Show EDITOR I 1 s H A w lie 01 chief justice bauc at 12 yesterday before the first district court mr C W hemenway edito of ItiE nAin argued on bis demurrer to Q on up interposed A damu arrer to the charging liim with masri Mc sri as hie points raised in bogli basoa are similar ew f both demurrers there was 1 nuin betka the gentlemen of to bar present and outside tho bar the room was crowded mr follows in all these matters I 1 only ask that justice bo done want toes cape any means af adv technicality or legal quibble his honor stated that according to a rule of the court one bouris allowed each side forir guing a case unless arranged at the commencement of tho arguments and assistant bierbower utcy that liia side of tho occupy moments lis part he would willingly allow mr hemenway to have his share of the time mr your all labor auder a disadvantage int fiese caps having only my own legal knowledge to depend on the court stated that he would bee that mr hemenway was not the loser by auy technicality ozithe law s i j khz ast str cnway is the ano 1 l eppli and tOa which and 1 will refer to the other case in are raised at the close the indictment charges that charles W Hemen wayon thea hundred ty of weber i said territory of utah did unlawfully wilfully and with malicious intent to injure and defame one charles S zane he the said charles S zane then and there being the arid be and cemin fi S zane false scandalous malicious and defamatory fa matters and things ofed him the said ccarles Cn arles S zane k Nowr wish charge and publish the indictment does not state the offense clearly whether it isguby printing by eany by the like as stated in the statute the indictment does not whether by printing bv by pictures by eagy or alie like townsend on slander page 82 further the indictment was committed orally or how it was accomplished consequently hero is ft doubt ortho indictment the IMS tuu IY 0 O botu jacaway lac away blanp authority from california reports jn the case of vs williams the indictment must set forth the in clear end unmistakable language jo be held boort your lionor will vav accordine to this indictment the was published doey no ahlich eaid publication was made there id a doubt as to alie meaning and if alie language of the indictment is such that a person be in doumani be invalid does chis indictment charge libel or slander it should appear on the face of the indictment plainly and clearly that libel published n writing by signa 0 eff rf S with equal be the indictment slander will be noticed that upon those matter the indictment is not I 1 think that in the indictment under consideration there is a fatal defect in this beerd lahat not anol fisli to escape by an legal amb bley ram con sequenced a of my acts for I 1 absolutely detest any bality in alie law but I 1 tl that at all it could if there was any offense have been set oat in the indictment the whole to bo libelous libe loua and can any course of right reasoning made out a libel now we will read the ar hicl e wh be ll belous the title ia lewdness Lewd nesa then murder your honor understands that is a titio raf abe following foll dwing Is nofa complete sentence in itself jt has no specific apeci fic meaning only as a title hence it cannot jabol ons now we to alio g the ducis chief justice zane in the habeas case been disseminated last when the tek graph announced that another deputy united states marshal in utah named ihn the harget of murdering isalt alake cly pm of the same day chere Is nothing in that paragraph that can be considered 11 adous unless it be upon collin tho A full account of tha tho opu HEU there bertlin cert lin ay nothing n can be in any way u tr 0 charles S further tho charge of deputy marshal vandercook has just been evaded through the cy 0 a federal judge and intha indictment iff added tho said charles S zano now there is nothing laid to zano it was the duty of the cleef justice according to the law lotten the decision ho did in that bartic ular case there ia no innuendo to the contrary it als ata teil that the defendant vandercook evaded a certain charge through tho agency of a federal judge the judge Is the agent and if the alawia imperfect ho cannot help it aho is another portion of the sania feen tence iu such a way that it became reasonably evident to villains that the average utah federal justice would permit no atrocity corn against a to bae punished csc to tho of justice r our I 1 bodor win talat ero t till 9 aa an antl Mormon millaid vil laiD it can b readily understood that he would take advantage of a toi it arfa us baich that aliey obby to tool far that tho as written as jg irita iri Tb if he courts here persist in convicting cormona on flimsy originated y federal official 1 and prosecuted vindictive zeal with the aid of utah courts insist on shielding federal moral md from just restraint and punishment th mormon compelled 36 to defend their layes afir liberty their property and the their daughters from mormon federal malefactors