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Show DTAH DAIT.Y SUIT Are Minority Stockholders Allege They Being Frozen Out by the Capitalists. being taken by Judge Rolapp in the Second district court today in the suit of R. S. Joyce, Thomas Maloney and the Eccles Lumber company against the Ogden Sewer Pipe and Clay company. It will be remembered that Judge Hall at Salt Lake granted a temporary order restraining the company from disposing of its property and riant here. The plaintiffs allege that the property is valued at $40,000, and that the company only wish to dispose of it to freexe out the minority stockholders, who are the plaintiffs and others, and then to start a new company. It was agreed between counsel by stipulation that not only the order to show cause why the injunction should not be made permanent, but that all the issues on their merit should be tried today so that this Is a final hearIs ing. At this writing a decision has not been reached. A. G. Horn represent the plaintiffs and C. O. Whittemore and Judge Cherrington of Balt Lake the company. LOCAL BRIEFS it ; FITZMILLER OFFICER FOUGHT IT OUT SPECIAL IT. DID HE SAYS STREET. ON THE BELLIGERENTS Mra Clara Blythe of Evanston is In the city. Told Hot Air Story to Officers and appeared Again This Morning. Mrs. Lillis Blskelty Did Not Use Marquis of Quoonsbury Rules When She Slapped Mr. Dykeman. and battery, alleging that he struck Mrs. Blakeley with his hand. Then Mr. Dykeman came to the fore. He caused a warrant to be Issued for the arrest of Richard Parker arid Lillie Blakeley, charging them with disturbing the peace and using foul and indecent language. The matter will be further aired In the police court tomorrow morning. WAS USED. Defense of Burglare Is That Were Induced to Commit Crime. They stool-pigeo- the city. defendants to commit thi burglary In Mr. and Mra Henry A still have gone question. to California to spend a few weeks. The men are accused of entering J. A. Munroe, freight traffic manager and robbing the store of John Belcher of the Union Pacific at Omaha, is in on Grant avenue, April 14th, and the the city. D. Hamer, official stenographer of the Second district court, has return ed from Logan. Deputy United States Internal Revenue Inspector John A. Lense was in the city yesterday. Sheriff Joseph Josephaon of Box El der county was In the city last night en route to the cut-of- f. C. O. Whitmore, counsel for the Ogden Sewer Pipe and Clay company, is up from Salt Lake City. Councilman W. Rollo Emmett took the train for Salt Lake and other southern points this morning. Mrs. M. E. Higginbotham and daughter, Miss May, left for San Francisco last night to visit relatives for a month preliminary hearing la In progress this afternoon. It was shown that Detective Pender obtained the key to he store from Mr. Belcher and that the accused were accompanied on their exploit by John Hailing, who has on previous occasions turned state evidence. and The accused men are were under surveillance. They assert that they were made drunk by Hailing, who afterwards persauded them to go with him to the store and rob 1L Captain Hulanlskl Is conducting the prosecution and the defendants are represented by M. D. Lessenger, who stated to the court that this would be the defense In case that the matter was sent to the district court. or two. Ben E. Rich, president of the southAN ERROR IN COUNTING. ern states mission, came down from Idaho last evening and remained at the Methodist Ministers Msde a Mistake Pacific hotel over night. at Railroad Restaurant at Last evening about 7 o'clock a horse Montello. attached to a carriage, driven by Bud Reed, slipped and fell, sustaining a on Through some error that has not sprained hip, on the pavement Washington avenue in front of the city been explained the Methodist ministers on their way to Los Angeles to the hail. general conference made a big mistake MARTIN SMITH DISCHARGED. in counting noses at the railroad resThe charge of attempted criminal taurant at Montello yesterday. When ,the cashier at the restaurant