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Show BEFOREjOOOEBUCKBOBH Alfred Toniiinson Sa cures $500 Damages. Forlnjuries Sustained In Bens Ejected from a U. P. Freight Train. Fourteen Italians on Trial for Engaging in a Riot at Castle Cate. MONDAY. Court resumed session at 10 o'clock. The case of American Fork city vs. C. M. Boley, was compromised by defendant de-fendant and appeal dismissed. Henry Warner, a boy 14 years of age, was arraigned on a charge of burglary, alleged to have been committed com-mitted in December last, at Fillmore, Millard county, by breaking into the residence of John Kelly of that place. He took the statutory time to plead. The case of Provo city vs. St. V. Le Sieur was set for March 14, 1891. Peter Nelson No. 1, was excused for the term from further services as a petit juror. Adelbert Cazler entered a plea of not guilty to the charge of adultery. The case wiis not set owing to Judge Powers, one of the attorneys for defendant, de-fendant, being absent. Court adjourned until 10 o'clock Tuesday morning. TUESDAY. Jos. Pince and thirteen others were arraigned on a charge of riot, alleged to have been committed at Castle (rate, Emery county, Utah, on the 22d of February, 1891, by unlawfully assembling and flourishing pistols, feiiives and other weapons. A. G. Sutherland, attorney for the defend-itnts, defend-itnts, entered a plea of not guilty for each of them. Harvey Warner ind Stanley Reid appeared and entered a plea of not guilty to the charge of burglary. The case of the People vs. J. D. Smith and B. F. Caffrey was called. Tli is is a case in which the defendants ar: charged with selling liquor on Sunday .at Castle Gate. Emery county, Uluh - J. 1). Smith, proprietor of the sa-' h,ou. plead guilty and promised to close his s;iloon hereafter on Sunday. He was sentenced to pay a fine of $50 and c sts. B. F. Caffrey pleaded a former con-vii con-vii tion, having already paid a fine for this offense. The following names were drawn from the box, to serve as petit jurors for the rest of the term: Jas. Chip-man, Chip-man, Pv.rlty Draper, Wm. McKenzie, Frank P. Long, John H- Scoot, Fraak Carrol. Harrison M. Fugale, Charles Webb, C C. Harper, L. E. Riler. The case of Fountain Green vs. An-tone An-tone Christexisen, for furious driving in the streets of Fountain Green, was next called. Jaeob Johnson appeared ap-peared for the prosecution and W. K. Reid for the defendant. A jury was empaneled and the case proceeded. After Reese R. Le welly n and George Carter testified as to holding positions in the corporation. The attorney for the defendant contended that the decree de-cree of the county court making Fountain Foun-tain Green a corporation had not been filed in the office of the county recorder re-corder and he moved for a nonsuit of the case, which was granted. The case of Alfred 'J'omlinson vs. U. P. railroad company was called and a jury empaneled. This is a case in which damages to the amount of $15,000 is claimed by the defendant for being put off a train at American Fork, on the 5th of November, 1890, and sustaining injuries thereby. Mr. M. M. Kellogg appeared for the plaintiff plain-tiff and Parley Williams for the de-feadant. de-feadant. On the day mentioned it appears that the plaintiff had gone to American Ameri-can Fork on business, oa a freight train, and on completing his business he boarded another freight train for Pleasant Grove. When the conductor came along he told him i a rash manner man-ner to get off. This was after the train had started. In getting off he he stumbled and fell, and hurt himself him-self on the left knee, and had been confined to his bed for three weeks. Mr. Toniiinson, the plaintiff, testified testi-fied he was CO years of age; I went to American Fork on the afternoon ef the olh of November on a freight train; I asked the brakeman if the train went to American Fork, and he told me yes; the conductor came along after the train started and asked me where I was going; I told him to Pleasant Grove; he said, "well, this train don't carry passengers, and damn you, get oH;" the train was then going at a good rate; when I stepped off I fell and hurt my left knee; I was assisted on the freight train that followed, and arrived ar-rived at Pleasant Grove, where I was helped home in a buggy and put to bed; I did not get out of bed for three weeks, and then had to move by the aid of a chair; my knee was very paiu-ful paiu-ful and very much swolen; I was also j hurt in my left side and hand and arm; I was in active condition previous to this, but have not done any work since the accident; I would not haye jumped from the train, but was afraid I would be thrown off, for the conductor looked angry and spjke in an angry tone. To Mr. Williams. Know the conductor con-ductor by sight; think his name is Hilton; Hil-ton; had not rode with him previous to this; I work at the business of putting up farming machinery; the conductor was the only man on the car when I jumped off; he was not the man I asked about the train; the train wa3 going at a fast rate when I jumped . j The court took a recesa until 2 o'clock. AFTERNOON. When Court resumed session the case of Alfred Tomlinsou vs U. P. Ry. Company was continued,. The