Salt Lake Telegram | 1937-02-16 | Page 21 | Defense Seeks Delay in Trial after Protest

DEFENSE SEEKS DELAY III TRIAL i AFTER PROTEST i Prosecutor Ready to Try Case in Which Speed Asked Replying to a protest he allegedly delayed tli cut, District Attorney Cahrin W. Rawnngs appeared in district court Tuesday with word he waa ready to proceed with trial of Ralph Draper, 22,' and Delbert Peterson, 22, accused of aaaauit with deadly weapon. Joaeph Fratto, defense attorney, protested to Judge Herbert M. Schiller Saturday that the eaae was "not even on arraignment calendar because the district attorneys, both -of them, are attending some sort of "a meeting In California i As a result. Judge Schiller directed the county attorney's office to file I informations against the defendants, defend-ants, ordinarily a function of the 'district attorney. ! Beady Far Trial ! "Apparently the defense demanded de-manded Immediate trial," Mr. Rawlings told the jcourt Tuesday. "Statutes give the district attorney 30 days in which to file Informations, Informa-tions, but the court saw fit to have one filed. We are ready for trial" However, Mr. Fratto said the defense de-fense would not be ready until Thursday, to allow Vere L. McCarthy McCar-thy to enter as associate counsel and familiarise himself with the case. "I believe Mr. Rawlings misunderstood misunder-stood what I meant Saturday," Mr. Fratto said. "The defendants have been held In Jail, with na Jurisdiction Jurisdic-tion over them, io I asked that Informations In-formations be filed." Statement Differ Judge Schiller then remarked that Mr. Fratto's "statements today do not represent the situation presented pre-sented Saturday." "I do not believe there are many Jurisdictions in the United States where cases are tried as expeditiously expeditious-ly aa here," he said. "The district court has a fine record and la proud of it. I do not think In the nine years of Incumbency of present judges, the calendar has been as clear aa at present" 1 was not trying to cast reflections reflec-tions on Mr. Rawlings or bis office," Ma. - J-raUe -interjected. - n -think, since the calendar is up to date, we are entitled to trial this week." Judge Schiller aald since another case was ready and there waa no plea In the Draper-Peterson case, "it may be a bit precipitous to force the defendants to trial today." Wont Force Trial Mr. Rawlings then asserted be had "no desire to force the defendants to trial, but since an early trial was demanded, we are ready." Mr. McCarthy then said be understood under-stood defendants are allowed two daya before trial, after entering plea; the defendants pleaded not guilty nd Judge Schiller est trial for 10 a. m. Thursday. Ha denied a separate trial for Peterson. Mr. Rawlings reportedly went to Los Angeles for an executive board meeting of the International Foot-printers' Foot-printers' association. Parnell Black, assistant district attorney, went to Los Angeles with a deputy U. 8. marshal and a federal fed-eral prisoner. Drsper and Peterson are accused of assault January 28 upon J. F. Decker, 7874 Twenty-third East street.