| Show OUR OGDEN LETTER ANOTHER ARREST THE HEMENWAY CASKS CASES THE G A R SOLDIER OGDEN CITY utah july th 1886 editor edito deseret Dese iet news last evening wm win geddes of plain city was arrested on the popular charge namely UNLAWFUL cohabitation some time since some of his family were before the grand jury when they furnis furnished lied the wh which ch re suited in his arrest anest lie waived a preliminary examination and nave gave bunds in the sum of buoo 2000 to appear when called upon to answer to the indictment inas morning lie appeared in the district court judge powers on the bench and pleaded nut guilty with the privilege it if he desired at a future time of withdrawing that plea and pleading guilty or making motions in the premises isaac L dark clark and david kay were accepted as geddes bondsmen on tuesday iu morning orning judge powers remarked tuat about tue first duty lie he nad to perform on assuming the judge hip of the first district was to charge the grand jury and singularly enough his last duty in this anis was to L dis cha ye ge a similar body and after a nice latue li tte game ot 01 tickle we me billy I 1 lie he bade bad e them an affectionate lakewell lai ewell 11 but in this it ic would now stem seem that he be was a little too previous lor for after the court was opened this morning editor CW flew hemenway enway was called in when prosecuting attorney hiles made a motion to vacate the order ot of the court the sen sell tence in the hemenway libal case and that SENTENCE BE pronounced this took the editor by surprise and the motion fell like a thunder clap on his ears lie he asked the court the reason ot of this to him strange and unexpected proceeding tue tile attorney answered that the court records do not snow show that any such order older suspending the sentence had been made and there ethere was nothing to show whether the defendant had bad complied with the conditions condi of the order to suspend the matter was locked up in the breast of his honor and there concealed judge jude powers may remove from this district another J adge may come and if there is no DO record of this case the new incumbent weald have no jurisdiction in tile the watter matter neither could the prosecuting attorney call it up he therefore renewed his motion to vacate and to have sentence pronounced mr hemenway sald said he did not know what he could say in to tile the w motion 0 but if he had bad time to consult a aa n attorney he might be able to say sav something about it after a brief brid pause and some reflection by the court tile the further consideration of the case was postponed until 2 pm AFTERNOON this morning the seats in the body of tile the court room were all vacant an and there were but few members of the bar present es e nt at recess the report that mr Hero e enway va y had again been arraigned flew fiew out on the lie wings ot bt the wind and ueda that the hall of justice was tilled with sensationalists and the bar was well represented in the meantime the defendant had engaged the professional services of james N kimball who I 1 it W will I 1 11 be remembered remember edi was waa th the ar attorney ati orney aley for for the prosecution when mr hemenway WAS TRIED FOR FOB LIBEL against general nathin nathan kimbill kimball father of tile the attorney when the case was called this afternoon mr kimball said he felt much delicacy and diffidence in appearing now in this case on account ot of his former connection it but nevertheless he would do his duty mr kimball understood it seemed that counsel for tile tha people mr hiles had stated that this court had not authority to suspend sentence in this case lie he then employed his forensic skill and legal acumen to establish the fact that this and other courts had unquestioned authority to suspend sentence and that it nad been prea preached chea in ILI england and other countries as well as in the united states courts for many generations and quoted at leng length t h and ana read copiously from many authorities to establish his position and then showed that it was the practise in ili TIER THE COURTS of UTAH he argued that if there was no statutory authority lor what the court had doue done in this case it had bad ample and unquestioned authority under the common law but counsel argued that if sentence was passed on the defendant it should have been done during the term ot of court in which he had bad been found guilty and that it should not be called now at this late date as he argued no law required it MR HILES for the people did not attempt to deny that the court had authority to suspend sentence but some good and sufficient grounds must muse be taken and good reasons must mus be shown for suspending toe tae sentence it must be un on tile the grounds of public policy or conditions entered into by thu the defend aut which he was required to f alfil fulfil on his post thy the court records too must bilow all these facts on their pages but counsel sald said ile he was utterly surprised when lie he came to examine the decol ds in this case that there was no i basou whatever assigned bythe by the court fur for suspending sentence in the case of elie people vs C VV fleme hemenway away the court records were produced and the miu minutes maurutes rutes of the proceedings read which showed the simple fact that sentence of charles W hemenway had been suspended until f further archer orders by bv tuis this court it the records had shown sufficient grounds for thesus the suspension P bension coutis counsel el bior tor the people would then have come iu in and shown that tile the conditions had not been complied with oy by delen defendant daut ile he protested against auy any lurther further indulgence by the abe court coun and as public prosecutor on oil behalf of elie people he demanded that JUDGMENT BE pronounced without f urther further delay after a few wore more remarks from defendants fend ants counsel the court read the defendant a most scathing lecture on the heinousness of his libelous helous coad conduct act and set aside his former order mr hemenway was ordered to lo stand up which he did his honor then reminded him that he had been indicted by the gi giand and jury of tile me first district with li belling nathan kimball thus on the day