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Show TWO BAD JUDGES The Standard Under Judge Smith's Care. SMITH INTERVIEWED. The Judge Talks Plainly to "The Dispatch'' Dis-patch'' Young- Man -A Mimly, Explicit and Full Statement of tha Whole Mat -ter. The sensational article in the Ogden Standard of yesterday relative to Chief Justice Merritt and Justice Smith causeti soma comment in Provo, and while there ia no one here who took any stock in the inflammatory com ments of the organ of anarchy published pub-lished at Ogdeu, The Dispatch hunted up Judge Smith this morning and asked him about it. lie stated that his attention was first called to the matter by Mr. Cloye of the Enquirer late in the afternoon. He also .stated that the articles as published pub-lished were false by reason of the fact that they were a small part only of a lengthy consultation held by himself with J udge Merritt, over the telegraph. Certain sentences were culled out from the mass. Several of Judge Merritt's telegrama were suppressed entirely, the first is published as the last and the last as the llrst, all others of his are suppressed. The judge further said that he wrote no telegrams at all himself, him-self, that he made some few notes of matters for the purpose of dictation to the operator and wrote nothing else. The conversation occupied fully an hour, 8 nd there was not a word said on either sid when it occurred that he would not be willing the world should know; that at least fiye gentlemen gentle-men were present when the conversation conversa-tion was had, they read Judge Merritt's telegrams and heard his dictation. "The circumstances were," said the judge, "that I had received word through the clerk, Mr Peery, and he from Mr, Loomis, that Judge Merritt Mer-ritt desired me to come to Salt Lake and hear the contempt proceedings. I went to tue telegraph office here in company with several other gentlemen and had them open the wire with Salt Lake and send lor Judge Merritt. I was in the Rio Grands depot here and I think he was in the Western Union at Salt Lake. I told him of the message from Loomis, and he told me that Loomis was mistaken, lie also told me he wanted to send them back to Provo to be punished for contempt. I called his attention to the act that tbe receivership caseH had never been filed in this district and I would have no jurisdiction. He then asked me to come to Salt Lake and hear the cases I told him I could not for two reasons; first. 1 ought to go to Nephi and impanel a grand jury to inquire into the felonies these parties had committed ,and, second ,that 1 would be incompetent to Bit in the contempt cases as I was present and an eyewit. uess of the proceeding of the defendants defend-ants under arrest and know them to be guilty, and for me to sit and hear testimony would be afaice. He suggested sug-gested that he world return them to Provo and let them be held pending the action of the grand jury, and save the time and expense of the contempt hearing. hear-ing. 1 told " him this would not do as the charge of felony against them in ; the examining court had been dismissed. dis-missed. That in his place I would lay aside all other work and take up the contempt caees; that it was important that they be held at Salt Lake on the contempt charge until the grand jury could act, as they must be turned loose if brought to this district before indictment, indict-ment, and that such action would be disastrous at that time, as every one here knows it would have been. 1 further stated that a special effort would be made to get Cartel off; that he was just as guilty as any, if not the most guilty of all; that on Friday I had furniBhed me and read a written report of Carter's order to steal the train and of the detail appointed to steal it, but that it was doubtful if the prosecution would prouduce this evidence. I can produce it pow although al-though it is not in my possession, it is in existence. It would not do to publish pub-lish it as it would no doubt cost the author his life if done. This report I read on Friday, the day before the train was stolen. The final result of the consultation with Judge Merritt was that he should proceed with the contempt hearings and that I should go to 2sTephi and set the grand jury to woik. I have not attempted to give the language of our conversation, have stated the eubstance as I recollei t it. Mr. J. H. Young, Mr. A. E. Welby, Mr. Price, Mr. Judd, Mr. Aley, the operator, and myself were present at the Provo end of the wire when it took place." Ab to whether the rioters who so shamelessly violated the law in Provo on May 12th, had received a righteous judgment at his bauds the judge said he would be perfectly willing to leave that matter to their able and gentlemanly gentle-manly attorney, Mr. D. D. lioutj. That he expected nothing but lying and abuse from the Standard himself, and cared absolutely nothing for it. He also stated that he had no doubt that the Standard had a full report of the consultation as no doubt it was taken by some sympathizer of Carter and anarchy off from the wires, and furnished to the organ of the red flag, lie suggested that the reason the false and garbled report was published at this time was that the Standard was ju6t at present engaged in a crusade against Judge Merritt on account of his injunction against eorue of its friends and allies, and the publication was to create a feeling In Ogden against him. |