assault against Martin Smith was not sustained yesterday afternoon in the went to count the checks after , the premilinmary examination and he was ministerial meal, so the story goes, he found seventeen more preachers had discharged. been fed than were accounted for. It GOOD INVESTMENTS. Is not presumed for a moment that the Four houses and lots; preachers intended to short change the condition; railroad location; pays 10 restaurant, and It Is believed that any per cent net. E. S. ROLAPP, Ecclea mistakes made will be rectified on the return trip. Bldg. - flrst-clo- ss ICE. The Citizens Ice company meets all competition and guarantees the best service and the purest ice. Office, basement Reed hotel; teleSuccessors to Farr Bros. phone Ice company, Mountain Ice compnny, M. L. Jones Coal and Ice company, Jno. Farr Coal and Ice company. 71-- t t T. S. LEWIS & FIRST. Civil Calendar Is Heavy One Cases He that he far about to leave the train at Ogden yesterday morning with his prisoner he removed one of the handcuffs from Lenox's hand so he could handcuff him to himself. No sooner had he removed if the handcuff than Lenox Jerked off. fol was Fltxmiller and loose lowed, but Lenox got off on one side of the train and the officer on the other. Then the chase began and It continued for four miles at least Fltzmll ler said it did, but he was excited. Near the Southern Pacific bridge he fired two shots over the fugitives head, but that did not stop him. Then the race for life was on. Through the rain and the mud, through the Jungles and the fields, across irrigating ditches, over sloughs that mad race went on, until at last the murderer attempted to ford an arm of the raging Ogden river, and as he climbed up the bank on the other side Fltzmlller took aim, the gun cracked and the slayer had gone to his doom. Fltzmlller went to a farm house, rested up, dried his clothes, left his gun and came to the sheriff's office and told the above story. Then arrangements were made that the two sheriffs. Special Officer Sullivan and Coroner Howell should visit the scene with Fltzmlller today and recover the body. Fltzmlller slept with Quinn at the Broom hotel. He arose early and said he would meet them at 9 oclock, and Quinn continued his slumbera Nine o'clock came but no Fltzmlller. Search was Instituted, but he was non esL Search was continued, but at this writing he Is still as much non est as he was yesterday at this time. The May term of the Second district court begins tomorrow with Judge Henry H. Rolapp on the bench. Cases have been set for trial up to the 17th of June, when the court will probably adjourn for the summer vacation. Motions will be heard tomorrow, at the conclusion of which the trial of the criminal calendar will be begun. The first case set for trial Is that of Michael Riley charged with housebreaking. In this case it la probable that Riley will plead guilty to petty larcer.y, which plea would be accepted by District Attorney Halverson. Another case Is that against L. E. Dunning, the train buggagemaster, charged with embezzlement and grand larceny. It is probable that he will plead guilty, but should he not the case will be continued until May 16th. The case of Ogden City against John Smith, the barber, an appeal from the municipal court, is also set for trial. When these matters are disposed of the hearing of civil cases will be proceeded with. Oue of the handsomest lium of strictlv LADIES' AND MISSES' STREET SKIRTS we have received thia eeaa K the Weakest ready-to-we- A fine VIGEIIO for ladies, highly finished and perfectly tailored ; navy blue and black for ' KlX(i gar 1 the fit aii.1 h1,,,1'rnWn kl gray and skirt of exceptional elegant ' 111 Si line of English Worsted TAILORS CLOTII in mixtures, grays and blues, A skirt that stripes usually brings $8.50. We have marked them at A desirable FAIR ASSOCIATION MEETS. llne VEPt7 'i $3.00 S. J. ;'U waist measures. A verv pretty garment fur. ... all lengths, Gray ClIEVlOTS handsomely made by expert tailors from a very fine quality of this desirable fabric for 0Ur ar whed, all