Show A cimie n THE mm CISE i lie h bow charged with felony athile kennedy is the proceedings in alie white case begin to look more ridiculous than ever and one who carefully reads the proceedings as they occur and as they are recorded la TUB STANDARD would lead him to believe that whites story is very likely the correct one those who have themselves on this matter appear to think that the whole thing as white says was a joke and that the other officers are at a gnat and swallowing a camel certain it is that from one step to alie other white has been in hot water since the attitio became know n the lat feature in the matter if alie arrest of white on ahn charge of felony the time was bet for hearing before commissioner cross at ten this in alie meantime the case against george kennedy on the charge of fornication come up babora the ladt evening before he case wase was caled however white appeared to plead to the complaint it charged him with having practiced by on hie evening in question having threatened to ao cue kennedy of some crime to this he pleaded not amly As he was not prepared for trial the case was about to be put off and the bonds nere fixed at aw while has going on painter and murphy attorneys torilia de talked with their client and they came to theron that they were ready and the case went to trial air painter opened with a motion to quash the complaint as it was boly based on acid belief and not on any tact that WM personally known to the party swearing to the complaint the complaint as made by the officer on matters 0 which he had no personal knowledge was not sufficient if made by kennedy himself it would be all ight ai be would claim a knowledge to the things to he swore it would then be good ant not one by hearsay mr llo lapp who appeared for the prosecution held that the wurt was not supposed to try the case and decide defendant was guilty or not before a warrant was issued for his arrest the as alleged in the complaint stated as much as any deposition could do and under the customary practice in Oali forcia and in utah the court could not consistently do anything else the con guint lie had at one time thought that there was something in alie proposition ol 01 counsel on the other side but he had taken pains to awk up the matter and he found eliat here wa wai i nothing in it air painter replied he cared not what the custom bad been or ft hat was the universal practice in the matter it often happened that the practice was wrong but was continued for years uncil a case was carried up to the supreme court when it was completely changed ahe S iprema court of california certainly tt ai as good authority on this point as himself and mr ane compaine com paint differed from that made by one knowing the facts it was sworn to on imorga kioa and belief it did not elate a siu gle fact but was dhawn up merely on conclusions the court was not born a justice of the peace it waa created by the law and was therefore a creature of the law As long as it wis within the letter of the law all was well but when it stepped outside cf that it was liable A deposition mast follow or there was no foundation for a warrant the arrest of a man could not be made without some evidence of ins guilt the court overruled alie motion to quash clr painter Pd inter acry well t we have here a motion for a change of venue alie ruling will certainly justify it I 1 should think alie motion or affidavit aatto that defendant bad amson to believe that lie could not obtain a fair and impartial trial in the court owing to prejudice which lio believed existed lii the premi aeB mr it was time enough to bring in a motion tor a change of venue when the thing came to trial such a thing as asking for a change of venue had only been heard of in alie court of lie city ball and it was not n the kroier line lie rea 1 to shiow tint ahn eliat be alil not bt lieve he could receive fair thial was not he had to bring ap some reasons or facca which led him to conclusions this had not been done this baa a felony n d they had no right to a change of venue until the CASO was put on trial the court wae sitting as committing com ma itrato and could nut divest of alie jurisdiction in the cabe if it could the case could not be tried at all until dismissed here and taken to another court on acolier complaint mr Pr proceeded to ebow what fools alie acre ho claimed that since the presentation of alie aall buvit for it change 0 venue hid no jurisdiction an fn the cae whatever all he now do was to send the cae to court it was true that a anstice did take a bond from the defendant after tha matter had passed out of ins bands but was wrong the court had no more carlm lichon n lie case than if it were dead As far as this was concerned alie courtway court waa dead you cant deny the defendant the right to say what court lie wanti to bo tried in 11 has never been d ina before and it cant be dono in L tab II 11 is not necessary to state facts but to allege them the law compels you to prank him a change 4 sir kalapp arose to when mr painter reminded him that he did not have the clofe e mr 11 I 1 roe to move that the affidavit be quashed created lauester from alie other side aa they ca aimed eliat they had never heard 0 such a tiling mr lio weer proceeded he eaid that they had arraigned the legislature