Show 1 mSTRIGT COURT Captt Davis Will Appear for Sentence Tomorrow THE DOUTKE8 PLEAD Parties Under Indictment Ordered to Appear Ap-pear and Plead on Friday Moraine Next at 10 OclockJudge Watts of Eureka Gets a Verdict Without Offering Evidence Evi-dence The First District court opened this morning after two days vacation Judge King explained to the attorneys and jurors that unexpected judicial business in the Fourth district made it absolutely necessary for him to be in Ogden and he was detained there a a great deal longer than he expected hence he could not hold court here The explanation was entirely satisfactory satisfac-tory to all concerned Some cases set for hear ng but not yet ready for trial were passed and in one Michael L Powers vs J S Watts a verdict for the defendant no cause of action was returned without eyidence being offered The plaintiff was not in court J M Allred convicted at the Manti term of court of adultery appeared for sentence Judge King was his attorney attor-ney at the trial and of course could not pass sentence The matter went over temporarily A motion for an arrest of judgment in the case against J W Taylor of Santaquin on account of insufficiency of the indictment was made and argued b y Attorney M M Warner It will be remembered that young Taylor was tried recently on a charge of assault with intent to commit rape upon the person of Bertha Mousley He was onvicted of simple assault Mr Warner holds that the indictment does not charge assault and that therefore the defendant cannot be legally convicted of that offense Eli Folland was appointed receiver for the Deseret Coop the affairs of which are now being litigated His bonds were placed at 600000 Captain Davis convicted of involun tary manslaughter for the killing of Charles Brock was called for sentence His attorney Mr Sutherland explained ex-plained that Judge Henderson of the attorneys for the defense was in consultation con-sultation with Judge Judd the object being to agree upon some arrangement for the aisposal of the other cases pending against Davis for the killing russeli and Mueller It may be that these cases will be pushed to trial if the indictments are not dismissed and it may be even that amotion for anew a-new trial of the case recently tried will be made Mr Davis was instructed to be in court again tomorrow Tuesday morning morn-ing at 10 oclock At that time Judge lenderson and it may be Judge Judd also will be present in couit The case of Peter Huntsman va James W Huntsman was dismissed at cost of plaintiff No parties to the case on either side were present in court Andreas Peterson vs Scipio School district This was an appealed caseIn case-In the lower court Mr Peterson sued the school on an order issued by the secretary which the board refused to honor He lost the case and the court assessed the costs against him as well as 2000 damages It was against the payment of this latter that Mr Peter scn objected The ruling of Judge King was that under the pleadings the lower court had had no legal authority to assess damage in any amount Twenty days stay was granted in the case of W P Noble Mercantile Co vs Peter Madsen et ale Demurrer was sustained and plaintiff allowed to file amended comnlaint in t ie case of Israel Evans vs the Nether land Fine Stock and Dairy company In the case of Hannah Oarter ys James Carter an order was made appointing ap-pointing James Carter temporary guardian for the minor children The following settings were made and court adjourned Laird vs R G W Ry Co Oct 18th Mottvs Allred Oct 29th Saxey vs Horrocks Oct 10th A Q Robison vs Elizabeth Ferguson Fergu-son Oct 9th A Q Robison vs Peter Greenhalgh et al Oct 19th THIS AFTERNOON The grard jury reuortea haying found seven indictments under United States laws and one under territorial laws The judge ordered that all persons under indictment who have not yet pleaded be brought into court for pleading on Friday morning October 2th at 10 a m Alfred Poutre and son pleaded not uilty to an indictment charging grand larceny alleged to have been commit ted In Millard county this summer when they beefed a heifer not their own property Bonds for each were fixed at S250 CO Other motions and orders are being made as this report closes |