lengths $2.75 . Burt with fi & Bros. If You Want One Reports Racsivtd and Officers Elected for Enouing Year Will Arrange for Fair Meeting. YOU WILL FIND IT HERE The annual meeting of the Weber County Fair association was held yesterday afternoon In the courthouse. A majority of the stockholders were present or were represented by proxy. President Preston Blair, who presided, called the meeting to order .and made a verbal report on what had been acompllshed during the year. The reports of the secretary and treasurer were read and showed amounts received of $5,867.68 and disbursed of The reporta were accepted and Ice Cream Freezers Gasoline Stoves Oil Stoves Carpet Sweepers Sprinkling Cans Garden Hose Garden Tools Glassware, all kinds Dinner Dishes, in sets filed. The following officers and directors were elected: Thoa. D. Dee, president; O. M. Runyon, W, M. William treasurer; Craig, Raymond, secretary; Thoa. Etherington, E. M. Conroy, Preston Blair, A. M. Van der Vlies, Charles Zimmer, J. G. Read and Lee Harmon, directors. President Dee, on taking the chair, made one of his usual fellcltlous spech-e- s and appointed the following advisory committee: John Plngree, H. C. Bigelow, Fred J. Kiesel, Timothy Terry and the mayor, who will act with the president. On Tuesday afternoon next the board of directors will meet and outline the work for the ensuing year and fix the date for the fall fair meeting and attend to matters incident thereto. vice-preside- nt; or single pieces Silverware and Cut Glass and all the little articles so necessary in the kitchen OUR FIVE POINTS BRANCH STORE IS NOW OPEN. TO ORGANIZE INFANTRY. THEY' WANT THE PROPERTY. Meeting of Amateur Soldiere Held Last Night in the City Rea! Estate in Slaterville Is the Causa Hall. of Law Suit. attended meeting of young men was held last night at the city hall for the purpose of organising a company of infantry for the UtHh National Guard. The meeting waa called by Acting Captain Graves, who presided over its deliberations. There are now thirty-on- e young men on the rolls of the new company and forty are required. As soon as the other nine are secured the compnny will be sworn in and will be furnished with the necesary equipment that is given by the state. A poorly RICHARDSOR&GRANT (INCORPORATED.) W. L. Maginnis has commenced suit In the Second district court iu behalf of J. J. Hutchins and Mrs. E. E. Stang-e- r against James McEwan to recover some valuable real estate in Siaterville. The complaint recites that the de fendant married the widowed mother of the plaintiffs, but that she had deeded to them the property in question, reserving to herself the life estate of the same. On her death the defendant entered his claim to the property.which was resisted by the plaintiffs, and this suit is the result. The property Is said to be valued at between $3;000 and The Crockery People 4 LIFE INSURANCE INFORMATION t X Five-roo- ty-flf- th BUREAU. The Pioneer Life Insurance, Abstract and Trust Co. Information concern ; X but furnishes expert InglL of prefn t 4 Examines policies and furnishes a guaranteed abstract values and close estimates of future settlement values. Correspondence given prompt attention. X GENERAL OFFICE: 5 Progress Blk, Salt Laks City. A CO., Jewelers and Opticians AVE. 2419 WASHINGTON AYE. 202 WASHINGTON Does not sell life Insurance 414-41- G. R. DAY, Local 2486 Wash. Ave, Dishes at Trifling Splendid DECORATED Breakfast Plates, t 4444444444444 . reputalion for hjgh-c1ado, it will only necessary for us to say th best the cloths in the market comprises ment bears the stamp of extreme care and'., ,p it making. Every Skirt represent, low prices we have placed on them. hirn-ae- THE HORSES RAN. farmer with a wagon load of coal tied his team to a pole in front of the FAREWELL PARTY. Boyle Furniture company's store last evening and went into the store. His horses then became frightened, bmke Miss McKay to Bo Entertained by Made Young Again. Girls of Wobor Stake loose and ran south. At the comer One of Dr. Kings New Life Pills of Twenty-fift- h