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Show 0(.DEN DAILY COM MEIiCIAL: DESPERADO UN TRIAL .1 1. DAYTUS'S 4l.l-F.I- i IN THE DISTRICT C'OFHT. Ht fa. )n U.U Uiul coriMT tb past of tike uuii i t U unaatdialnv ... THE up Ui AMTKEi: OILI ft-- r Jj -both From tkr rVnilrtiiiarj Is uf uVa Ht to HbA boo lodgio Tttv a Urate rhanrrt divided up the money. amounting to Attrr o Hjajj tmt to bad. Tn That Seal Uiai I ;.. r, u. ricdm tad Harms tUiiiu a frkia Eubkrr Has H Hrls Is Tm Uriutitua ud Skat Kill FitM Hij.i Httt ia lltirii- Yerterdsv afteruuuD the District Court against ruuot w crowded ben the Uta notorious EJ. Dayton was railed tor trial Tbe prisoner was brought into court handcuffed to his former partner in crime, Joe Nay. No counsel had been procured for him and Judge Miner appointed Mr. V. tiideoo to conduct his defense. Mr. D. Evans appeared for the prosecution. Tbe following jury was impanelled: Edward SewelL U. L. Doty, Thoa. Fryer. Mark (.'has. McComie. Hm Fletcher. B. C. Walton, rl B. Tripp. James Brown, J. If. Phillips, P. M. Paulson and Herbert ( )rm. It woe a cane which was qualified to attract interest; as much for the bold ness of the crime as for the churactor of the defendant at the bar who sUkmI to answer for it. Dayton is only 'SI years old. He was dressed neatly in dark clothes and wore a light flannel shirt and a neck cloth of black silk. He might be termed a handsome man. His features are strong and regular, his eyes are clear and gray, bis complexion is fresh and ruddy like a country girl's, downy mustachuiH, just learning to curl, shade almost imperceptibly Ins upper a head, the shapely Upon lip. black hair lies close- - and slants forward toward the face; there is aggression in M0 hair. With all the regularity and rough beauty of his face, there is some thing about it funster and rtpaUul The smi gleam in their deep sockets with tiie feverish lire of a panther's; the thin nls, the couipressetl mouth and the hard lines about it. are natural hiero glyphs, whoso HI tilling of cruelty and rWostMa. it needs no Mat) lore to do cipher. A powerful and athletic bodv is the patent well of the vigor and physical force that lives in his every movement. A stout fellow is Dayton, just the chap bis phiz in a black to mask vizard and cry, "Stand and deliver" on some mountain road. He is a graduate from the school ot Billy the Kid, an im itator of the Jameses. In his early into Arizona from days, he blew the east. Life in those days in the territory was lively enough for ordinary mortals; so dopressingly lively , in fact, that the most nourishing town down there was verv naturally and ap propriately dubbed i'orubstone. But it was not exciting enough for oao of Dayton's kidney. He rode the range as a cowboy for a while and won fame daredevil rider and eruck shot with M rifle and revolver. Then he took to the road. Many a rancher cursed the day ho did it- - How many tat steers and horses he ran off to distant murkets no one knows exactly. But the authorities of Arizona do know that ho is wanted in half a dozen different counties, for stage robbery, horse stealing and murder. His most daring as well as his most famous adventure was the looting of a Denver It Rio Grande train at Thompson's Springs, in Southern Utah, on the 6th of August, 1881). Only himself and Joe Nay were concerned in it. They halted the train and Dayton marched the engineer before them at the muzzles of two big navies into the passenger coaches. Nay stood on the outside and churned into a Winchester the windows at such a furious rate that the travelers on the train imagined, a legion of bandits were upon them. Dayton forced the. engineer to carry a bag through all the cars and while the eyes of the passengers went down the barrels of two persuasive revolvers their valuables went into the sack. And the robbers escaped with a swag, worth more than $1,500. Bloodhounds were put tipon their tracks but the scent was soon lost in the hills. On the 15th of the following