of july of 01 last year he was arraigned and plead not guilty the of december follow following lug he went into court withdrew this plea and entered A PLEA OF GUILTY coia consequently he stood convicted on his own confession the court then thell asked defendant it he had aDy anything thing to say why sentence should not be passed on him he replied that lie he could say nothing that would give the court any information on the matter wore more than it possessed judge powers then reminded mr lle hemenway that at the time sentence was suspended beltrom he promised to live within the law a and set a salutary example to his brethren of the press and thus he would cease to libel any other persons and the court intended to give him an opportunity to prove rove himself in ili this regard his bonor honor had watched his course since that tima and had noticed that bedad be had indulged in li belling private individuals he judge owera powers being abeln included among t them liem that female virtue and innocence were no protection against his bis attacks he had li belled the WHOLE GRAND JURY and had bad enot not spared members of his own fraternity he did not care so much for his bis attacks on the court but his bit public duty made it imperative on him to make an example for his bis attacks on others and lie he would do it lie he said the defendant came into this thi place Pl claiming aiming to be a gentile that he he had bad abused ibea them that he had bad imposed in himself on the mormons cormons Mor mons had eaten their bread and that he the veme judge dge knew and others knew that hemenway away would yet betray the I 1 mor ator mons like ue he had betrayed other peo pla he accused him of insincerity in that the court said he knew that hemenway did not believe the mormon doctrines etc ete etc such a tirade and such a string of scathing accusations against a defenseless DEFENDANT was never before uttered i from the bench in this city by a aarone one who has occupied the judgment seat in the first Ii district strict court toor poor hemenway Heme away lie he is in the tolls toils he was not prepared for this day days Is experience all that he has heard beard in the court to dav relative to him lias hafi fallen like a thunderbolt ott on his ears and he appeared to be eom plemely lely stunned b by y the utterances of 0 the judge at the close of his lecture he sentenced the editor to pay a fine of ZW for the libel against nathan kimball and to stand committed to the custody of the U 8 marshal until the fine is paid for the libel against chief justice chas S zane he was sentenced qed to be imprisoned confined in THE COUNTY JAIL for the term of one year he was wac t then hen delivered into the hands of deputy marshal steele mr kimball gave notice that he would file die a bill of exceptions and asked tile the chui coui colitto t to fix the amount of bail which it did at at and defendant was given till saturday next to complete the matter mr hemenway Re yas unable to procure bail so I 1 presume he be will spend the night in the county prison the feelings in this community in relation to this matter are diversified some of the anti cormons mormons Mor mons are in high glee at the denouement and they take no pains to conceal their joy at the fact that mr hemenway HAS BEEN CRASHED that such a severe and unlooked for punishment has been inflicted on him others think it is cruel and that such a pe penalty malty is uncalled for and was inspired by vindictiveness Others again think that powers may carry with him into retirement the satisfaction of having attempted to muzzle the press and suppress free speech to squelch free thought and action ya religion in utah but the remembrance of these things will like chickens return home to roost will corrode his soul and be as the gall of bitterness in his cup of joy in the f sture future he has wound up his career ingloriously gloriously ia and may live to realize the same measure that he has meted out to so many others good men and true loyal peaceful citizens during his bis brief sojourn in the territory of utah the railroad depots today to day have been crowded with grand army of the republic re Be public bublic excursionists four long trains trains hid had arrived this afternoon and three more were expected and among them general john A logan the john A dix post of this place was out in full force to ta meet their confreres contreres con freres irom from the east many of the BATTLES OF THE REBELLION were fought over again this afternoon as the boys in blue I 1 were gathered in groups aud and recounting the bloody conflicts and the parts they took in them numbers of them seemed to be full of the martial spirit and ready to take the held field lip in defense of the glorious union dacre was how estr one peculiarity in some of the members of the G A R who wore badges I 1 which it is suppo supposed sed they W won lin by deeds of valor thus des themselves on the held field ot of conflict the peculiarity is this some of these veterans who wore these honors were just b begging eg ining la to cultivate a beard and a down d I 1 wn in U h was be gibing to sprout on 4 it upper lips these brave soldiers soldier I 1 have ave been from one to two years old when the war broke out what an experience there must have been and how martial they now appear and no wonder juttie cruel war is ended the battle strife is over and theare now enjoying the sweets of peace but there was another soldier that attracted my attention while elbowing way through the crowd one who bad enlisted for life and after wards he had stood by his colors colore this soldier of the cross is ELDER BLUER CHAS H GREENWELL who has suffered for conscience sake rake he has just finished tIni shed a term of six months imprisonment in the penitentiary because he would neither deny his religion his god nor disown his family and turn part of them ad adrift rifton on the cold world to live it if they could or to perish and die he re returned h home 0 by the train which arrived here at t 30 P pm in he looks well feels the same is thankful to be once more among his friends at home and is thankful ua that god has enabled him to maintain his integrity to the truth he has more friends today to day than those who so savagely prosecuted him WEBER |
