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Show BEFQBEJUDOEBLaCKBURN Swartz Found Guilty ef nourishing nour-ishing His Revolver. The Crand Jury Adjourn Their Labors Until April Fourteenth. More Indictment Reported to the Court and Several Cases Ignored. THURSDAY. C. t Churchhill was arraigned on a charge of burglary, and entered a plea of not guilty. Charles Llyorth, a sixteen year-bid boy, plead not guilty to a charge of petit larceny. Peter 1. Miller, of Denmark, and a resident of Mt. Pleasant, was admitted ad-mitted to citizenship. Mods Etasmussen, aud Peter Don-gard Don-gard were examined as to their qualifications quali-fications to act a petit jurors, and were sworn in accordingly. The case of the People vs. John R. Roberts was then called. This is a case in which Roberts is indicted on a' charge of malicious mischief, alleged al-leged to haye been done to the property proper-ty of a man named Powell, in Emrrr county, on thej 25th of December last. A jury was empaneled. Geo. Sutherland Suth-erland prosecuted and J. B. Miiner defended. de-fended. Powell was the first witness called: Live in Emery county; own 120 acres of land there; was there in December of last year, on the 25th day; John R. Roberts and another man e;ime along in a wagon and stopped at the fence, Ihadcrossed part -of my laud. The fence was composed of poles fastened with wires. Mr. Roberts jumped out of the wagon and borrowed an axe from a Mi. Hanson and chopped the wires off the fence, thereby letting all the polei drop to the ground. Tht fence cousisted of four panels. The fence was four rods long. Had another an-other road made where wagons could goaround this part of my land, an I a notice put up. The notice read: i. .i i .j.Sy "Please take the other road." Ot.'i. r j --lut had used the ,.ua(1 n.l(1 cnn. suited the county attorney nd road supervisor whether I could stop the travel through my land by making a ro:d around, and they told me 1 could, j Mr. Roberts cut down the notice at each end of my land. " Powell's wife was sworn and told much the lame story as her husband. Roberts, the man who was with J. R. Roberts at the time of the fence cutting, stated that there wis no other road by which they could have traveled, and that Roberts only cut one panel of tht fenct down in order to let tbem pass through. The notict was also in the wagon road, and they could not pais without cutting it down. litre Alfred Osberg, Peter Jeppers and Neils Larsen were arraigned, and pleaded guilty to the charge of petit larceny, stealing candy and nutt to the amount of $15, from the R. G . W. railway company, in San Pete county. They boys bfamed whisky for the deed, and Judge Blackburn gave the boys a I talking to. On account of their youth he sentenced them to two months' . imprisonment. Court took a recess until 2 o'clock. .AFTERNOON. I At 2 o'clock rt resumed. ' Charles Hyrt' who pleaded not guilty to the -'nrge of petit larceny in the morr cl anged it to a plea of guilty, an a .us f M $25. The Roben s -b.ii v :-s resumed. Roberts h m-feit testified: We traveled that r"a 1 6:- December 25th, and borrow ed a:i ,.x. off Mr. Hansen, and chopped one panel of the fence dov, n in order to g?t through. I don't ; kno a-of any other road. Chopped the notice down because it stood in the roadway. Had no feelings against ! Mr. Powell. Other testimony was introduced showing the road to have been the regularly traveled road, j - Judge Blackburn charged the jury and they retired. 'Court then adjourned until' Friday - morning. CjDuring th e evening the jury in the case of the People vs. Jno. R. Roberts, malicious mischief, came into court with a verdict of guilty. FRIDAY. Ilu the case of People vs. Jno. R. Roberts, J. B. Miiner, attorney for the defense, made a motion for a new trial on the ground that malice toward the owner had not been thown. The motion mo-tion was overruled and sentence was set for Saturday morning. The cse of the Provo Co-op vs. St. v. LeSieur was indefinitely continued, owing to the sickntss of Judge Powers, attorney for the defeist. The case of Spring city vs. James Hunt, appeal, was ordered dismisstd, i the defendant paying costs. The cas of the People V3. S. N. Sartz, appealed from the justice's court at Eureka, Tintic, was called. The defendant appeals from a verdict ver-dict of guilty, wherein he is charged , , jiii. illu, u mi ...,' jiib in i i j hmi!IH'-'M" with having exhibited a revolver in a rude, angry and threatening manner on December 25, 1890. A. G. Sutherland appeared for the defense, Rnd George Sutherland prosecuted. prose-cuted. ' Charles Rosen, the complaining witness, wit-ness, testified: Ilivt in Eureka; was there on December, 25th: know Swartz; he has a store there; want to the store on Christmas day with three others Gus Ericksen, Gus Bergman and Chas. Carlson. Carlson wanted a handkerchief, handker-chief, and we went thereto get one. Swartz said he would n't sell. me one, but would sell one to Carlson I asked him why? He said because I had called him a Jew on the street. I told him he shouldn't be mad about that as I didn't care who called me a Swede. He was yery angry and stepped into a room and got a pistol and said he would blow my brains "in." Charles Carlson said: 4lIf you want to shoot anyone, why not shoot me?" He said: "No," he would shoot that fellow (meaning witness). He spoke in a loud and angry tone. To A. G. Sutherland: Said when I entered the store, "here's a fellow wants a handkerchief; "did not see a lady in the store; did not .say "you G d s of a b of a Jew, give me a handkerchief." Carlson wanted the handkerchief ;did not call him a Jew,nor strike the counter with my band; he got the pistol from another room; I was