September tho crime for which Dayton now stands accused was committed here in Ogden. After the train robbery, the two youthful highwaymen made their way to this city. Dayton frequented the gambling halls and learned tho fact that Tom Dennisou, a promiuent member of of the flash profession, was wont, toward to midnight, carry his bank's money out of his house to deposit it in a place of security. His plana were quickly formed. He waited for Dennison ore night and met him in the hallway of his place with the coveted bag tilled with gold and silver in his hands. Presenting a pistol to the gambler's breast, Dayton demanded the Dennison attempted to parley, money. but Dayton stuck his pistol closer. The argument of the cold muzzle was con Dennison handed over the vincing. bag. then made down Dayton the street, and several persons, alarmed Dennison were soon by hot upon his traces. Billy Fields, a barkeeper was among his pursuers. He outstripped the chase and was gain-iuupon tho highwayman. Dayton seeing himself pressed, turned and shot Fields in the leg and then dodging and turning, baffled pursuit and escaped in the darkness. Two days later, he and his crony Nay were captured by Deputy Marshal Pratt and Sheriff Belnap in a bdhard saloon on Twenty fifth street. The first witness called vesterdav was Pratt. He told how he' had taker. Dayton to Provo where he was t Kit-har- J . Or. Offers yon Hi pu-?- ol.r ( t. An D--i- UjlW. lnrw II fr.r im m ir 1l !'.ii KHawa t i B rr s wTabslar. of U city D. iruia Vaastwaw qBn iknla taauaiM Hi. Trial d.3J;ej aa tac Marin Council Bluff., u A-- VarnsW. uf taar a lasr daya. bar I Linen Bosom P. P. Metx of liac Pranteu ia at., piUg at tiie IS: uf Sau Pranctsnu arrirad F. U Uu.-b- rtt May. few White days. W. v W II Simmotia. Each, all sizes. Jo:,n M.Vraady aud Jaa F Marsbai. ail of Halt l.nsa, registered at tiie Brouui yesterday. -PiU Mac" the all round msm sannof uanver, tw makes and unmakea Statesoien. and who destiny of Colorado Um M BTSal paeafenl tb U.eeilyof course, but cannot recover wliolly from tba di lution that hi ob u httle UWB on Cherry Crock is tbe finest in tbe world. rcs als(. I . ( hurrh oi l lie dood Shepherd. Center Grant and 8. I'nsmorth. t.cUir. Thauksjfivirg service and sermon on Thursday, at 11 o'clock. . Twenty-fourth- Line of Full Holiday trade, at Prices in Proportion with the above j - hue a We have Dress Shirts for Masquerade Ball. (Irand masquerade ball, tonight, at AH respectable Union Opera House. people invited. Coatumea a ill be fur ' msh- .! by J 111) :i4 i.hhi!.g irurton avenue, opimaitu Driver k Son N" "1.1 OMSiVM All new. LOEB Tluuksivintr liiuier. The Collowing oeh. ioua menu will bo served at the Braoni Hotel n ThiiiMlay. Nov. JTtn i':.ai,i;fi.i,g Day. commenc in; at 4 o'clocl: p. m.. ar.d continuing un-tiI p. m.: & MY KR PROPRIETORS l r: ( MKM t 'M on ; R.tkrd Mh ahforui Put I llll Half Shell. ffli- mur. 'ot.anii.iiii Kuv.tl. Cliirkro rfei Sxlni .ii :t r... i'.-- h U Quaea - Washington avk. 2410 lUveiar. I., Llid ll;irn ( l.,nt ( Sjliri-- , Oj Tunifur, l'iUUIII iBBSSi if in Ohvt. hoii.co. 8:14m Un- - laundried Shirts tor 50c of Luna. for a Four-pl-y selling A. L Mwr HOBBS. Annex, 276 2.1th St - - Hen-derso- wbaaai Rnuto a l Fillet IVeuf, Hqop, Mr. W. W. Rydsr, superintendent, George E. Baird, assistant superintend ent and E. C. Manson, trainmaster of the Idaho division of the Union Pacific at Pocatello were in the city yesterday. District Court Matters. The People vs. John Lullerot ai.; tinued till this Afternoon at 2 p. m. ' con- In re delinquent witnesses; ordered that writs of attachment issue it) OSSS of delinquent witnesses. Grand jury came into court and re- ported three indictments against terry-- i torial offeeaders. and three against United Btatee offenders; The People vs. Walter Oleen; Evans it Snelling for plaintiff. V. Gideon for follow ing The defendant. jury Seweil. William was impannelled: George Stetson, J. T. Mcintosh, M. Q. Nan Dyke, Fred Massa, John McManus, Fred Mizener. J. W. Allen. 