Academy. street they ran east ent-night for two weeks has put me and into a laundry wagon and the In my teens again," writes D. II. Tur The Weber Stake acudemy girls will Reed hotel bus. A convenient telener of Dempseytown, Pa. Theyre the graph pole soon put an end to entertain Miss Jeanette McKay at the things. best in the world for Liver, Stomach Parry hull on Friday evening. Dancing and Bowels. Purely vegetable. Never will be the order of the evening. The A Positive Necessity. gripe. Only 25c. at Jesse J. Drlveri party Is given In Miss McKay's honor to 14 bed for Having lay upon my drug store. prior to her departure on a mission. a from I bruised days severely leg, only found relief when I used a bottle Miss McKay will probably be gone two of Ballard's Snow Llnhncnt I can years, laboring first at St. Louis and cheerfully recommend it as the best subsequently in either the southern or medicine for bruises ever sent to the eastern states. Be affilcted. It has now become a positive KENNEDY'S" necessity upon myself. D. It Byrnes, Lunch and Ice Cream Parlors; Dairy Merchant, Doversvllle, Texas. 25e, 50c, open 6:80 n. in. to 12:80 p. m. 2454 $1. Geo. F. Cave. Washington avenue. DO YOU WANT A HOUSE? I have a number of nice homes lo- TOO LATE TO CLASSIFY. cated in different parts of the city owned by eastern parties. Must be FOR RENT house by buysold at once. Easy terms If desired. ing the furniture: cheap; 682 Twen E. & ROLAFF, Eccles Bldg. street BLUE FYFS Are Said to J. CRIMINAL CASES WILL BE HEARD Are Set for Trial Up to June 17th. belonging to Richard Parker, and in Holmes might be nceptuble to them one of these sorties the dog killed one in locating Chris Fltzmlller, the man of the ducks. for venter street and the officers were searching Last night at Thirty-fir- st was who and supposed to have in day, Quincy avenue Mr. Dykeman met Mr. his Charles Lenox, the Butte charge Parker and Mrs. Lillie Blakeley. A murderer. While the men were quarrel ensued. Yesterday they thought Fltzmlller having a war of words it is said that was dead and the murderer had esMrs. Blakeley slapped the ears of. Mr. caped. Last night the former resurDykeman in the good old fashioned rected himself and killed the murderer. way. At least, he told the sheriff's officials This morning Mr. Dykeman and Mr. thnt he did. Blakeley visited the office of the inu The story would read something and niclpai clerk together friendly-lik- e iike this: It was about 9 o'clock last each took his turn at swearing out a night that Fltzmlller walked Into Shercomplaint. iff .Baileys office. He was pale and agiMr. Blakeley was first at the bat. tated and his clothes and appearance He caused a warrant to be Issued for gave evidence as if he had traveled a the arrest of C. A. Dykeman for assault aa was distance.' stated A. H. Christiansen of Balt Lake City is in Ogden today. The defense In the trial of Joseph Pennel Cherlngton of Salt Lake City Murphy and William Moore Is that a wia In Ogden yesterday. n was used, who not only J. W. Edmonds, a Pocatello mermade It poslble to detect the crime hut chant, is in the city on businesa that the stool-pigeo- n, acting under dl Mr. and Mra A. E. Storm of Black-fo- ot rection of the officers, persuaded the In Dis- Sheriff John J. Quinn of Butte, SpecIt was all about a dog and a duck. la ial Officer Sullivan and Sheriff Bailey It seems that a certain dog that in the habit of following C. A. Dyke-ma- n and his deputies are not looking for was also in the habit of making a Moses to lead them out of the wilperiodical attacks on the flock of ducks derness, but the services of a Sherlock Ed Fitzgerald has gone to Portland on businesa Hew SJii ,s STOOL PIGEON are visiting friends 4, 1904 T IS MURDERED CAUSES A ROW SOLD AGAINST OGDEN SEWER PIPE & CLAY CO. Evidence JOURNAL. WEDNESDAY, MAY BUTTE MURDERER DON'T WANT THE PROPERTY STATE 6 4 8 Price8 for Medium Sized Platter Soup Bowls One Quart Pitchers 18c. Oatmeal Bowls BROTHER WHEELWRIGHT OLA.S CROCKERY. PHONE m Rv 147-- Z. AN HN0T0 V0 &e fJrJOURNAL W firvltF flna Month Rv Mail. One 4 |