Show NEWTONS NEWTON'S MOTION FREES PRISONER I I Harry Simmons Released on I Technicalities While Companion Companion Com Corn panion Is Found Guilty DIEHL MAKES NO COMMENT S Quietly Makes Ruling Said to Involve Constitutionality Constitutional Constitutional- ity of Law On motion of or Dill Bill Newton a n police court attorney the trial of Harry Simmons sum Sim monR mons accused of obtaining obtainIng- goods under un un- der Ilor false fals pretenses came to an abrupt ending In police court yesterday afternoon after after- noon Newton objected to the complaint on three technical grounds Edgar no Rogers ers assistant city attorney cited r rI a L section of the revised statutes of or Utah I to show the complaint was properly drawn but Judge o Diehl sustained the thc t objections of the defendant and dismissed dismissed dis missed the case Simmons It was alleged secured c a n L messenger boy hoy cap antI and went to certain lain tain saloons about Salt Lake a few Cew days 1118 ago and secured wine and whiskey Ho lIo pretended It Is said sall that ho hu heva was va I obtaining the goods for persons who would settle on delivery and anti that ho ht I would return and pay ia for tho the merch mer mer- ch chandise a nd inc The case was called yesterday afternoon afternoon after after- noon and the prosecution and defense announced themselves s read ready for trial Newton Insisted tho the rule rulA as IlS regards witnesses should be enforced an and all alii witnesses excepting excepting- tho the one on the th stand were vere excluded from the the court courtroom courtroom court courtroom room The complaint which was made b by Thomas Simpson alleged that that- Harr Harry Simmons of Salt Sail Lake CIt City In the county count of Salt Lake and state of ot Utah on the UH Oth lay day of or January Januar 1908 unlawfully did commit the tho misdemeanor of oC obtaining goods under sunder false pretenses pretenses pretenses pre pre- tenses as follows tow If Said defendant defendant defend defend- ant unlawfully and wilfully and with Intent to defraud did then and there b by false raise and fraudulent representations obtain one quart of oC whisk whiskey e and one quart of wine ine from Carl IL H. Mayer laer Contrary contral contrary con con- to the thc provisions of section chapter 29 9 of or the revised statutes of Salt alt Loko Lako City in such cases made and provided I I I I I Xen Three Objection Mr 11 Rogers for tho tim prosecution had asked tho the first witness two or questions and was getting read ready logo to lo togo togo go into tho the alleged misdemeanor when Newton objected to an any further testimony mony and moved mo the dismissal of the ease case lIe He contended first that the com corn complaint complaint plaint did not set forth that false representations representations representations rep rep- had been made that no values had been hoen attached to the goods and that thai the complaint did not show that the lie person who parted with the goods relied on the representations made Newton ewton in quite a lengthy mont ment said tho the complaint was absolutely absolute absolute- I ly bad had an and that any ono one of ot the tho rea rca reasons sons he o hart had assigned would be taken an competent objection by any court courtin t tIn in rn A AIn In behalf of ot the tho prosecution Rogers quoted section of ot the revised re statutes statutes stat stat- utes mites of or Utah whIch Is as follows In In all nil actions for the violation otan of ot an any ordinance it shall be bo sufficient if Ir tho the complaint refers to the title and section of the ordinance under which such action is brou nt Ho no claimed he lie had drawn the complaint complaint com corn plaint in accordance with the section quoted and If the court entertained any doubt as to the constitutionality of or the statute the question ought to bo be passed and arid sent to a higher court for tor determination Newton ton again took the floor noor and m maintained the sections quoted was in in- in valid lIe He declared It Is a common law proposition for Cor complaints to allege things in a particular and that an any I I court In the land lancI would sustain his I I Judge Diehl asked for the complaint He read it Then without ut comment he said The objections will wilt be bo sustained The witness sot got ot down from from the stand and Simmons walked from the court courtroom courtroom room immune from prosecution on the I charge I 11 of or Constitutionality Rogers stated afterward that fn En his opinion the ruling of tho the court In reality implied that the section of ot the Utah statutes quoted is al at Furthermore he lie had followed a complaint drawn in a false Calse pretense case h by P. P J. J Dal Daly former pro prosecutor In police court He also said that when he drew the complaint ho he had In mind that the legislature had provided pro pro- hl vided d how complaints may moy be he drawn wn for tor alle alleged ed violations of municipal or or- or AIr Mr tr Rogers ers said he lie was sorry the case caso had hall taken the turn It had but that ho followed the law as he ho saw HIt It H. If It bits of oC technicalities ar are going tobe to tobe tobe be raised in police court I Intend to take lake In my time hereafter In drawing complaints This afternoon between 30 1 a and d 2 o'clock I was asked b by police lOlice officers to draw eight com corn plaints If the thc common law Idea of pleading had hal heen been resorted to in each case cane I would still be drafting the com corn plaints paints However that Is what hat I will vil do hereafter If It police officers insist on being slow in getting g to court I Iam Iam Iam am not going to take snap judgment on writing the tho complaints Connected with the tho affair in a n. way Is William Buchanan who secured a Q tra tray of ot eatables at the b bypassing by f passing parsing himself off oU as a messenger bo boy Buchanan was waH turned over 01 tho the Juven Juven- lie ile court and drew a a. sentence that sent him to Ogden lo to the Industrial school Simmons was arrested later and It it is lis alleged that Simmons be beIng be- be ing Inc older and amenable to the trial courts had hall really been tho the presiding genius behind the lie conduct of or Buchanan Buch Buch- anan Judge Diehl stated yesterday afternoon afternoon afternoon after after- noon that his ruling in fn the matter did lid not necessarily mean that section of oC the revised rc statutes of ot Utah Is In Invalid tn- tn valid Would It mean meun the section referred to has at least cast a n doubtful standing Yes was the reply |