15. L. Byliee. John Bradley, J. E. Spaulding, and Witnesses sworn1 for the Aaron Dewitf. . T T T, prosecution were: sames nuugri, soon James Cooper; BaUgh, Joseph Cooper, for tho defence, Walter Glenn, Jeaanet to Henry. Adam Glenn, John Glenn, The jury were (out a J. Bonkhead. and brought in'a ver an of hour quarter diet of guilty The court sot November 31 as a tune for the passing of judgment. In roof application of Joseph Qbera John Oborn to beooae citi and Joseph , i mi. i"Af. order annulling mem. iiiey .ire from England and live in Weber county. The People vs. John S. Kelly: order that witnesses for the defense be sub- pdroaed at the eirpeose of the territory. Motion by J. 8. Painter and by consent of D. Evans. Kelly, who in charged with a murder committed twenty six years ago in Cash Valley, w ill appear for trial November 2& 1 . - h I Mr-ii(fi- l .1 iwiiin i( Uam oun ion- PlIrrNAM -. Haolaad Snl.-- . Pan, N.imllii rUTor. DtvOlad Craaa, asascs, PHaM atrtola af Beat S.irklnu: I'iu. with BaWSS, - 1 St nat-il- . I milk aa . lourii.- urki'luil Ii L. with . aBBBBSBBSBBSw iple I ne Price Clothing House 1 ouua w For sale Slock ami lixtures. men's furnishing goodB. Finest stock and best location in the city. Call on or address C. A. Hurssell, First National Bank building. 'As will bo seen by a notice in this issue, the firm of Stephens & Stooo has been dissolved by mutual consent. Tho business will be continued at the old stand by W. S.'Stone. Tho new chromatic lithograph calendars of tho took Island route are being distributed in this city by Mr. C. D. Oolding, agent here. They are very attractive and the first in tho Hold. PatesV loin (hu. . I'lllHtlN-K- Mci'i li w VCCI.'I Mllll'll mm I 3G2 Tomaloe" 'I St, Woodmstnippe Blk. Twentrc-Fourt- h 1'AHT Coeoi Apple Pi". I't'Di I'hucolnte Iro nm. ( Salt-- . ( offv. Tai.i n A ItalCHW, reiM K'l ( m 1m BnSBM m Tra. Im Furnisliiiijr Hiik lo I bbYJ m llec y shoes, Buxtitk Bbkaks The lircatcst Mriki Ktaaag tbe great strikes that VALISES. TRUNKS, of Dr. Miles in discovering his New Heart Cure has proven itself to be one of the mot important. The demand for it has levorue astonishing. Already thn tri'tit-mcnof heart disease is oeing revolu tioni7.od. and many unexpected cures effected. It soon relieves abort breath, fluttering, pains in side, anus, shoulder, weak and hungry Kolls, oppression, swelling of ankles, smothering and heart dropsy. Dr. Miles' lxxk on Heart and Nervous diseases free. The New Heart Cure is sold unci guaranteed bv H. A. Walker. Also his Ftestorstive Nervine for headache. Iits, spikes, hoi flushes, nervous chill-'- , opium habit., etc. All at SOU Go CHICAGO PRICES! t Tam. it What itosii a Corner Tuesday. Kiit HOUSE! Snpiort'd Mr .Tile Ant! a BKMl Mr. 0 iPmvo'i Oouuixl. Tiie Valley Btgttor ('mpob4lo, t, Violin solo (iriuul Concerto Vieurlemi. Harr Aururt AanwM. I. ir Tle Voire That Thrills un Henrt l.'ossii.i. Mir-- s 'i. ('aahlf ( a Jil rnfki H I timpany of Tint, if Hhajtsoilie 7. '! Ill THE rtl Seat!' at ltond's. $1.25 and t) V l J Mst Verdi, a. Min Uakadai aapa harjak skrivit. Aht. ill SwnUth Knhenstein. b. Die Nwhticnle.inCeramn - I " CmJQfflg !1' ,, vi.iliii ...... PiffniiDinopizmi Ran a. aamold Sararate. Piano nolo Tmilee Heft hand noloi Km inn. Master Lonie iwQati Djaat- I Live anil Iaivm Tin.'.- Campann. Miss Ci'.ire Porter and Sii;iior Camisits-llo- . ..11.00 Ssata ffi.6";;;: Place and tirket- - at fltcey WasliiiiKton a wane. V Oram. March Chivalric Invitation is Bstssdsd u S. M. Yi t. VV rKEHiSH A H UNDERTAKER, And Funeral Director MetMlie C.ekets Wood VM ami Special Attention paid to Kmlmlmin- and Prapdiias Bodies for Shipment. Orders bf teiegTajill promptly aUended to. J lavr the only Hearse in the eRs. Tele- pbooa N, 111 Co(Bim (lonnod. Mis. (irace Porter, with violin ohiigato blf HTT Aa mold, pia:m taOCOmpMiineBl Dy NlttBI ! Mi ReM'i-M'- Richard III. 2 WaW CaasssWta, LK Tufaky, No. Maria 10. RICHELIEU. Qraof rorter. Hoiifcrt-oise- Matter l.onie Elbel. i. Itonianre When In the Bvenimt TrwtfMiinn, - I - EXII1IUTI0N DRILL j : Rouuilire i. hj IM TUB- OPERA HOUSE, ,MSSi!mka' ' it Tiis i mi ( I, P.M.,- O. O. F. L rEAND program"me ii:i:s. lviihint No. CLASSIC C0NCEBT3 Tlmmlay. Nov. 27, 90 k kI AtMtvftrnnceof tho Won, (Wen Thursday, Nov. 27th. I AND Of THANKSGIVING NIGHT, Two Ni(flitf Only. Mondav I FIRST BALL Si. nnU Adams avenue. 