Show CONTINUE MAJORS CASE Supreme Court Convenes for I October Term JUDGE HART ON THE BENCH By Agreement of Attorneys the Application Ap-plication for New Trial for Abe Majors Accused of Shooting CapU Brown of tho Ogdon Police Forco Wns Laid Over Until the Next Term Motion for New Trial fox Mickle Swasoy and McDonald Argued Ar-gued and Submitted The October term of the Supreme court commenced yesterday morning Justices HIt Iln and Bartch were In their places on the bench but the place of Chief Justice Miner who Is mill In San Francisco was occupied by Judge Charles II Hart of the First Judicial district There are fortyseven cases i on the calendar to be heard this term The Majors case was the first culled but was continued for the term on tho agreement of the attorneys In tho case This Is the second time the case has been appealed Abe Majors or ua his real name Is James Morgan Is the man who Is f accused oC shooting Capt Brown of the Ogden pollco force two years ago On the first trial lie was convicted of murder In the first decree and on being granted a new trial by the Supreme court he was found guilty of the second degree of murder The case of Peter P pickle Joseph Swasey and Lee McDonald was argued and submitted The three men were convicted of grand larceny and sentenced sent-enced by Judge Johneon to serve three years In the penitentiary on February 23 1001 They appealed and the Judgment a Judg-ment of the trial court was ifllrmed They then moved In the lower court for a new trial on the ground of Improper conduct of one of the Jurors It Is from the overruling of this motion that the second appeal Is taken The third case on tho calendar was that of the State vs Webb Green and I W D Candland This action was brought to collect 1000 on the bond of H P Morey convicted of adultery In 1 Snnpcte county on January 21 I 1P02 who failed to nnr for trial when the Supreme court granted him a new trial r E his bond being declared forfeited The lower court found for the Slate and the > bondsmen appealed h I Walter W Little Claudius L AIn L and Francis were admitted to practice in the Supreme court Attorney Joseph k C Chez formerly of Indiana and now 1 of Ogden was admitted to the bar on r motion of Attorney W R White John A Largent formerly of Montana who < has formed a partnership with City Attorney > At-torney Nyc was admitted on motion of the latter A petition for a writ oC mandamus tot to-t t compel Judge Hart to grant Fred Han yen and others a Jury trial for a case Ji pending In his court was submitted and IU taken under advisement The action = was brought by the State and Judge I Hurt ruled that the case was one of equity and should not be tried by a jury > A motion to strike from the flics on y 1 the round that It was not filed within the time allowed by the Supreme court L in the textbook case Stewart T Tanner Tan-ner VH A C Nelson State Superintendent Superin-tendent of Inntrucllon appellant was argued and taken under advisement The xuse of Salt Lake ct al vs tho Salt Lake Water and Electrical Power company ct ul was set for hearing on October SlBt The case of Daniel L Boyle VM the Union Pacific Railway company was placed on the calendar and set for trial on November 3rd Othor Court Matters In the case of the state Street Trust company against the Shawmut Manufacturing Manu-facturing company a demurrer to the complaint was overruled by Judge Marshall Mar-shall yesterday The plaintiff was ul lowed until the next rule day In which to llle answer The 10000 damage suit of William C Wlgglnton against the Rio Grande WiStern Railway company was dlu missed by Judge Stewart yesterday at plaintiffs cants WlgRlnton tell when alighting from a train on December I 1001 on a trip from Murray to this city and sustained severe Injurleo to his right leg Philip II Fltzmaurlco was yesterday appointed by Judge Hall guardian of the property of hie four minor children The property Is situated on Plerpont avenue and lt I valued at 4500 George A Lowe Instituted proceedings proceed-ings In the District court yesterday to review a Judgment for 13503 rendered against Benjamin T Lloyd on November Novem-ber IS 1S95 bearing S per cent Interest from that date Judgment In the case of William O Sperry VB George L I3eU wan rendered ren-dered by Judge Stewart yesterday afternoon aft-ernoon The plaintiff was represented by Attorney Ray Van Colt and the defendant de-fendant by Richards Ferry Sperry a cer hon a Judgment and garnisheed tain fund in the hands of the American Smelting and Relining company The Utah Savings and Trust company intervened In-tervened claiming the money by virtue of an assignment from Betr Sperry denied the validity of the assignment alleging fraud imd claiming that the assignment was made In trust for Bet and Tho court upheld the assignment found the issues for tho defendant To Compromise I 0 0 F Case When the Odd Follows omlxrzlemcnt case J A Williamson et nl vet A L Slmomll ct al was resumed yesterday morning Attorney linihcu of counsel for the defense asked for a continuance for fifteen days In order that the parties to the case might have a chance to compromise Previous to the opening of court the litigants held a consultation consulta-tion In Judge Moroes chambers and the case was submitted to Judge Booth on the understanding that he would be notified within fifteen days If a decision de-cision in the case was required Divorce and Alimony Nellie Ihrlg was today granted a divorce from O L Ihrlg on the grounds of desertion and nonsupport Mrs Ihrig was allowed 1500 alimony 75 attorneys fees coats and the custody cus-tody of her child The Jhrlgs were married In this city on January 27 1S92 Paving Suits Against City The trial of two cases of H L A Culmer and the Utah Stove and Hardware Hard-ware company against the city was commenced before Judge Hall yesterday yester-day afternoon The cases are being tried together The suits are being brought to enjoin the city from collecting taxes for the paving of the alley between Main and Commercial streets and which branches oft In an L to the latter street Partition Suit Filed A suit for partition of property or sale of the premises and division of the proceeds was commenced In the District Dis-trict court yesterday by H Pauline White against Peddle B Hamilton an Incompetent person and Adolph T Vnllmer her guardian The property I Which plaintiff nslca for a division of Is 15x10 rods tho north threefourths of lot 1 block 3 pInt B She clalmr that herself and Miss Hamilton own a half of It each that It Is vacant land und could be partitioned without material ma-terial Injury to the Interests of either owner Athol Is Quito Troublccomo Alhol Care well was yesterday committed com-mitted by Judge Stewart to the State Indurtrlal school Tim boy la but 12 and has twice run away to the coast Bankrupt Matters Five discharges In bankruptcy were Issued from the Federal court yesterday yester-day The bankrupts are William Bird D E Kelly Thonian Webb Frank B Kimball and Clara York Sheep Case Again Trial wan commenced before Judge Booth yesterday afternoon of the case of Joseph M Jensen VH the Deep Creek Farm LiveStock company The plaintiff Is represented by Brown it Henderson and the defendant hy Judge Hlles A V Taylor and A W Casey An agreed ututoment of facto was submitted sub-mitted lo the court The hearing of the case lo on the award of John C Sharp and Charles R McBride In reference to S1CO head of sheep valued at 17000 leased by the plaintiff to the defendant The action Is brought for a Judgment on the award which It Is claimed was made In November 1901 |