ravish ers robbers and judicial assassins by necessary force human nature even when cun rolled by tho fullest and firmest de peace and tranquility lias its of tho cormons mormons Mor mons notwithstanding their pa tience and forbearance are still hu ainan even cormons mormons lanriot always a urmit federal murder arsand judicial assassinations bobber ies and false incarcerations screened from all liopo of justice by lies and atrocious calumniations we repeat again there ia a limit to alio llio utmost human endurance and when that limit is reached in utah let the anti mormon assassins judicial malefactors and robbers boware does not judge zane if he acted richt and properly and I 1 havo not the slightest doubt that lie did to be speedily and punished according to the demands of justice says the article it does not specifically apply to the law or its administrators but to justice intrinsic justice the following opinion and de stales marshal collin was a our deeply imbued the idea when on last saturday evening he shot and wounded joseph W mcmurrin might improbably be considered 1 reflection upon collin bul does not refer to th e chief justice you are aware your honor in thes exciting times that reports of each mailers as that which called this article are highly colored and person sat distance sometimes get a wrong conception of the mani affairs wei here supposed that an atrocious deed had been doln mUted and in tha hurry to get the news in print a wrong idea is sometimes sent forth was n abad condition and in alie excitement the matter as we ed and understood it was probably a exaggerated sow the next isa foreign paragraph your honor understands that tho word paragraph is derived from a greek word which means besides or moreover aidi d this which hollow s is an outbid matter entirely A court that by the most subterfuge joftis decisions eo screens the vice of one class of offenders that they believe and know that they can escape punishment for any crime and therefore perpetrate murder is itself criminal to this the indictment adds meaning that hm the sald charles t banc in his capacity a clinef jus te ak aforesaid corruptly screens y the la w andis lm possibly be construed as a libel il is indefinite A courte is the expression n has no reference to tho chief justice whatever it is simply a proposition it is not libe lousin any particular and it seems strange tho grand jury construe cons truo it there is no reflection upon adny one in tho whole paragraph BY the court you should have key to it mr if beur honor will refer to alic OGDEN HERALD of last py ening you will find a key to that article here mf hemenway referred to a former statement that a portion of the article jn question was written ashow ds how that the bounds of human endurance might be overstepped over stepped and that federal of ficiala judges and other bad characters might io too far his in classing judged with the rest caused much amusement the gentlemen of tha bar and the spectators ho stated T that lie meant to cast no on the court or his honor with good li unior rp plied that be took no such reflections upon himself and mr hemenway stated that lie was quite aware his honor was above anything of that kind air continued reading from the ho follow ink on saturday afternoon last chief justice zane meaning iho said charles S zane rendered a crooked decision screening united states marshal from investigation on of leq d and lascivious conduct I 1 desire to call especial attention to tho meaning of this paragraph there is nothing hereto intimate that the chief Jub lico in rendering this decision did corruptly so tho law may jave and probably did compel him de ahe W ho dita the w ia capable of two or gypp or a dozen dineken interpretations and uh judge zang rendered the decision which to him seemed cor bill tha law ia at fault some men look on tha wrong ho reflection on r judic anaf was intended n that article and tho portion of the sentence aa r cw has bean misconstrued ii ho pure all things are pure and tharo bisno that tho chief in rendering that decision lid anything crooked except accord inato law the indictment continues meaning that ahe said charlea B chief justice ag aforesaid corruptly tho said oscar vandercook and thereby completely prevented a leial investigation into eaid case to thal particular chargo in th at form it probably did completely eryeen hm bat abero is no that the judge did anything wrong except according or did corruptly screen him we will go indictment stimulated by the kidby tho aid of ho luw there Is no reference to tha was thus extended to an alleged of lender and probably nerved by immunity deputy united states marshal Coll lri in the evening of the conic day spilled the blood of a mor imon and wh 0 can eay the chief jus alce meaning him the said charles 8 ane is gull Hess that la lion it is not a statement it is not an affirmation guiltless of what of being the innocent agent of ft guilty law that last is a question and