2.MI1 TJ I K BKVOK, man UTAH. KJDEN, mmm is it? (fflU ONION ( 1!i:i.akfast. fiki-or- k a K. T. RA N E, N J We are Friikan, Idabi. a are ai tnc Brouax i n Turkeys go tomorrow. Masquerade ball tonight. Masquerade ball at the opera house tonight. 'Regular meetiug of Thornburg A Houtz's dancing class last night. Brilliant musical on erf ut the New W t Academy tomorrow evening. Charles D. Newton of Top-k- a. K in.. iu the city, on his way to the const. The Union Pacific "Fast Mail" came in yesterday luoruing sis hours late. Notice the news of the big dinner tho Broom will serve tomorrow, printed in another column. Maden Bros, have the bowling alley in the rear part of their place on Washington avenue nearly completed. There will be a Thanksgiving tcrviee i.nd sermon in tne Church of the I Joed Shepherd tomorrow at 11 a. m. Thomas Fitzgerald of the Southern Pacific compauy returned yesterday from a trip west through Nevada. The attention of voters is called to the ollicial notice of Registrar F. B. Hurl but. Every voter must be registered anew, as the next election will be la a c&u. ail L.Uer ouJ ife.uf k UUCP. Mam uf Ccieiaad. U. risunag People bad begun to think that the litigatu between the slrvet radaay bad been tailed over for tbe t. It was an idle thought. Dur seasun of the senaMaf ing tbe truce, co"oe another outbreak un the part ut tba litigants. The Jarvi-Conun Company laid in an ambush uf thick legalities for iu rival ou Monday and during the course at the contest catue very near sending Mr. U. H llaii latwual to jail. It will be renieoibered that in the early part of the present month a suit was filed in the District Court by the Jarvis-Conklipeople agaiastthe ll . demons to recover fl.Vi.iJUU damages, for hindering and obstructing their work at Twenty fifth aud Washington. The plaintiffs accuse the defeudauttt of at tkat point by blocking their road-beforce and of ocspiring to take uoleiit possession of their right of w ay. and to depreciating the value uf their property. The suit is still pending. ll wiu to get the oaMaastaOM of the was defcudanU. that Mr. suuiDioued last M oiid iy to appear befo'e Commissioner Perrin. A number of questions acre propounded t--. him by Mr. Hudson, one of the attorn.-;for the plaintiffs, such as regarded his idace of residence, place of taisimw, etc. He answered them, since they were of little Mr. Hudsuu consequent, but uiien asktni him the naiuev .f the sU !; holders of his company, the value of its capital sUx-and whet her lie was present the night of the first trouble, he closed up like a clam and refused to reply. The commissioner considered the nature of the queries and decided that ho should answer. His decision however went for nothing and Mr. Henderson persisted in his silence. Mr. Hudson then asked that the re calcitrant deponent be committed to jail for contempt of e nirt and the com missioner hail an order entered to that effect. The execution of the order was tardy aud yesterday afternoon Mr. went before Judge Miner and oh tai'.ied a writ of halieiis corpus, aside returnable forthwith. Tim raw) was not heard, however, aud Mr. Henderson gave no bond. A reorter of Tin; Commkkci.m. found Mr. Henderson at the rooms of the Og den Club last night. A ilaspy-hoBochair and a blue mist of cigar unoke formed the prison oeU that he occupied. "1 am supposed to lie iu jail," he said, smiling through rifts of the fragrant clouds in lieu of bars. "I don't supimse they will insist strenuously OB my going to prison. I haven't gone yet, and am not very much afrwid of going. Yes, I suppose the commissioner had a perfect right to sentence