cross-examination cross-examination of the plaintiff was continued. con-tinued. He said that he did not tell anyone he had been hurt by a plow falling oi him; did net apply to the railroad for damages. J. E. Gammitt testified he saw defendant de-fendant when he came from American Fork, and he helped him from the train at Pleasant Grove; he weuld have fallen when I helped him down had I not caught him. I saw his leg, and his knee was badly bruised and swollen; he could not attend his work afterwards, he was in bed about two weeks, and he has not been able to do any work since. D. U. Smith, Melvin Smith and W. Wadley testified that the train was in motion when they saw the defendant defend-ant jump from the train. MrB. Tomlinson and Miss Tomlinson, wife and daughter of the defendant, testified as to the helpkrs condition of defendant during his illness, resulting from the jumping off the traie. The prosecution here rested. Mr. Hilton wag the first witness for the defense, and said: I am a eonduc-on eonduc-on the U. P. R'y; remember the circumstance cir-cumstance at American Fork; told plaintiff he could not ride on my train; but could ride on the train following me; I told him so before he got on, and told him just as the train started; saw him stagger, but could not say whether he fell. Mr. Honck testified: I was brake-man brake-man on Hilton's train; our train was an extra; JJheard Hilton tell plaintiff that he could not carry passengers; our train was. just moving out when he got off. To Mr. Ktllo- I syas on thej;ear SfirirhiffiilcouId not cany passengers on his train. Mr. Hilton was recalled, and to Mr. Kellogg said he had regular orders for his train in regard to the running of it. To Mr. Kellogg: Was conductor on the Mexican Central Railway previous to my employ on the U. P. Railway; quit because I wanted to come back to the Uaited States. Mr. Ilillsbury Live in Salt Lake city; am conductor on local freight train on the U. P. Railway; heard Hilton tell plaintiff he could not carry passengers; plaintiff told me he had been hurt by a plow or something, and that he haa" been to see a doctor in American Fork; never heard plaintiff say anything abeut being hurt by getting off the other train; did not tell plaintiff he ought to sue for damages; I am engaged in the restaurant business busi-ness in Salt Lake city. To Mr. Kellogg: I had business at the depot at the time of this affair; saw plaintiff step off the caboose; he was about thirty feet from me; when he got off the train he rode with me to Pleasant Grove; I did not say I would bring a suit for damages against the U. P. Railway; did not belong to any brotherhood of railroad men. Mr. Honck was recalled by the defense: de-fense: I was rear brakeman on Mr. Hilton's train; the head brakeman was on ahead. This concluded the testimony for the defense. Mr. C. M. Beck was called by the plaintiff, and said he was on Hilla-bury's Hilla-bury's train, but did not hear any conversation between defendant and Hillsbury. r" Mr. Tomlinson was recalled, and said he did not hear Ilillsbury talking talk-ing to Hilton at American Fork, nor did not ask Hilton if he could ride on his train. This concluded the testimony. The jury were charged and retired. An order to subpoena the witnesses for the defense in the case of the People Peo-ple vs Thos McGrath et al was granted. The case of August Butler vs Butler was discaissed. A divorce was granted in the case of Emma McDonald vs Wm. McDonald. Fred Samuels, Samuel Samuels, both natives of Denmark and residents of Juab County; and Rekvald Nelson, native of Norway, and resident of Sanpete San-pete County, were admitted to citizenship. citizen-ship. Court adjourned until 10 o'clock today. to-day. "WEDNESDAY. The jury in the case of Alfred Tomlinson Tom-linson vs. Union Pacific Railway Co., came in and returned a verdict allowing allow-ing damages to the amount of $500 for injuries received by the plaintiff at the hands of said company at American Ameri-can Fork, last November. t Jas. Chipman, of American Fork, and William McKenzie, of Springville, were examined as to their qualifications qualifica-tions to act as petit jurors and were sworn in accordingly. The case of the People vs. Joseph Piner and thirteen others, for riot, was called and a jury empaneled. Mr. W. II. King appeared for the prosecution prose-cution and Mr. A. G. Sutherland and Mr. McCartney for the defense. B. F. Caffrey was the first witness. He testified: I live at Castle Gate: was there on the 22nd of February; wa3 at Captain Smith's saloon that day; there are about 490 men at Castle Gate and about 40 Italians; the saloon is about 22 by 00 feet, with a bar and tables and chairs and one stove; the stove is protected with railing; on the 22nd of February the Italians came in about 11 o'clock, and in the afternoon quite a cro d of the boys were in the saloon. The witness here identified sey eral of the defendants as being present pres-ent at the saloon on that day. Know George Jones; he is check-weighman at the mines; some of the Italians were talking to Jones and accused him of giving some of the men better weight than they got; did uot see anybody any-body strike Jones, but saw him being picked up by