Show IT WAS NOT A GO l a S The Holdens Adjudged Not Guilty of Contempt C THE COON CASE IS UNDECIDED It is a Matter of Public Importance and th Outcome is Awaited With Interest Other Legal Light I Judge Zane yesterday delivered his opinion I opin-ion in the contempt proceedings against the South Galena Mining company Liberty E Holden and Albert E Holdon The matter grew out of the suit of The Live Pine Consolidated Mining Company vs The South Galena involving the title to valuable mining property situated in Bingham Bing-ham Pending the trial of that case an injunction was issued restraining the defendants de-fendants from extracting any ore from the ground in dispute except such as might be necessary and in that case the ore extracted ex-tracted was to be stored to abide the decision deci-sion of the court The plaintiffs alleged that the defendants in violation of the j < injunction and the stipulation under which certain work was allowed to be done < extracted from the disputed ground some four hundred and fifty tons of valuable ore the greater part of which they sold The defendants admitted that they had extracted something like half the amount of ore stated by the plaintiffs and alleged that it was all taken out in order to ascertain the dip and strike of the vein and prepare their case for trial but claimed that there was no violation of the injunction A consider oble quantity of secona class ore was inadvertently inad-vertently mixed with other ore and shipped but an equivalent amount of sec and class ore and all the first class ore extracted ex-tracted had been stored to abide the decision decis-ion of the court Judge Zane commenced by reviewing all r the circumstances as shown by the affidavits affida-vits and said that they showed there were two sides to the case The defendants were allowed considerable latitude in making mak-ing developments and if they acted in good faith the court would hardly bo disposed to punish them for contempt con-tempt The defendants showed that the work done was reasonably necessary in order to ascertain the dip and strike of the veins The employees misunderstood the directions as to storing the ore and mixed 4 come forty tons of secondclass ore with T other ore and shipped the same The defendants de-fendants said they had no intention of violating vio-lating the injunction and offered to replace this ore with a similar amount of the same grade Under all these circumstances the question was whether or not they should be punished for contempt If the defendants defend-ants were to be punished for a violation of the injunction the offense must be clearly established His honor upon all the evidence I evi-dence did not think that had been established estab-lished and he would find that they were not I guilty of contempt Mr Dickson at once gave notice to the defendants that the stipuiation between the parties was revoked In the case of the North Jordan Irrigation I Irriga-tion company vs Erickson ot al C P Brooks the engineer who was appointed by the court to make an examination for the purpose of having the waters of the canal divided among the parties according to their respective rights appeared in court r and asked lor instructions Judge Zane instructed him to proceed with the examination and report impartially im-partially as between all the parties The case of Goldthwait vs Glasmann was set for Juno 29 subject to Judge Andersons approval Tho trial or the case of James Coon vs James D Coon et at executors of the estate of Abraham Coon deceased was then resumed The particulars of this case were fully stated in yesterday HERALD Abraham Coon the grandfather of the plaintiff died in this city a few year ago leaving a valuable estate In his wil be named as devisees his ten sons and daughters and one James Coon is also named The plaintiff claimed that the deceased de-ceased Intended to designate him while the defense maintained that it referred re-ferred to James D Coon a son of the deceased and was a repetition James D Coon having been previously named In support of this theory the de feasts showed that the plaintiffs name was James H Coon and argued that had it been J the intention of the deceased to designate S him this middle initial would not have been omitted It was shown that in 1870 Abraham Abra-ham Coon adopted tho plaintiff who livoc withhim until his death It seems that a few years ago tho plaintiff gave to the executors a deed relinquishing his interest in the estate but bo claimed that he did this under the impression that he was giving giv-ing a receipt for a horse and he alleged that the deed was procured by fraudulent representations Ho asked that this in strnment be set aside and that ho be declared de-clared a devisee under the will The court took tho matter under advise mont I a In the case of W S McCornick vs A H V p Mikesell et aL judgment of foreclosure was rendered and the plaintiff was awarded 100 attorney fees In the case of C L Anderson vs Amos Fenstermaker involving a question or water rights a temporary injunction was issued In the case of S R Marks vs Margaret Tuckett ct al a motion to set aside the judgment was filed and a stay of proceed logs granted Adjourned until this morning at 10 |