Show local ani and other oilier matters FROM FRIDAYS DAILY DIEC DEC 11 got it bad according to the record a number of Pi Pl have got the panamint fever bad there a arm amm a a few parties around here who ought to haye it excellent the gas manufactured by the salt lake gas company is acknowledged to be as good giving as clear and brilliant a light as that made anywhere else elbe going ahead the work of grading south temple street goes along steadily operations were commenced mence this morning on the south side of the street between east temple and first east streets hard times today to day a poor fellow asked the privilege of going into the shovel brigade to earn his board having been according to his bis statement foursome for lor some time without food rood justice sent him up for ten ton days on his bis own request q besl united order at a meeting in the lith ward vard schoolhouse last evening the following additions were made to the board or of directors of the tha branch of the united order of that ward joseph vice president aud cushing gushing archibald frame and mark barnes directors unsurpassed we believe that for duration of fine weather the present fall has thus far been unsurpassed by any similar st season ason in aps tha the past every bit of a storm that has lids come along has caused everybody to thing that genuine winter spells and snaps had bad set in but in a few hours the sky has cleared and the sun shone out as gloriously as ever died on the train this thib morning the C P train had on board the body of a man named david kerr who had died on the train just before reaching this city the body was in charge of hugh kerr herr a brother of the deceased the brothers had left australia during the fall and in luo lue due time arrived at san francisco intending to proceed overland to new yorki york thence per steamship to their native city bel bei belfast dast rast ireland deceased had been ailing ever since their leaving australia and finally died of heart disease as its above stated the brother in whose abose charge the body is seems deeply stricken an dequest over the body was deemed unnecessary and and aud the tiie remains were interred in 0 oden iden cemetery this thia afternoon ogden mune june aion afon december 10 district court proceeding tu in the third district court this morning jas B iNIc merean mckean Kean C J presiding the court ordered that judgment he be entered for the sum of in the c case casu asu ase or of the united states vs samuel H woodward tae defendant gave notice of an appeal and was granted ten days in chinh to perfect it judge Z snow attorney for the plaintiff in the case of Glam giam giamboni bont boni vs brundon which had bad been tried in the just Juat justices ices court and judgment rendered for plaintiff and in which defendant gave notice of an appeal to this court moved for the dismissal of the appeal on the ground that the defendant kad lad bad had not perfected it during the time spec 1 ditled by law the court said that was not ex parte parce and the attorney would have to give notice to counsel for the defendant that such a motion as was now how sought to he be made would be made that the other side might t have an opportunity to show his reasons it if he had any tiny why the appeal was not liot perfected or lie he might show lie he had complita with the law then arose and wanted to explain to the court that he be did not net know that he had been courteously treated by mr snow as he be had been counsel for the plaint lwin iTin Giambo giambona nl vs brundon and he did hot know that he be had ever been dismissed he was not n t dware that judge snow had bet bee been n retained and he jae himself had endeavored dea deavo vorea red to make the same motion intha in the case that judge snow had bad sought to make mr K showed some feeling in the matter but the court cooled him off somewhat by telling him that the court had nothing to do with the question raised praised by him when actor attorneys ness nets came into court as interested in a case the court had to presume that they had been retained and did not ask whether they had been or not Subs bubs Subsequently subsequent equen while snow and keithley were hob bob bobbing over the table with each other the court remarked in a humorous way 1 I hope you will ill lil come to an amicable arrangement arrange men gentlemen which aroused the visibilities of tl the e bar mr Bur burmester counsel for the accused in the case of the people vs lewis H washburne washl turne indicted for embezzlement of the funds belonging to wells fargo Ss co while he was agent for the company in august last interposed a motion to quash the indictment the leading grounds of the motion were that the facts stated in the Indic indictment truent did n not nut st constitute a public offense and that it contained two separate and specific charges in that it charged the accused in the first count with embezzling 1367 on the of august and aud in the second with embezzling on the day das of august it being a rule in law that a person could be charged cli cil arged with two felonies in an indictment unless a prosecutor should elect under which charge he would woul d proceed that the property the accused was charged with embezzling was not sufficiently described in the indictment mr burmester Bur meater delivered an elaborate argument in sud sup support of his hid motion in the course of f which he lle coteil a number of authorities in speaking of the statute under which the indictment was waa found the attorney flung off some elegant phraseology peculiar to his style of argumentation and delivery for instance ln in a remark espres blye biye elv e of what he considered to lu be the fruide fruitless sa character che meter of the statute he said there mas das no sense in it arri it was an arr established rule that sense couldn coulden abe be squirted into it statute tatule fc but sense had bad to lo be taken out ot of it je stated that to in all utes of utah there was not a direct law on any given proposition which would inake make it appear that the framers of the laws thus figuratively jumped upon and pummel led by the metaphorical fists of tho the sledgehammer sledge hammer dispenser of condensed thunder lost a good deal b by y not consulting