Show t THE JUMPERS NON EST THE CITY OFFICIALS BY THE COURTS ane police in quiet possession of the disputed lands speaking of the land jumping affair in salt lake the herald of saturday says the police force still hold the fort on arsenal hill and the jumpers and their friends have shown good judgment in not attempting to forcibly dislodge them the relief guard sent from the city hall at midnight thursday were relieved from duty early friday morning and the change in the general appearance of the disputed ground was remarkable every cedar post had been pulled up and the miles of fencing were as flat as a flounder the work of demolishing the fence had been performed the previous evening cedar posts and barbed wire were at a discount friday morning at least so far as the arsenal hill market was concerned A guard is still kept on the ground and probably will be for several days to come the event of friday was the trial of mayor armstrong recorder Ee corder wells sheriff burt marshal solomon and some sixty others as the complaint read on the charge of forcible entry it was held before commissioner norrell judge McBride imd arthur brown appeared for the plaintiff while sheeks hawlins represented the defendants on the opening mr rawlins objected to the prosecution being conducted by brown and mcbride unless they were authorized by the pub prosecutor lic the court held that private council might be employed and tho case was proceeded with E first witness called he said I 1 was in the of mr linck a real estate man on thursday last and bad charge of a gang of men who were working on an enclosed lot on arsenal hill mayor armstrong marshal solomon and a large crowd of men came the ill on that day and the mayor asked rae who was having the work done I 1 told him mr linck he aid that as mayor of salt lake city he ordered all men off the grounds I 1 said that I 1 would obey the order of any court and was immediately seized by two officers and hurried down the hill I 1 had been at work on the hill since monday mom 1 did not know that the land was in possession of the city except from the notification given me by marshal solomon had put up a bencs on monday which was torn down by the police on wednesday last the marshal caused a notice to be put up on the land warning all persons to desist from working there the work was done by direction of mr linck do not know how long he has been in salt lake city he asked me two weeks ago about putting up a fence for him at the time the Mayor came up gewere working in the roadway between the two lots putting a benco and gate across it linck was not present al the time I 1 had been warned twice by marshal solomon there was only one wire strung around a portion of the enclosure when the mayor came animals could pass under it but would be apt to be injured by the wire I 1 had no men at work when the officers came up on monday they tore down the fence and wo started to put it up again on tuesday morning and bad the land enclosed on tuesday night after being put off the lot on thursday I 1 came down town I 1 was enclosing the roadway at the direction of mr linck or rather his attorneys brown and mcbride Mc Brido J H king was the next witness he testified I 1 was working on arsenal hul on thursday last for mr linck was working on the west side of the enclosure when I 1 saw a crowd of men throwing tents over the wall was too far away to hear the conversation I 1 went over to the roadway between the two lots and was ordered property by a policeman both lots were enclosed at that time there were between sixty and seventy men in the party I 1 saw no weapons E P mcdonald was recalled and testified that ho saw no rifles at the time the mayor visited the hill saw the tents thrown over the wall mayor armstrong was the first man on the ground 0 E pratt testified I 1 was on the northeast side of the enclosure on thursday when the officers appeared I 1 went down the hill as the police were throwing the tents over the wall I 1 spoke to one 0 them and he ordered me off the land at that time both lots were enclosed I 1 saw winchester rifles in a wagon but did not see them taken out or displayed jfred newell the next witness testified I 1 was tamping in posts at the enclosure on arsenal hi H on thursday saw tho officers throw the tents over the wall and something that looked like a man going through a barb wire fence there was a wagon on the ground rifles in it they were covered with a blanket the tribune reporter liff ceo the blanket up the weapons we re not taken out of the wagon george thomas testified I 1 was working for mr linck when the officers came up on the hill on thursday I 1 was ordered off the land saw no weapons D S testified I 1 was working under the direction of mr mcdonald on arsenal hlson thursday was engaged in setting in posts between the enclosures when a crowd of men came up tho mayor ordered the men to leave the ground mcdonald said he would go when papers were served on him sheriff burt and another man then seized him and forced him off the ground I 1 was working there on monday when the i officers tore the fences down I 1 saw no weapons on thursday arthur walker testified I 1 was working on the hill on thursday when a lot of cops came up and ordered the men off I 1 started to go but did not move fast enough and two policemen helped me I 1 did not have time to notice who they wro C 0 newall testified I 1 was at work on arsenal hill on thursday when the officers came up nd ordered the workmen off of the land the witness here identified officers picket joseph burt pratt ana bateman as among the persons who or dered the men to leave the prosecution hero rested and mr ballins moved for the discharge 0 of the defendants on the ground that the evidence utterly failed to sustain the charge he maintained that property must be in aniual and peaceable possession and that a mere scrambling attempt to obtain possession did not constitute a claim mr ballins cited a number of cases and numerous authorities to sustain his argument mr brown replied denying that the cases cited were similar to the one on trial and denied that there had been any evidence offered to show that the city was in possession of the land and that it was linens right to acquire title to the property judge mcbride followed and said that the law used by the city officials in the ejectment of the jumpers was the law of the barbaric ages the gentleman then went on to deliver a regular anti mormon harangue incidentally suggesting that the city officials would have to pay mr heavy damages for their actions and that the money would come out of their own pockets mr sheeks made the closing mena and said that judge mcbrides Mc Brides argument was on politics and not upon the law in the case commissioner norrell in reviewing the case said that the question of possession was the gist of the case an owner was justified in using such force as was absolutely necessary to get possession of his property the land in question was within the city limits and the city was not required to build houses or station men upon its property the city was in possession of the land in dispute and the possession of the men who went up and fenced in the property was tortious he did not think that the officials had committed any offense or used more force than was necessary the city had the right to exercise dominion over its property whether it was a public park or not the case was therefore dismissed and the defendants fend ants discharged the case of marshal solomon and sheriff burt charged with assault and battery was submitted on the evidence adduced in the preceding case and was also dismissed the next case was that of the officers charged with making an arrest without due process andas the attorney could not agree upon a statement of if acts the trial was postponed until 4 p m saturday |