only a few feet from him; he stood in the door of another room aud reached his arm around and got a pistol pis-tol from the room. . Gus Bergman was the next witness. I live at the Mammoth mine; know Mr. Swartz; went over to Eureka on Chris-mas Chris-mas day and went into Swartz' store with Chas. Rosen, Gus Ericksen and Charles Carlson; there was one other man in the store Rosen said when he went in, "this man wants a handkerchief," handker-chief," pointing to Carlson; Swan, said, "ou"d better gut out of hero," and readied around and said, "get out out of here, you G d Danes'"; said "you called me a Jew," and Rosen answered an-swered "you called me a Swede, that's all right." To A. G. Sutherland: I did not see a lady in the store; came from Mammoth Mam-moth on Christmas day and had drank a little; Charles Rosen was in the store first and said "this man (meaning (mean-ing Carlson) wants a handkerchief;" .Swartz said, "I wont sell you a handkerchief;" hand-kerchief;" didn't hear Rosen say,I"Ii have one anyway;"" 1 don't know whether the pistol was loaded or not; Rosen was trii-d by the justice of the peace in Eureka for disturbing the peace. To Geo. Sutlierlund: Testified in two trials of Roeen in Eureka. Charles Carlson's and Gus Erickson's testimony corroborated the statements of the previous witness. The pre secution rested and S. N. Swartz was called and testified: I' live in Eureka and do a general business in merchandise; about 2 o'clock on Christmas day I was in the store when Rosen opened the door and said, "you s- of a b of a Jew, I want a handkerchief." I told him when he could talk and act like a gentleman he could have one. To Geo. Sutlierland: lie called me a s of a b of a Jew, and kept swinging his arms around. I reached behind me to a shelf where I kept cutlery and pistols in stock, and got a pistol and said, "If you don't go out, I'll make you go out." The pistol was not loaded, and I put it in my back pocket. Albert Levy was called and testified: Iknow Swartz; was clerking in his store last Christmas; I saw these men come into the store; the lady went out when she heard the men using such bad language; Rosen said, "you G d s of a b of a Jew, I want a handkerchief;" and Swartz reached and got a pistol and said, "This is no saloon." Court took a recess until 2 o'clock. AFTERNOON. At 2 o'clock court resumed session, 1 and the attorneys in the case of the People vs. Swartz, argued the case after which it was submitted to the jury. In the case of Agnes I. Rigby vs. Joseph Thomas, Mr. Whitecotton, attorney at-torney for plaintiff, asked that George C. Thomas be made defendant. Mr. King, attorney for defendant, demurred de-murred to complaint and Whitecotton was given till Monday to amend. W. II. King asked that John Hansen be admitted to the bar. Messrs. King, Whitecoiion and Kellogg Kel-logg were appointed an examining committee. The grand jury came into court and reported having found three indictments. indict-ments. They ignored the case of the People vs. Brigham Garfield et al. The jury iu the case of the People vs. S. N. Swar.z, then came into court and reported tii.t t'tey could not agree on a verdict.- II is honor gave the jury until 10 o'clock to morrow raorninar. SATURDAY MOHXIN'G. Joseph 0. Williams, charged with assault with intent to kill, was called up. A. G. Sutherland, his attorney, presented pre-sented an affidavit t" the effect that Jie was por sin! wasunabl: to secure the atte:iJ.i':ce of witnesses necessary to his defense, and asked that the said witnesses be supoened by the Territory. The matter was taken under advisement advise-ment by the court. In the case of the People vs. Jno . R' Roberts, the motion for new trial was overruled, and defendant was sentenced sen-tenced to pay a fine of $25 and costs of court. Bonds were fixed at S500 pending pend-ing a notice of appeal. Adelbert Cazier.was arraigned on a charge of adultery. He took two days to plead. In the case of Provo City vs.IIowland conductor on R. G. W. R'y, obstructing obstruct-ing a public highway, the appeal was dismissed by defendant paying costs of court. The case of Nathaniel Williams vs. Albert T. Whipple, to recover $714.37 for merchandise, was called and jury empaneled, Geo. Sutherland appeared for plaintiff plain-tiff and J. W. "N. Whitecotton for defendant. de-fendant. This is a case in which the defendant denies the allegations of the plaintiff. He admits having got the goods, but alleges the plaintiff broke his contract and destroyed the means of settling the debt by refusing to receive ties at prices specified, thereby damaging the defendant to the amount of $1000, as he had to sell the ties at a sacrifice. His Honor stated that the burden of proof rested with the defense and as the defendant and his witnesses were not in court, Mr. Whitecotton withdrew his counter claim and reserved re-served the right to bring a suit for , damages in behalf of the defendant. The jury was instructed to bring in a verdict for plaintiff which was done. Mary Miller vs. Samuel Miller; divorce; di-vorce; decree granted as prayed for, except change of name. The jury in ;the case of the People vs. Schwartz, exhibiting a deadly i weapon in a rude and threatening manner, returned a verdicr of guilty. Sentence set for March 18, 1891. CASES SET FOR 3IARCH 18TII. The People vs J. D. Brannan, assault. as-sault. The People vs J. C. Williams, assault. as-sault. The People vs Thomas Jones, grand larceny. The People vs Geo. F. Churchill, assault. as-sault. MARCH 19TH. The People vs John Chew et al, grand larceny. larceny. Tht People vs Thos. McGrath et al burglary. The People vs Ranson E. Johnson, embezzlement. Court adjourned till 10 o'clock Monday Mon-day morning. |