Show LOCAL happenings frum ui pally 0 ottaker 2 ALLEGED FIRE FIELDS appear fur trial A Conlin nance granted enli 1 l the preliminary examination of the alleged incendiaries was held before justice T V dee at the county court house yes erday oct ast 1st at i p m tho court room was comfortably fillad with who were noxious to learn the result of the trial quite a formidable array of what was at first thought to be for the prosecution freie sealed near the stand at win golden and J were brought in by the police officers and shortly after belnap and white brought in french H ll 11 and L it bogers appeared for the prosecution and murphy lv A painter appeared lor adf simms fredich not hav ng retained an at troey the ailed tor a con tina ance until Thura oay morning air painter asked for a continuance of the case sir fience was then asked hia plea lie eaid not guilty the prosecution stated that the iha continuance because they had been unable to procure A most material witness they hoped to find by the time tha trial should bocsor mr painter did not think that two men presumed bv the linto be innocent could be held from day to day awaiting the ar ayal of a witness whose testimony haq cot given by the prosecution in writing and whose namo was not even disclosed the prosecution dd not wish to disclose the name of the nor the testimony at thal alie proceedings unless the ourt absolutely ordered it dine the court granted the attorneys ten minutes time in which to draw ap an affidi Mt on ali li 10 pass bin ruling A recess was taken during ahe absence of kalapp and boera after a ten minutes recess die attorneys filed the following follow inc affidavit in the justice court of precinct io 4 county of weber territory of utah the people etc vc M ffrench MF rench william golden and james himmons Bim mons or UTAH 1 coulty OF william brown first being duly edom deposes and says that he is now an olgur of the police force of city that he is familiar with the facts connected with the ot the above entitled ac ann that for several days he has been actively engaged in obtaining and one john doe whose other name the people and this for good and substantial rea bons eons decline to agne but bag effir been unable to secure his attendance as a witness upon this court that he ha reason to believe that he will ba able to obtain the aten danco of said witness by october ard 3rd that the people ft ill be able to prove by eaid witness that the said defendants and each of them were present at and caused the fire by which the building mentioned in the information on file herein was destroyed that this application is not for the purpose of de laying the examination of this cause ant is made in goo and for the furtherance of justice WM sir murphy objected to the delay the state supposed to be ready almost half of the town were here as and yet this one is larking oar clients are thrown down into that black hole of calcutta where the vermin crawl on the walls and they hac no recourse we do not think them guilty and demand a trial mr If linler slated that if the whole was done under an indictment and the affidavit beet forth the proper name and the testimony of said witness and that the believed eaid witness cougil be obtained then there might be some ground for delay tim witness is conveniently missing why ia be not here where did he go after the fire it is certainly a hardship to force men to ba in jail until oc bobr ard 3rd because the etal has arrested them and failed to secure their witnesses who this man is I 1 dont isnow he ia a n gereon a byth or a scoundrel and they dare not put bis name on paper it he ia an honest roan he mill tell die truth under any aid we would not tamper with him I 1 lay it ia such a hari lahip that the court will not let them be in jail because the has failed to do their duty they present a mythical ganzy affidavit you can tee clear through it and they state that it in not fair delay it aa a delay any way it is lacking in every eaf enolal in order to have credence in ibis court mr rogers ad we resent the fr made by a sti aiger in our aidt that llie prosecution are not laith counsel refers to gentlemen innocent men we presume them innocent but men commit crime and fires have taken place why dont we bring this mythical john doe here if he Is an honest man the act h he is not an man he belongs to the scum of nd thit is ft by we do not give bis name secure him due has been aeed in mccurin ic curin this mythical man who is no an honest man mr painter ilia testimony ba worth much lien would it mr gogek weli it might be a bland off with the defendants the court held blut the affidavit under the pe ullar circumstances arc themselves waa and the continuance was granted until oct ard 3rd 10 a ro |