisory counsel hut it was that private counsel could not c and conduct a prosecution in he name of the people 0 immis ioner croas asked what if all these were absent from chete were unable to act would you do then mr rogers but they are not absent mr allison it does not that they have even been consulted mr kimball even the private counsel who appears here claims that lie does not know it thia is a oua action which should involve the expenditure of public money mr courso I 1 am in and ilo not vant to 0 o havo to commissioner cross the court fieldi that mr ferrn may remain aud eljia prosecution mr berrin arosa and waxed anini ancl in defending hw client middie mafla and the compliant com plant that person lie maintained that TUB mis with an crime ing down notices upon anter luana then lor the moment mr leiria seemed to forzet aliu waa his client and to allow the of lii on nature to abear and do eloquently inquired steea an lionnet inan tear down notices does a tuan of rood reputation do a criminal iliin liko that the only to these startling luef tiona was alie crack of the captains ng lie croppe 1 it suddenly upon alio floor upon tire sufficiency of the complaint the commissioner then overruled mr Kini balla objection object iou mr fernn asked for a continuance of alie casa to secure ses from a distance the decenco insisted aion its right and a to so to trial at once mr allison fi doting alio llio law provides for an immediate ei in andi babes except upon atlida vit showing good cabie for that certain persona named hy liim residing in ogdan salt aake and amery county were wit nessen in hia behalf or in the so called behalf of the fecile Fe oile of the Territory of utah mr alliason showed that witnesses residing more than miles away could not be compelled by process 0 atia cammi court to attend and that it would be useless lo 10 delay lie matter to send for theae persons the defence was ready for trial and insisted upon proceeding aa the only witnesses amenable to tills court were within easy access wanted aeo J marsh of augden adam paul ilog 1 erson of alt lale and several parties from emery county but when mr allison made the point that the process of the commissioner was of no avail outside of the district waved his hand in a lordly way to the court and remarked you can sub mr karsli and I 1 a ill take care af the others I 1 will bring them here at my ow expense I 1 may also aeed mr rogers as he was present at the trial in almery county but we will not hiiri now mr bogere you need not worry probably bee me in this case alien im wanted the commissioner his intention to grant the continuance aad left it to the attorneys to agree upon the lime in discussing this point mr perrin said 1 I have not business here 11 ll mr that is just what we have been maintaining all the time lam not only willing to admit that you have not much business liere but also that yon haie not any business here the continuance was then granted by the commissioner antil friday morning at ten released on his own recognizance mr kobera we do not de kireto have defendant released on his own recognizance A discussion than arose as to the amount of bil which should be fixed whether or 1000 the latter sum bt lo 10 lie settled upon and then mr bogers said now we decline to cite bail you may remand the defendant at his point tho commissioner insisted that tho defendant should go out on liis own recognizance but mr allison read the law which states plainly that when an this character is continued one of things shall be done alie prisoner shall be remanded to the custody of the sheriff or other executive or he shall be admitted to bail if he offers proper bail or he ahall be discharged therefore it the court refused to remand the defendant to prison and no bail was offered the only alternative was to discharge him but the court remarked that he did biot fear but that the defendant would be in attendance at the time fixed and the court adjourned in order that the public may understand the situation of euils we will state that on the logli bui t THE published what it then believed and still helie iea toba a correct account of lie proceedings of the person MiddIe misA in a contest over some coal claims in imery county in which ciomo of the leading and most reputable citizens of ogden we do not mean here are interested the Middle misa planted suit for damages against THE publishing company in the bum tl OOOO smith smith and perrin being his attorney s had been arrested for hia action hi amery county in the coal claim contest and charged with the peace and his trail took blat e on the dinst on alie TUB STANDARD what it believed and still believes to bo a cor and unbiased account ot tha pro before a justice of the peace in emery county inthe person this of course was a local article wo made no r ferrence to the matter editorially nor did I 1 he editor write the article in question it waa written by the local reporter shorthand notes taken at the trial yesterday the arrest of the editor took place as elated above I 1 |