and ever body else tiie w hole thing presented an anomalous state of affairs until the court divested itself of all jurisdiction it lull the right to act in the because a magistrate happened to bo a justice of the peace at the same lime did not alter the matter the alfida vt WAB insufficient as it only alleged belief while the statute expressly do that facca be totaled in con nellion with it the boland read to show lie power that had been rd on the er lie thought ehst those who laughed last laughed I 1 et the defence held that the b 11 did not confer any other rights except those already held by justices ol 01 the peace and andr the law the court could do nothing but gra t the change the judge stated that he would dia lose oi the matter aa defendant desired if lie thought he could do it as lie did not care to hear a case where he was to be prejudiced and would not give the defence their rights but as it was only a preliminary examination be do no other than proceed the prosecution announced themselves ready or trial the defence having failed to obtain a cliance of venue and thereby stop the proceedings now anaed for time until morning to prepare for trial 1 he prosecution c and tho case was set for nine this morn inz the bonds were fixed at CO and defendant furnished them and was set at liberty the next feature was the trial of kennedy on the charge of fornication the prosecution stated that they biad only whites testimony in the case and it was understood that be did not care to appear against kennedy this left them v without testimony and for that reason he moved the dismissal of the case the court dismissed I 1 he ca e and kennedy was liberated whites story is beginning to be believed and the sympathy is now turning to him as the victim of a cruel farce death of an old john barker one of the oldest residents of ogden died at his residence in this city on wednesday at p in lie waa bom in ingland Ic gland september bems at the time of lna death ag years 1 month and 23 days old he accept ei the principles of the gospel as taught by the elders of the church in the od country and emigrated to america some time before the persecution anea the saints were driven out of nauvoo he was at new orleans seeking to reach the place for which he bad bet out the home of the stints learning that they had been driven out lie stopped at st louis and at alie time broke out in the city he was one of those st apart and dea cited to remain and administer to the whether among alie saints cr outside he remained there until the plague left alie city and then be went to council brulls there he caught the chills and fever and was laid up for some time before he bad thoroughly recovered he took an as team ac jhb the plains he bal naver driven one zefpra amid the hardships incident to lucli a journey he reached the salt lake sometime in 1849 thee be remained one ft inter school and the following year he was caged up n to take a to great britain he departed on this errand aud ghent nearly ewt yeas in its performance returning in 1854 to bis home he brought with him his wife who survives him they came to ogden and what was keown as fort having lived there one vear they removed to the present residence in 1856 since that time he haa resided n ogden w h the exception of three years and a balt which he spent on a second mission in between alie fears and 1859 he was os bot the many who worked on alie canyon road to ogden valley and assisted in the building ol 01 the ogden bench cacal he was in this city among his many ai d was a member of the high bunc 1 of weber stake and a arth cf lie church of jesus christ of latter day sainta in tho biake he had performed many in the church and had always them to the satisfaction of the ibe funeral services will be bield at 2 p ca today to day at the new meeting honeo in the fourth wad the high council oher of alie priesthood and all friends are invited to attend the services and pay the r last respects to a departed brother whose example in integrity and honor throughout his associations is one that can be imitated with profit the shooting club the ogden shooting club held their weekly biweekly bi shoot last evening and roalo the following score mat browning 11 II WD ermody 17 E ensign 11 sam browning ac john greenwell ire enwell 14 john bi owning 14 WG McFarland 13 A P bigelow C A brew er 15 mr coonley f W G 7 this gave to dermody tho birst medal bibich he now holds for the first time and the second medal was won by sam browning for the sixth time winch gives it to him for good A brewer captured the third ariza the cartridge box which he also won for alie sixth time and which lie cn now claim aa his alie match was very interesting though borne acores t 11 far below what is ne ceBary to win a match with the lake club A little practice however improves wonderfully and those who are now at the foot of the ladder acay yet aaton iab their better males with the score that they will claim in a few weeks practice died on llie train yesterday the morning C P train no 3 brought in a dead min he die 1 of consumption on the train between terrace and at a ro and was brought on to ogilee where tle remains were of undertakers lurkin A linquist the name waa not learned but liis ticket showed that he came from loi l oi angeles and waa bound