some of the boys; the Italians pushed the boys that were carrying Jones out, into the corners and a free fight ensued; this was the start of the fight; don't know who struck first; one man had a club; the Italians got the worst of the fight and went away; the Italians never mixed with other classes before; never saw them drinking with the other boys that day; after the Italians left the building I was afraid they would come back and make trouble; could see men coming towards the saloon in the moonlight;they came within fifty yards of the saloon; the first shots were fired from the brush about fifty yards from the saloon; they fired directly towards the building; there were two parties shooting, and about thirty shots were fired; I stepped out and fired some shots at the Italians, and they crossed the creek and kept shooting; I then went up town and got the marshal; did not see the Italiars when I got back with him. To A. G. Sutherland: There were about thirty men in the saloon; about eighteen or twenty were Italians; the trouble commenced with George Jones, check-weighman; the Italians were not satisfied with him and accused him of giving bad weight; none of the other miners took any part in the conversation con-versation with the check-weighman; John and William Samuels, Joseph Haycock, and others of the miners were there; saw Jones on the floor; don't know who Knocked him down; the Italians followed the boys that carried Jones to the lower end of the saloon;don't know who started the row in the bottom of the hall; saw Loventi with blood on his face after the general gen-eral fight; about thirty minutes elapsei from the time the Italians left until they came back with fire-arms; we got fourpistql3. andpne.shot gun, in. the. Iron? the" saloon before the Italians fired any at all; I fired to get my pistol i working order, a3 it was rusty, and. I expected trouble with the Italians. To W. II. King: The Welsh boys were near Jones when he was knocked down; there were six or seven Welsh boys in the saloon; the Italians did not require to go to the lower end of the saloon to get out. John Samuels was the next witness: I live in Castle Gate; I have been working there about two years; there are about thirty or forty Italians in the camp;they live about 200 yards from the saloon;there is a creek dividing the saloon from the hill, along which there is brush; am familiar with the faces of the Italians; I was at the saloon on the 22nd of February. Witness here identified several of the Italians as. being at the saloon on that day. There were nine or ten Italians at the saloon who are not now in court; saw Mr. Jones there; he was standing at the bar; there were no other Welsh boys near him; don't know who struck Jones; two men took him towards the back door, when two of the defendants took hold of one of the men who was helping to take him out and pushed him into the corner. The witness here gave a very graphic description of the fight, and said that the last voice he heard was saying "gun;" out-: side they were all talking about guns; the Italians came back in about one hour; heard the shots and saw about, nine or ten men in the brush; we returned re-turned their shots; saw the bullet marks in the building. To Mr. Sutherland: Took a bullet out of the wall in the saloon; the first shot was fired by Caffrey; he was cleaning his revolver; about twenty minutes elapsed before the Italians commenced shooting; in the fight Loventi came after me with a chair, and I knocked him down, and another came after me and I knocked him down, and then grabbed a chair and laid some more of I Italians out; I saw some cf them m the brush after the fight; Loventi was the last man to leave the house andi he left crying out for a gun, did no'c see any guns used in the fight in. t'je saloon. Court adjournedluntil 2 cfclocjfc. AFTERNOON At 2 o'clock the riot case was. resumed. re-sumed. Mr. Wm. Grace, bartender, was the next witness. He testified: 1 1 ive at Castle Gate; have been there a year and a half; was at the saloon all day on the zza ot Jteoraary; there were about twenty-four or twenty-five Italians Ital-ians at the saloon; they hail a meeting meet-ing about the check-weighman; there were more Italians than others; there were only five white men fighting with the Italians; the rest of the Welsh crawled under the benches;saw Lorenti strike Jones and knock him down; heard the Italians say they were going for their guns. Mr. William Samuels, Mr. Lewis and Mr. Dixon corroborated the testi-money testi-money of the other wituesses. On account of witnesses for the prosecution pros-ecution not being present, the case was left ovvr until Thursday morning. morn-ing. Dotniaic Malori and Jos. Pinas, on motion of W. II. King were dismissed from t,lu; case, as it was clean v shown they h:-J iv connection with the hht or riot. John W. Colbarn ft al were arraigned ar-raigned on a churge of selling liqu r on Sunday at Clear Creek. B th filtered fil-tered a plea of not guilty. The rase of Jliciiard Brereton vs. Chas. II. Mil ier i.i al vrx, called. W. II. King, att:--uoy for the defense, moved that the judgment be set aside. Motion not granted. Court adjourned until Thursday morning at ten o'clock, |
