Show 1j I 1 j TURNING THE TABLES I Witness 1 C Davis in Jail j Charged With Perjury I REFUSES TO PROSECUTE COUVTY ATTORNEY CLAIMS HE OUGHT TO HAVE HEEX CONSULTED Before the Warrant Wan IrfHiieil Wants Davl Dhwhurlcl But JnJ ticc Harvey Declines to Accommodate Accom-modate Him unit Davin Is Keleasctl on S5100 Bonds A Inlet Day in the DlHtrlot Court Probate Orders and Court Notes I was not any very great surprise when L C Davis who figured in an unenviable light in the Bamberger Morris bribery case was arrested yesterday yes-terday afternoon on a charge of perjury per-jury The complaint which was sworn toby to-by Joseph n Morris in substance charged that L C Davis on March 18 1896 falsely corruptly and feloniously felon-iously swore a a witness in the Bam berger lorrs case that he came to Salt Lake from Denver about July 2 or 3 1893 and stayed here about two or three weeks except that he made two or three trips to Ogden during that time that he stopped at the Knutsford hotel all the time lie stayed here and that he met Herman Bam berger on the street in Salt Lake a I few days after he arrived and was introduced to him by Mr Bird that about July 15 1893 he met Herman Bamberger and J R Morris in the barroom of the Knutsford Mr Cahoon Mr Wantland and another man were with them and Bamberger introduced him to Morris Cahoon Wantland and the other man that Bamberger asked him for an estimate of the cost for supplying the iron work for the city and county building and Bamberger asked Davis What is there in it for us and Bamberger further said they wanted 10 per cent and among other things that Bamberger suggested that Davis should write to Oils fn the Winslow Bros tit I is alleged that Davis did not come to Salt Lake on or about July 2 or 3 1S93 as the said Davis then and there well knew and did not stay in the city of Salt Lake two or three weeks and did not stop at the Knutsford during the said two or three weeks as the said Davis then and there well knew and the said Davis did not or > July15 1893 or at any other time meet Bam berger and Morris with Cahoon and Wantland and hold the alleged conversation conver-sation with them then or at any other times and that no such conversation ever took pSace all of which was well known to Davis It is charged that I the evidence was given by Davis wilfully wil-fully corruptly and falsely and the same was known to Davis at the time tme t 0 false I DAVIS ARRESTED The warrant for Davis arrest was issued by Justice Harvey and put into the hands of the sheriff whose deputy found Davis at the Knutsford hotel and at once arrested him I Davis forthwith communicated with his friend County Attorney Whitte more who appeared before Justice appeare Justce Harvey when Davis va arraigned not in his accustomed role of a prosecutor prose-cutor but a a pleader on behalf of the accused while the complaining witness wit-ness Mr Morris was represented by I Attorney Joseph Lippman of Powers Straup Lippman WHITTEMORE REFUSES TO PROSECUTE PROS-ECUTE I 11 Whittemore opened the proceedings proceed-ings by stating that the warrant had been issued without his knowledge I and as far as he knew without consultation consul-tation with any of his assistants The i I court said counsel has issued the warrant without my consent The court has jurisdiction to do so but it I has been the custom t refer applicants ant for the issuance of warrants of arrest to the public prosecutor who is used to examining into the merits of such cases and this custom often saves the county a great deal of expense ex-pense by preventing prosecutions being instituted through personal spite or malice I know the circumstances of this case and it should have been referred re-ferred to my office I will have nothing noth-ing to do with a prosecution of this I kind I it became my duty to prosecute pros-ecute it I should have the proceedings dismissed The Court On what do you base your reasons for not prosecuting Mr Whittemore said the public prosecutor pros-ecutor had not been consulted He was satisfied that a conviction could not be had and that the prosecution was instituted for personal gain by the complaining witness who was under three or four indictments and by this move sought to intimidate other witnesses wit-nesses and prevent them from coming here to testify and he didnt propose to lend his assistance to any such a game The matter might have been brought before the grand jury but as i is he requested that the case be dismissed dis-missed U rne < jourt xne status of the case is just this A criminal complaint has been sworn to charging perjury serious ser-ious I crime The defendant is here and I have waited to hear from the county attorney out of respect for his office Do I understand that the county attorney at-torney moves that the defendant be discharged Mr Whittemore stated to you that the defendant ought t be discharged but if you choose to investigate you can do so Mr Lippman said the charge was a serious one and the statute was plain the court ha jurisdiction to issue the warrant and an investigation ought to t jury be had I was a plain case of per DAVIS GOES TO JAIL The CourtI generally refer generaly applicants cants for warrants of arrest to the county attorney I have never drawn a complaint except In a case of emerg ency a I dont care to sit In judgment on my own pleadings In two other cases one against exPolice Sergeant Ford and one against exPatrolman DeYoung issued warrants without consulting the county attorney This complaint is in due form I have read I it over carefully The complaining witness wit-ness plainly charges perjury He is a reputable citizen and has stood well in the community I never heard any thing against him until the indictments referred to by the county attorney were returned I will not dismiss this case without a hearing The defendant I suppose desires the advice of counsel Davis said he did and pending the preliminary hearing his bond was i fixed at 500 Mr Whittemore went out to seek bonds for his friend and after some rustling succeeded and Davis was hearing turned loose pending the preliminary |