Show sa MY that Is the verdict of the jury quit johnson wins the suit several arraignments odis kendalis Kend alPs case yesterday afternoon after the jury was impanel led in the case of the people against quit and me made W 0 creer waa called and sw orn aa first witness aceaid am general of the spanish fork canal he described on map placed bedora the jury the location of the canal with respect to the river 1 I distributed the water on july 11 last and notified defendant that 1 had turned the water off he eaid be would turn it on acain and I 1 eaid if you do I 1 will mr at wood aee that you are arrested and mr hanson wera among those entitled to the water johnson was of one of the subordinate canals ha diverted the flow of the water and was arrested in 1870 johnson and others on the south east ditch asked to come into our company cross examination jahnson is connected vilh the south field irrigation canal he has been for two yeara and having been selected aa such by the farmery owning that ditch be bacani my deputy myself aud deputies have not always agreed as to distribution of water to mr king the beneral waters master las had the exclusive control over that of all the other to distribute batur to the subordinate ditches in answer to mr sutherland witness abated tuat the company was incorporated and there were written regulations there 13 a book containing the names of the owners the book is in charge of the secretary A i javiea testified that on the day of johnsona Joh esona arrest creer shut off th e w ater from going down johnson 8 ditch and opened the gate and itt the water flow I 1 was president of the company and told johnann Johna jn what the board had instructed creer as aBter to di the defendant was having his juat prope artion of water at the time the parties bv johnson were bhavini water sufficient for acids they were entitled to one tenth of the water cross examined I 1 suppose john son claimed the right to nae the water that day be told greer fie had no right to shut it off it had never been the custom for general of tle main ditch and any one er oatha smaller ditches to agree ai to the distribution saturday was not the day johnson should use the water he claimed however it waa the company has acres aad johnsons company of that amount it is not a fact that wo took water away that belonged to johndon and his company on july alth WO Creer was recalled and said that he had not distributed more than the acres to the members jf the company A man may be entitled to 20 acres of water and choose to transfer a portion of it at timea to acme other and new saud he might haye wellington Wel linton wood has complained once of bini by net having his quota of water mr atwood testified that he got hia full stream at 8 and soon after it was shut off above where I 1 took it out thomas matlay stated that he wad of the spanish fork south irrigation company the company that johnson represented made application at a general meeting to lorn our company and because they had been suffel ing load e granted it alie vit less produced his DOOK ani tir tf ask that ha read the in which geo chisholm re the south east ditch chaa any appeared to make arrangements 13 to details appeared mr king ob acted to the introduction of those min ites they were eaid lie voluminous iod no conclusion being arrived at the minutes were withdrawn ind the witnesses stepped down defendant took the stand and stated that he was on july 11 and to the water in tha ditch A few days before there had been a break we got our water out above at the boidec creer was short of water and aided me to ast 1st the water run down their way three or four days they had been using it five daiya and I 1 told drear that we bubl have water on the 11 creer shut the water afi entirely from ua anil I 1 turned it on at noon that day fowler served a warrant on me the custom had been for ua to take the when we needed it and when we not through to turn it back into the main dittli there has been trouble alhaj s 0 er this water question wo claim prior right to the water we lind difficulty in our land be cache ol 01 clayey nature and co we should not aa to time gross examined by mr king I 1 did not know hat the regulations were before I 1 bought there one tenth of the water will rot water our ground we do sot accede to the appointment of one canth of the 2000 acres to mr sutherland have always repudiated mr creais right to control the stream elias cook testified that owned land entered by the ditch of wl i hjohn bon wag water waster if the water had not been turned off on the alth of july it would have been my turn to irrigate irr igata in 25 licurs liours I 1 know we were entitled to the water in that ditch that day the taxes wt have paid haye been to keep the ditch on good order court adjourned until this morning FRIDAY iIO KNina this morning c urt opened at the usual hour judge J W blackburn on the bench after the reading of the minutes of iday by blerk names of the jury in the putter caad were called and responded to by all tha verdict was guilty as charged in the indictment the jury waa polled bv request of the defense after which de bensa fur u new trial and lime was given for preparing motion the jury in the case of the people vs quit johnson were called all were prea ent the case was proceeded with wiley thomia wai called to the stand bv the defense have been acquainted with the