implies nothing then cornea another sentence dozens upon dozens been slaughtered sn cold mood but in every bine instance the murderer has esi punishment at the hand of justice which thus practically aly or T WT lufcy taj rac laciny aal tuc indictment adds ly da kiiru llie sissil charles charlesb B zane at bethia to air there could iret muo saying that acu ecu fence refers to alio chief justice it would be false to siy that in reference to any court liere As a matter of history and mor duons blood and auro subjected to robbery and I 1 n the da or joseph smith when the people acro located in jhc thc states the laws or utah state that an ins when it alleges an offense offence which ia not clearly set forth as a public of lenco may bo demurred to alib offense offence ia not clearly bet forth in tho indictment I 1 have explained pla ined while I 1 have clearly shown that the article in question contains nothing malicious or defamatory in reference to iho honorable hono chief jus tice it has been reported to me ller yon wilh pay no i hifton iorii I 1 have put na in reports for I 1 feih u pur llo norn integrity aad 1 do ut want the to be afraid if any public con it may tn insider sider liht to pursue in re eard to Ms incisi n in rii tid ay iy to the indictment chargi tit libel against dickeron Dic keon cickay and outliers ot lierS ahe ar have just used will apply in thia caise in the indictment charging libal where nallian kimball la complaining witness it is averred he is committed by iship in by the court you claim dickson and cickay case that the of bense doca pot cause of action mr and I 1 will refer lothal how A portion of the irl icle alleged to be libelo us is as follows united stated commissioner mckay of salt lake city the in accordance with a pro a r ranged plan came tp accompanied bv a retinue of deputy mar eliass and district At tomey dickson the said vi iii ani opened up the crusade machine in the united states court room yesterday here it is slated they came according to a pro arranged there is nothing libelous libe loua in that a person or persons docs dr do a thing according to a previous ar nei lheris there anything malicious about stating that abey bad opened up their 0 o machine A machino may be abad ma in itself if manipulator byun parties but the state ment atiat a crusade machine had been opened up cannot coder any circumstances be considered libelous lib clous now we come to atie nest point your honor is that the con of filary is a great delsid oracion with nearly aver person your honor probably donld bot work in your present office if there were no pecuniary benefits the court no and for the amount of labor there ia attached to theoffice anyway me 1 I am aware of that your honor the salary of your office should bo much larger than it ig now this callei of spoils reads as follows in faili e are spoils and they hopa to make a good haul here Beside Sf it is understood and the ch ru instances now co to prove that dickson and favorite deputy mar baals have made an agreement to pool the booty chich flioy can pel out of the anti business ad in coliny to they are oaly carrying out scheme of monopolizing the polygamy and unlawful cohabitation business in chith they are engaged the intended to be convoyed that they were aitor of justice the fees lawfully obtained by the administrators and nicora of the law there is nothing in that allegation that is questionable it i a plain and truthful statement and is is not in any way li bolous still an othar wo all knijf that ac kabb blare was in salt lake city and ai a i to mr Dic keona fees tha re thia court well show what they were the article noea QU n anstays an says we that is it ia artir opinion it is as we understand it ii another style of saying we poa such are all synoni maps and editors use of them for and to avoid repe tn and the circumstances now goto prove that is to all appearances so fir as wo can judge tuuli and such a is the ase and in our opinion the feet of mcay coming 0 o where there verp already two corn go to prokp was ont dr op in the bucket of proof that he came here for the purpose men it certainly did flokas though they were inclined to eliat clasa of business here aa to pooling heir fees it baya in aho article wo understand and the circumstances now go to prove that bubli was alib caad there is no positive statement and ays eys did pool their fee ao as the was not the adser ni iona can if they did croote tona keau all mi slit re benefits from their united it makes no difference to anybody it will also bo observed that the tarm deperty marshals h uee the term ia plura and yet the matter in hy ali fc anent is made to apply to deputy MaiB lial 3 thara is was a pooling of few and he whole article cn not constitute a 1 ael I 1 ask your honor to jice matter your candid consideration and you to guard mo n all my rahta in these boses tho reply 0 the District Attorney to mr waa in yesterdays of p dinald 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