DM for contempt. But I will make a tight against answ ering any such questions as Mr. Hudson asked me. You know how depositions are taken. Tiie court decides upon what not ions are proper and what are not proper. The other company got me before Commissioner Perrin on tho pretext of taking my deposition. It was a subterfuge to draw from me the line of defense my company had laid down: nothing more nor less than u scheme to make me show my hand. The questions asked were irrevolent. not to say impertinent. It would have been the part of a gudgeon to have answered them. I saw the trap and would not answer. That is all. I have taken out a writ of habeas corpus, and my trial iixn it w ill probably come up tomorrow (Wednesday morning. ana. . UassaV-ti- fa. W. tor iii The Ogden City Railway company was busy yesterday placing its trolly wire brackets on Washington avenue north of Twenty-fiftstreet. The wire itself was strung nearly as far as Twenty-seconstreet. The scarcity of coal here week after week is causing many complaints from consumers of that necessary fuel, and is said to be largely attributable to the failure of railroad companies to provide enough cars. The OoXMKRCIAIi has heard complaints made relative to the stench arising from the hack stand near the depot, Doubtless the union depot master will cause proper steps to 1)0 taken to remedy the evil complained of. The ('oMMKiii iAi, lias been requested to state that no special invitation will be issued for the lirst grand ball of Can ton, OgdeD, No. 'i P. M., I. 0. 0. F.. at the Opera House, Thursday, Nov. 27th, Tho invitation is general. The following telegrams remain un delivered at the Western Union office: Joseph Tarindo, Nellie Wellingtoa, Mr. I. W. Thompson, R Cabin, Joo A. Foy, Mrs. F. L. Douglass, Peter Marino, E. C. Roder, A. J. Aaron. Some criticism has b;en made on the Bear River Canal Company for the delay in making connections with the now pipes. The reason for the delay is that the fixtures have been tied upon the railroad, and of course could not be put in until received. An extra fine tea pound girl baby arrived at the home of Mr. and Mrs. J. if. WarcDeigb lateon Monday night. Mother and child are doing well. Mr. Ward-leighad a great gleam of satisfaction in his eye yesterday and ho and Mrs. Wardleig'h are? entitled to cougratula lalious, Soil the baby. Our handsome stand and library lamps are marvels at the price. THE FAIR. tbe Q H Sli of lasnswa--. P. tanatsi and J E. J- - of t own. d IN Order f Mr Sheriff Belnap, thm sect witnaaa, pro-dutbe sack aau swore that it bad baeo in hia M anup moo? Dayton a cap lure, and idLUried it as the una Mr. Prat! had taken from Da t um 'a person. Joe Nay was tbe third Ha objected at tbe outset to giving anv evidence at all, but hi obm-tioueat Cor nothing. He stated that he a a Is years old and a tine pimple) fared speritnaaot hobo youth he was that hie place uf residence a as "in tbe Utah pen" and that he had served 14 months of a five years' sentence there. Tha rest of hU testimony threw little light on the facta. The eyes of Dayton were on him all the lime and be dared not tell anything about the crime. He denied having bidden Day ton's satchel containing giant poader and cartridges, among tbe rushes along Ogden river, and denied leading Deputy Pratt to its place of concealment. In fact all bis evidence was a mass of ierjured irrelavencee. To give the prosecution lime to secure other witnesses, the trial was con tinued till 10 o'clock this morning. CUT !H". Ui E M KaswafCsicasrAMattbeBeiuas HlE : Brvaybt li IllLWUs STCELT GOLDEN EAiiLE tLU. ttawaaMS,f Daarr. a? in H. n ssatt g e Vurk t bece Md Uavtoa ttsr uirttiM ti Lom!. 11 WKDXKSDAY, NOVEMBER 26, IM0. tirst-cla- I'liirittL & iSUKATUh TABLETS, MP A. Spn:o's 2il bUMMEiKClAL OhFK E. EWBL KR Broom Hotel Block, 2483 Washiniiton Avenue, the FINEST QUALITY of Good.- - at the Lowest Prices. Every thintr Now. Entire New Line of Silverware Arrived Yesterday. OUT WE ARE OPENING IT TO-DA- Y, |