Show OMEWHATMIX a AimsKi TieUp Occurs In The Police Court AND CLOVE GETS OFF Whitecotton IB the Enquirers Attorney Knltrht Appears for Clove Also Defends De-fends PaulThe Judge Mainly Se BponBible for the Bad OrdinancePauls Case on Monday James 8Q brought against The case for Clove of the Enquirer this city a concealed weapon came up carrying qefore Judge Wedgwood at 5 oclock last evening The defendant was represented and Jesse J Knight presented by Jte Robert A Anderson J W N White cotton represented the people I Attorney Knight offered a demurrer to the complaint based upon two grounds The first ground argued was the court has not jurisdiction to try said action The attorney cited section 79 compiled laws of Utah 1888 which reads uNo judge or other judicial officer shall nave a partner acting as attorney or counsel in any court of this territory This objection was promptly overruled over-ruled The attorney then argued that the ordinance under which the complaint was brought is invalid An examination examina-tion of section 111 of the revised ordinances ordin-ances of Provo city developed the fact that although it is headed Concealed Weapons nowhere in the section is the word concealed used By the omission of that word the section reads n that it is unlawful to carry weapons openly upon the streets and provides a punishment for the same As no city council has the power to enact such a law the judge declared the section to be null and void A city council has authontv to legislate against carrying concealed weapons In 1877 Troyos city council aimed to legislate against it and provide a punishment tr he offense but it failed In all these years the failure has never efore been noticed Even the revisors overlooked the mIstalte Now the present city council will have to amend the section in order to make it effect ve The defendant Clove was discharged During the argumentsCity Attorney Whitecotton arose and delivered himself him-self of a lecture for the especial benefit of the newspaper reporters He said that he is the paid attorney of the Enquirer En-quirer the defendant in this case is the editor of the Enquirer He declared that this state of affairs did not influence influ-ence him at all in askme the court to hold the ordinance a bad one and discharge dis-charge the prisoner He may be called a knave and a cool and while be didnt relish being called those or any other names he didnt care The ordinance Ws bad if it were not be would pro 4RG this case as viggrously as he r I < a > would any other case notwithstanding the fact that the defendant the editor of the paper of which he Whitecotton I is the paid attorney Justice Wedgwood said that he was as much to blame perhaps more eo as anyone else for the section being bad He was the legal adviser of the committee com-mittee on revision of ordinances and read all the proofs He should have detected ihe error but be did not That would not influence his judgment i judg-ment now The ordinance is unquestionably I un-questionably bad and he would so hold The next play upon the board developed devel-oped another peculiar state of affairs Jesse L Knight bad defended Clove This case won by him the next one called was that against Logan fan Gloves assailant and Mr Knight bobbed up serenely as Mr Pauls attorney at-torney Jesse may succeed in getting Mr Paul discharged on a bad ordinance ordin-ance or on irregular or unlawful pro ceedure on the part of the officers He will have a chance to try it as the case went over indefinitely Mr Paul being absent at Midway where he went to give a balloon ascension on the Fourth Jesse ought to win as Mr Paul has once been punished for his offense he having manfully complained upon himself for the offense his temper fanned fan-ned into a flame by his victim led him to commit The case will be tried at some future day time yet to be determined It will be fought strictly upon the law A motion to dismiss the defendant on former jeopardy was made this moraine mora-ine by Attorney Knight The motion was overruled by Judge Wedgwood |