F eld irrigation ditch for abut twenty was on the little ditch two years about fifteen years fo joined with the aaa ihli fork irrigation company prior to eliat we ha 1 a dam across the river we thai alie brivil pr ivil afke of running the water of the ditch through tho ca in consideration aliey would pay their proportion in up the main ditch the was that we to go in mth them enlarge tho dittli it in repair nud baying dixe for llie privilege our water from the heid to the p int eliere we firsti took it out first look our water out in 1853 federal years before wa went into the spanish fork company we had acrea one man drew out aad we then had consider we are still entitled to it on that we were pi titled to it on tl e 1 ay johnsen was arrested we consider we had a prior right to that stream three y ear ao crear took the water from us two out of the seven days and said he had a right to do BO which we were d to although yielded he claimed to haye the right cross I 1 accepted a ri eatock in the company though I 1 n vcr banned binned the articles of ciet chaa always claimed the richt to distribute the water to the smaller ditches and we simply accept yd bis claim my understanding however was that we could tae the water out when we wanted it and were not subject to the regulations creer ui iglio make aa we were the oldest owners to the water right to the court we claimed the to what water we needed independently of others because our claim waa prior to theirs to mr king we obeyed cheera instructions aa to distributing the water to mr sutherland while so obeying and consenting to the reduction ot conr supply ionly we still claimed our right without reference to ot liera geo chisholm was called and testified anat he commenced to use water in 1862 we watered from a ditch di from the biyer now it comps out of the canal we agreed with the spanish fork company to join with them enlarge the ditch under their direction we to pay our proportion of taxed for eliat part only from the dam to our gate we never consented that their should distribute to us rater to the court never agreed that when the water fell abort we should accept our proportion to mr sutherlan I 1 we never waived our richt we originally aed water for acres mr king showed hirthe stock book and bitnes answered that the signature acknowledging receipt of stock was not his it was his sons name to mr king know nothing about the certificate to it my son and I 1 are partners it id true we with the company only so far as it was from the dam to the gate to mr sutherland my son owns land below the sate to mr sing my son owna land with me ou our ditch selectman john jones was called ny the prosecution who testified that he the committee that aa a member of made arrangements for the comins in of the parties in the smaller company they were to come in on exactly the same terms rulea and regulations as others tha parties who appeared for the johnson company were wilsy rhomas and george Blem to mr sutherland they were to hive their boril in kt the gate the al ready had the right abiva and it was understood they were to beet their portion brought from the bamat the distributing point to the court it was understood that they had a prior right W 0 creer next toofe the stand mr Joh Biona predecessor boak toak out his certificate and agreed to the tabulations of the company civo daya out of seven would be more than their proportion rioth aides rested mr wm crier first addressed the jury in behalf of the prosecution after arguments by counsel the court instructed the jury to render a verdict of not guilty F W cox indicted for adultery changed his plea to guilty sentences was set for oct 24 john R underwood indicted for plead not guilty in the case of paulsen C karaen vs louisiana larsen 20 days further time was given to answer S mcdonald withdrew as attorney in the case at 2 this afternoon a jury was sworn to try the case of the people against odis charged with ftc s mt with to do bodily harm W II 11 kiu jd and booth wilson defended E mayhew ana the first witness called to he aid I 1 waa in pleas ant grove on feb last saw difficulty between heber and defendent in a biloon pi loon saw kendall bieza a club aich had been used for a poker and ehrike clark on the head dark waa standing there did not hear any of conversation to mr booth the club had been i k handle and was about two feet long dark was under iha influence of liquor I 1 was ten feet away not close enough to licar two or others there were under the influence of liquor mr kendall was not clark was escorted out by the arm mr carl nelson testified that he saw the trouble I 1 was standing at one aide of the store dark came with a billiard cue n hii hi i hand anil wanted tu measure me and then asked for the loan af pf two or three dollars kendall said he biad no money to lend and dark called him a name and said I 1 ask you when kendall took up the stick and struck clark over the head to mr booth dark had been drinking and angry they took him down home heber dark wa next sworn and said I 1 am the struck on the of february last 1 wag playing pool in the saloon and in fun took my cus and told a boy there I 1 waa to him and then in fun asked him for a dollar or two when kendall i aid some thin ani I 1 answered him not in very choice words when the first thine I 1 knew I 1 was struck over the head and fell on trial when we went to press |