Show JAMES S T MONKS TRAL I Charged With a Misdemeanor In Regard to lIning Records HE REFUSED TO TURN OVER TO TEE COUNTY RECORDER AS REQUTRED BY LAW Attachment Suit Begun Against Mrs E Itt Clark and A C Henley Doing Business as Keeley Co Floral Avenue As a Right of Way Miscellaneous Court Notes ExMining Recorder James T Monk who created considerable commotion for a while by refusing to deliver to County Recorder Jensen the mining records of the Big Cottonwood mining district and spent several months in the county jail for contempt of court for refusing to obey an order made by Judge Cherry for him to turn over the records in question was before Judge Norrells court for trial charged with a misdemeanor for not delivering the records as required by law Monk was tried before Justice Mc luster on that charge found guilty and sentenced to pay a fine of 50 and costs from which he appealed to the district court and the case was on for trial on the appeal yesterday with County Attorney Van Cott prosecuting and Attorney James A Williams defending fending the accused Monk admitted retaining the records in his possession but said that he dido did-o simply to test the constitutionality of the law and without any criminal intent tent He purposed from the beginning to turn over the records if the law was held to be valid and when the supreme court so decided he at once delivered the records as required The defendant was allowed to withdraw with-draw his former plea of not guilty and to file a demurrer to the information The demurrer was argued and over ruled and the trial proceeded W F James J C Jensen and C B Felt were examined for the prosecution and for the defense James T Monk C O J Irwin exGovernor Thomas Attorney orney W C Hall J T Lynch and William McGee In rebuttal W F James Captain Goodspeed J H Woodman Deputy Sheriff Burt and Attorney George L Nye testified that Monks reputation for ruth and veracity was bad Four or five persons were present to testify that Monks reputation was good but a they were not called in the proper order their testimony was not taken When Monk was on the stand he testified tified that it was his intention to deliver de-liver the records if the court held that the law was constitutional which required re-quired him to do so He however admitted ad-mitted that he had testified before Judge Cherry that he did not have the records in his possession and did not know where they were at that time The testimony was all in when the hour of adjournment arrived and the arguments to the jury will he made today I to-day I dayThere There is another information against Monk charging him with a felony for removIng ords and canceling the mining rec |