Show COURT rodney found dalty OF STEALING EW jones on the charge some of arraignments TUESDAY AFTERNOON court resumed session at 2 john A mower came forward for sentence on a charge of adultery he promised to obey the law in the future he was sentenced to three months imprisonment in the penitentiary and to pay costa of prosecution martin olson appeared for sentence on a charge of unlawful having plead guilty he was lined 50 peter jenkins plead guilty to the charge of unlawful cohabitation sentence was set for monday next james F fitzgerald was arraigned on a charge of assault upon the person of william I 1 bennett ho pleaded not guilty george F churchill was arraigned on a charge of burglary he took the time to plead and george sutherland was appointed to defend him the indictment charges that the offense was committed october 20 1890 at moab grande county by breaking into the store of mons peterson the case of the people vs rodney swazey arand larceny was resumed abe hatch testified for the defense was in the employ of sid swazey in october 1885 remember the trial of sid swazey for stealing calves I 1 was driving stock for sid swazey several weeks before that saw rod swazey on the road near wilsonville Wil sonville he was talking with a man about buying some calves from a man named smith dont know whether he bought them or not saw him drive three calves into the herd shortly after sidney swazey am the brother of the defendant am a stock raiser was tried at Orange villo in november of for stealing calves they turned me loose rodney swazey was in the court he said he had boullit the calves and paid for them he showed the bill of sale in court he said he had put my brand on one of the calves he did it because he owed me a calf wood brandon aliye at mt pleasant was deputy marshal there last fall went to arrest rodney swazey in september or october of 1890 did not get him his wife told me he was off driving the mail rodney swazey am the defendant in this action bought some calves from a man named smith at wilson ville in the fall of 1885 paid 21 for for the calves branded these calves with the bunch when we got on the winter range this was a couple of days later never saw this man smith before he was adark complexioned man was in court whon sidney swazey was tried for stealing a calf acknowledged to buying the calf went to show the bill of sale of the calyes but the city attorney said there was no use of showing it afterwards showed this bill of sale to jim york of provo also showed it to aleck sutherland to mr varian see any E L brand on the calves have lost the bill of sale james york live in provo know rodney swazey remember rod swazey showing a bill of sale along the first of november 1885 it was written in ink I 1 think there were witnesses to it have known swazey since hd was born he came to my house and told me he had got aiuto a muss and wanted to hire an attorney I 1 took him over to mr sutherland he showed us the bill of sale the attorneys v ere each given 20 minutes in which to argue the ase the case was submitted to the jury and after being out about an hour they returned a verdict of guilty as charged i in the indictment fansom li jonnson was arraigned on a charge of obtaining money and goods under false pretenses he ccok the statutory time to plead the case of the people vs E W tones embezzlement was called and a jury paneled em mr varian prosecuted and judge judd appeared for the defense mr pratt am territorial auditor of utah territory am enabled to tell from inspection of the records in my possession what territorial warrants have been issued took charge of the office march 16 1890 mr nephi W clayton was my predecessor find that territorial warrant no was drawn in favor of E W jones for on february said warrant waa returned to the treasurer and credited to his account as county assessor and collector of emery county this amount was the territorial apportionment of emery county for of school funds this testimony was corroborated by ex auditor aepha W chayton CI ayton territorial treasurer jack mr pratt when questioned by mr jadd said that lie biad noticed a mental incapacity on the part of the defendant for transacting the business of his office W W crawford am county clerk of emery county anat paper to a paper held by the district attorney is the resignation of mr jones ns ass ese orand collector of emery county he resigned in 1889 ijo was assessor and collector in 1887 1888 and 1889 the case was continued wednesday joseph of payson a nativo of england was admitted to citizenship zen ship court adjourned until 10 wed j morning WE bansford Kans ford I 1 johnson pleaded ded not guilty to the charge of embezzlement in alie case of the people vs swazey grand larceny alie jury having returned a verdict of guilta mr sutherland attorney for defense aap notice of a motion for a new trial lendini Pe tho motion a bond of 2000 was required the cage of the people vs K W jones embezzlement was ru nied mr cox in the year 1859 until an guat I 1 was superintendent of district schools of emery county issued a number of ordery for the payment of trustees several of these orders were submitted iti t e had i conversation re faion to taps ordera iu june 1889 1 mr jone if he would be able to the tech right away lie said he thought he would but he have alie bonev collected yet he he d have it ready for them to make their report in july 1 mr green I 1 am a trustee for scofield school district of emery I 1 am clerk for the board county was elected in july 1889 on jelv ath I 1 went into office there was due to the scone id school district from mr jones have bad a conversa tin on this matter with mr jones hare in provo he told ma ho havn this money and that he was an honest man to mr judd this includes the tax which was declared illegal in the courts the exact amount he owes is geo sutherland was present at the last term of court when sir jones testified in a civil school tax case irom emery county mr varian do you recollect what he testified to objected to by mr judd the records were the best evidence objection overruled and exception taken ans I 1 dont remember his exact words he testified substantially to having made a number of collections of the school tax for 1883 he ft as uncertain as to the amount of tax he had collected mr birch am trustee of lawrence school district held the position in 1889 presented an order to him for he oaid me 71 the rest is abill due he made the excuse that his deputies had not settled with him mr horsley was a school trustee in 1889 for price school district in march 1889 an order was issued on mr jones for I 1 presented the order to him he said the order was good and he would pay it as soon as he got the office it was noi paid when 1 went out of office n july has been paid since mr crawford was recalled was deputy assessor and collector of emery county in 1888 over one half of the county taxes were collected and paid into the county treasury mr jones collected a portion of the tax dont know whether he paid in all he collected or not he kept no separate account of county and school tax moneys he turned it all into the county treasury if he collected any school tax it was turned into the treasury as county tax mr varian stated that this was all the testimony he had to offer for the prosecution tt appeared that mr jones had not performed the duties of his office in collecting the taxes of the county but there seemed to be no criminal intent on his part of appropriating pria ting monies to his own use what money he had collected had been turned in either to the county or territorial treasury he would therefore ask that jury be instructed to return a verdict of not guilty the jury were so instructed ted morris lay was arraigned on a charge of grand larceny he pleaded not guilty orlando herron changed his plea of not guilty to the charge of to one of guilty sentence was set for march 28 A recess was taken until 2 ocl ock |