toy some point in wisconsin in the matter of the estate of wro dixon J U murphy was appointed agent in the m liter of abe estate of thoa pelman any ath davit of the cial appointed WAS filed cum plain ing hat john selman wag in pome saon of a promissory note bearing interest at alie rate of 12 per cent per annum and that he to ive any information concerning it it was requested I 1 hat be be made to appear I 1 eford the court and make answers to i u li ai might 0 o put to biru the licin nj was ae tor to ilsy ak 2 pm in aliu matter of lie stale of alees T llenin iier T W blomker heir at law complained eliat pauline ker executor was of mismanagement and of filling to mike explanations ot certain conduct that thereby he was greatly and lie asked alin court to aft a day for liya the matter and that slie be cited to appear belora the court the hearing was set for tuesday oct 20 at 3 p m large hollers two largest ever brought to ogden armed here a day or two ao they w era taken to a place in lie rr aiom hotel and in tho new link being erected on the washington and twenty fourth lacci of them weighed five and one halt tons and wye brought hero from chicago by W W fringe aliey were BO heavy tl at no ordinary wagon could haul up from ilia depot ao sir W U ion wagon wa brought down from alie canyon and ai used in hauling alne bonter ron ter lo 10 the one for the broom was brought apon wednesday and hie one or the 1 arst national bank last evening at the hotel a alicle lud to bo cut on the north wall in to admit the boiler to tho basement that ol 01 course will not be in the lank building as a buce has left in the sidewalk large enough for the boiler to be hoisted into the basement each of bill be used tor atie heating of ahe building and in bank it w ill also re in running the elevator the C P derrick was used in unloading the bailem ogdan aira am Itic harda wife of jolin north ogden met with a ere accent a few days fagi in crossing a field toiler cow eha undertook to paes a wire fence her clothia became entangle 1 in the bar ba and in the struggle to extricate herself the tore a gash in one of her legs several inches long and an inch aad a half deep she liaa einiS suffered much pain from the wound and a serious result is frardi A considerable number ot men are preparing to ibave tor colorado to work on the I 1 R G railway in the track william of this place hia a contract of five miles they start away tomorrow frank dadman one of our local merchants merc tants says he has handled more fruit alia past suimei than ever before in lie same time since ha began business busin esp A barite number of ogden citizens pass through our town daily en their way to hot springs IS oct 2 fialli avart tina friday evening at the fifth ward dramatic As will repeat their entertainment was given last saturday night loan overflowing thi drassa entitled the fauts II 11 cup will be followed on tins occasion by an olio consisting of songs and the fifth ward is to be c on ahe very fine ability connected with their drama ie association and alipy certainly receive hie encouragement of ev groody particularly in view of the fact that alie derived from their entertainments are being applied exclusively for lie building of the fifth ward amusement hall now in course of erection U the this A very good pro bramme will bo rendered at the io society will be a lecture by arof on alie larth and its author the cornet solo by william williams will ba roost inhere tins featured as the performer is only 12 or U acara of age he has acca under the train ng of prof anton and will tie accompanied bv him on the organ none fall to attend and spend a pleasant emiling eMi tha public in general are invited to nights of alie gilnay clia I 1 K boreman essay thomas DEBATE that women ghoul J leave the right of suffrage affirmative negative I 1 W mcdaniels V G V bapp T oco anelly the meeting w ill open promptly at injured dan parker a son of W E of laverd la wag driving a large nail a few days ago alien the wood into which it was being driven not being firm the nail flew up and baruk the lad in the right eye itaas at first thought the optic was irreparably injured but und r lie care of a skilled favorable ton ards ie wery is being made john dai post members of john A dix post will meet at post hall at this afternoon to attend alie funeral of comrade Pres liaw N W commander ccllins a college 11 arid ifrain oct 13 alie secret societies at harvard are having lots of fun this ear at the expense of freshmen dlinn to enter the mirtic ci rilea alie initiation s have la borne been severe but they have been successfully enforced to the great enjoyment of the members and alie mental din tresa of the vic lima there is one young fellow who ocels tl at he has fairly earned alx membership he is the bun of a wealthy whan he entered harvard this fall he engaged the moat ex pens ve suit of rooms in neck hall and them nn ex apenae tha and draper loa were of the fabrics and tho iriton anc a brac showed that was plenty of money at the dis pual of alie this young man reared sa the lap of luxury and ignorant of want made aepli aaion lor membership in halvarda Ha ivarda irio t popular secret society and elf to obey all the bordero that might be it wag decried that ho bell papers and baick boots in the in for the apace of one |