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Show HAMPTON III COURT. His Connsel Ask for a Continuance of the Case Against Him, On the Ground That He Has Xot Had Time to Prepare for Trial. j i j The Motion is Granted and the Case Continued to Jfext Tuesday. This morning at 10 o'clock was the time set for the trial of Brig. Y. Hampton Hamp-ton on an indictment for conspiracy, and the Third District Court room was literally liter-ally packed with curious listeners to hear the expected sensational testimony. Hoge & Burmester appeared for the defendant, and in addition the services of Mr. Ben fcheeks were secured to aid in the close fight anticipated. The case was called at the hour above mentioned, and THE FOLLOWING SIJBPQSNAED WITNESSES W ere ordered to respond to their names : William Salmon, W. J. Phillips, H. H. Shafer, I. Woolf, A. J. Burt, M. Marks, P. W. Madsen, James Short, E. L. But-, terfield, T. C. Armstrong, Charles H. Crow, J. U. Stewart, Henry Sadler, John Y. Smith. H.,Dinwoodey; Charles Mul-hall, Mul-hall, F. Armstrong, Mrs. S. J. Fields, Lizzie Short, Sarah Springholt, Mrs. Hempstead, Lizzie Bailey, M. L. Cum-mings, Cum-mings, R. B. Young, P. H. Lannan and Wm. McKay. VERY FEW OF THE WITNESSES EESPONDED, And subsequently on motion of the Pros-ecuting-Attorney, the Court issued an order for each witness to be present in court-room by 10 o'clock Tuesday morning morn-ing the 22d inst., the consequence of lauure Deing well understood. The following persons had been summoned sum-moned by open venire to act as TEIAL JCBORS IN THE CASE : Samuel Ewing, W. T. Barbee, A. C. Brixen, Frank Foote, George Davis, T. S. Austin, B. Allen, Harry Haynes. A. J. Phillips, F. Haight, Sol. Seigel, T. R. Jones, J. E. Dooley, R. Alff, Geo. Davis, Joseph Foreman, J. H. Morton, Isaac Hazelgrove, J.J.OToole, . H.W.Lawrence, R. Mcintosh, W. E. Smedley, J. Glendeaning, Julius Malsh. Tin's array of representative Utah ability was promptly on hand and as quickly discharged for the term at the postonement of the case for a week. THE GROUNDS FOB POSTPONEMENT. Attorney Burmester started the ball to rolling by offering a motion that the order for trial of the case, to-day be set aside for many reasons, some of which were to the effect that the defendant had been brought into court without a word of warning; he had no idea that his trial was set for to-day until too late to procure pro-cure counsel to present his case. This case belongs away down on the calendar, and cannot supercede the hearing of others. MR. VARIAN OBJECTS TO POSTPONEMENT. Mr. Varian then quietly arose, and in alluding to some questions made as to the facts existing, which brought about what is claimed to be a too speedy trial, he explained that one of the principal witnesses wit-nesses for the people is "a woman now confined in prison and unable to procure bonds. The defendant came into court afterward, and was allowed to make his plea and enter demurrer in the cases against him. An open venire followed, and he must have known that the case was set for trial and a jury ordered. The law does not state that if the people of the Territory prosecute a particular case that the defendant has any abstract right to have his trial postponed, although al-though such matters are often within the descretion of the court. Such is the departure de-parture when through inadvertence or lack of time the clerk fails to prepare a calendar. Would a court wait until the end of the term ? Would any defendant have the right to claim that the case Biioaiu go over, or would the. court meet such an emergency? Knowing these facts, the defense have rested until this day, while ample time existed in which they could have prepared for this trial. The reasons stated whv this case should be heard at this time are familiar to the court and the defense. I understand, he said further, that counsel for the defense claim that they are not prepared for trial, and if that, is the ground on which the application to set aside the order is made, it becomes another matter and should be given preparation. They say they can not be forced into trial outside of the regular reg-ular order. I say they can, at the discretion discre-tion of the Court, where .the occasion occa-sion arising makes it necessarv, as with this peculiar case. A FEW REMARKS BY THE JUDGE. At the close of Mr. Varian's statement, Mr. Burmester very excitedly replied by citing the disturbed condition of the Salt Lake community and the wide-spreading wide-spreading reports of the present feeling in this Territory. Judge Zane" interrupted -the fiery remarks re-marks of the speaker by saying: "It is improper to refer to the feeling existing in outside matters. This is a court of record, and not a justice's court." SOME ADDITIONAL REMARKS BY COUNSEL. Mr. Burmester . replied that he could not quite understand tne Uourt, but he thought he had a right to demand his client's deserts. Mr. Varian called the speaker's attention atten-tion to the fact that the statute has been amended as pertains to the matter in dispute, dis-pute, which was admitted, but not as being of sufficient consequence to overthrow over-throw the application for a postponement of the trial. Mr. Burmester then turned on Mr. Varian and dealt out to that excellent listener a long line of pointers to observe in such cases as this, and closed his appeal ap-peal by gently reminding the prosecution that the defense only wanted a short time to prepare for the case, and he would take upon himself the responsibility of facing all the music of the prosecution when the trial came off. Judge Hoge added a few quieting remarks re-marks to what had been showered broad- cast, and said he was willing that the i witness, Mrs. Fields, should be brought in and her deposition taken, and then the i woman be allowed to go free from prison, j Mr. Varian Your Honor, the defend-! ant's counsel are not readv, as thev have stated repeatedly, and not desiring to ; crowd any one to trial under such cir- ! cumstances, I am willing that the trial be continued until some day next week. Mr. Hoge I would like the case to go ' over until the first of next term and so ! put on the calendar. J udge Zane There seems to be a dis-.' position on the part of some attornevs to ' argue outside matters in stating the "facts 1 of a case to the Court. TniS IS UNCALLED FOR. Whether or not Mr. Hampton is a good man cannot be settled by outside clamor. The practice in courts of justice generally . is to try the cases the same term of indictment: in-dictment: I don't know a rule of practice prac-tice that requires a court to continue a ' case from one term because the indict- 1 ment was found the same term. Such. Eractice would cause great delay. The iw requires the clerk to set the cases down in regular order, but I never knew that the Court was ' not allowed to change the order of set-j set-j ting the calendar, as it is often necessary j for the Court to use discretion in such 1 matters. The only question is as to i whether the defendant has had a reason- able time to prepare for trial. I under-! under-! stand the motion here is to set aside this i order, which was made on the statements I of the prosecuting attorney under oath. ! It is not necessary that the order be re- cited, as counsel has given consent for the trial to take place another day. Varian Your honor can set the case I for trial for next week Tuesday, the 22d inst., at 10 o'clock, if agreeable. j The case, was so continued, to the sat- isfactiqn of all. |