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Show CONTEMPT CASE IN SALT LAKE .Salt Iakc. Sept. 19 Counsel for the government and for the defense made argument before Judge John A. Marshall Mar-shall in thn lTnIted States court yes-terdaj yes-terdaj in the case of the go eminent against the Ijorahl-Rcpuhlioaii Publishing Pub-lishing company , George E. Hale, general gen-eral manager; A. J Brown, managing editor, and Fred Bngle, city editor The proceedings -were, on an order to show cause why the defendants should not be adjudged guilty of criminal contempt of court In publishing in issues of the Herald-Republican of May 4 and o cortnin articles allegod to havo, been published with tho intent in-tent of discrediting the testimony of Senator Thomas Kearns as a witness in the case of Frank I Sofrlt against the Telegram Publishing company. It was alleged that thebe articles were published with'the intent to Influence the jury. v Al the conclusion of the proceedings proceed-ings yesterday afternoon tho court granted permission to the prosecution to file a brief within twenty-four hours and granted the defense two days thereafter to file a brief in re-pl re-pl . The court said he wished further consideration of a point raised b tho defense to the effect that a person per-son In a criminal proceeding may decline de-cline to testify against himself. This uoint w"as contained in a decision of the United Stales supreme court In the case of Samuel Gompers, presrdent of the American Federation of Labor. Only one of the defendants, Bagby, city editor at the time 'of tho publication publica-tion of the articles, and testified, that they hod never been submitted to him. The prosecution put several witnesses witness-es on the stand to provo that a number num-ber of the Jurors lu the Sefrit-Tele-gram case had testified that they wore readers oi the Herald-Republican. The defenso made its principal con- tentlon on the alleged failure of the government to provo that the defendants defend-ants were responsible for the publication publica-tion of tho articles, and that If tho articles ar-ticles were found to constitute contempt, con-tempt, the corporation alone was liable. lia-ble. Tho contention of the government govern-ment was that it had proved every, allegation, and that the burden ,01" proof of any extenuating circumstances circum-stances lay upon tho ilefense. The government was represented by W M WcCrea, assistant United States district attorney, and Judge O. W. Powers, attornev for Senator Kearns. who had been invited to submit sub-mit evldouce In support of an affidavit affi-davit made on information and belief j b Senator Kearns In which it was 1 set forth ithat tho articles lrad an influence in-fluence with the jury. The defendants defend-ants vcre rep(resented by Jrrdge J. W. X. Whltecotton o( Provo and Charles M. Morris, assistant county attorney or this city. r.i- |