him when they made them finally the gentle man anan got through and sat downin a profuse perspiration U S district attorney william carey cited authorities in support t of the proposition that more t than an one offense could be included in one oue indictment in dlf dif different Terent courts the thereof also others to show iu in cases where parties were charged with stealing it was not liec necessary essary to minutely der describe cribe the property stolen in alluding to the statute a ainest which mr burmester exploded his metaphorical bombs as being different in sense mr carey faa said sald id it w was as of the same purport and did not materially differ from similar statutes in other states and tei rit olles olies and was pointed and definite the court overruled the moti motion on to quash the indictment holding that two or more charges charged may be made in indifferent different counts orth of the same osame indictment but that they must be of lenses lensea of ibe the same nature for a person could nod not be charged in the same indictment with stealing and manslaughter the court was of opinion also aiso that where a person was accused of stealing or embezzlement it was unnecessary to give a description of the property in the indictment as people seldom noticed the denominations of bills for instance that they their possession and if parties were required to give details as to money stolen from them further furt fien hien than the kinds and about the amount parties pa r guilty of larceny would generally go scot free the court remarked mar ked also that the statute under which the accusation was brought was clear unambiguous and comprehensive mr burmester asked naked the court to note an exception to the ruling the jurors were then dismissed till monday morning at 10 at one 0 clock mr dilley was arguing a motion to quash two indictments against john beegan one for manslaughter and the other for larceny larce ny from the person of one sharp FROM SATURDAYS DAILY DEC it 12 from san francisco iran yran cisco the chief of police of san francisco is in this city runa buna runaway way this anter anner afternoon nobu a horse in harness went tearing up east temple street past this office at a fearful rate causing pedestrians on his route loute to ashow unusual activity I 1 utah western railway Ranay we acknowledge the receipt of campli ment aries to 16 participate in a trip over the utah western railway to millstone mill stone point as far as the line is completed and return tomorrow st george by dispatch from st SL george we e learn that presidents brigham young and geo A smith visited and inspected the quarry and temple yesterday and that the health of both was good three hundred tons of rock was laid on the walls walla of the st george temple last week recaptured stockton stock ton december 9 louis alias roper one of the monte sharps who drugged the jailer and escaped from fro IM prison ison lson at a t Tr salt lake was recaptured recapture here on the westbound west bound overland train last night by railroad detective F T burke and placed in jail to await a requisition from utah tah S F chronicle Chrun ide the Eick rick ards at ogden the talented Ric ble karda combination will appear at ogden on wednesday when wilen the good people of that flourishing city will have the opportunity port unity of witnessing the performances for mances of this very able tro troupe ipe mr in his character a songs 0 and arld lottle lottie frank and katie in n their wonderful triple trapeze and hying flying trapeze feats after him one ono of the police officers started over jordan today to day after a man named crawford who is accused of wearing out a chair upon fritz an kast east temple street saloon keeper the fracas occurred on thursday night since which time fritzs cranium has been in such a demoralized condition as to necessitate his being confined to bed the row was wab all ali about forty cents which fritz clai cial claimed nied the other was owing him for malt mait water recovered It yesterday esterday we were hotl horl honored ored with a call from E W esq whose late severe jlane illness had llad caused serious apprehensions hen among his friends in this city this talented gentleman has been sum suf summering suffering from brain fever but he tells us that through the unremitting care and ministration of those friends who so generously eamer camer came orward forward in his time of peril and sorest need he is himself nain again and already at work on his book tho the rbeLl life lioe fe of brigham young and the represents representative etive men and women of utah which he expects to be able to publish about the first of next may A collision this thia morning a son of brother brothen benjamin ashworth of the first ward was ws driving a wa gon across the line of the street railroad on east temple street and the street car which we was dom gom coming along nione at a goodly speed at we the time collided with Ash wortha vehicle dragging it about a rod tod breaking the tongue into splinters and more or iea lea less injuring one of the wheels and an axle tree by the concussion the ad lao was thrown from his seat to the ground and went under the wagon one of the mules stepping upon his arm inflicting a slight hurt but he was not otherwise injured district court proceedings proceedings yesterday t afternoon the dem demurrers to lii iii indictments against john beegan one for manslaughter and the other for larceny were overruled with regard to the second indictment the district attorney was instructed to elect which count he would proceed under this morning nicholas lawless pleaded not guilty to an indictment for murder in peter geddes Gedde sva vs warren hussey et tet at al defendants were allowed till feb 1 1865 to plead by consent of counsel court adjourned till monday dec at 10 a m rather bathen a bad case today to day a respectable spec table looking woman who had turned the ripe age of threescore three score and fourteen years called at the city hall and made maide enquiries about her son who she said was a shoe shoemaker mak who lived jived in the tenth ward and had been missing from thursday the police record showed that the man had been sent to jail for drunkenness the information caused the tile old lady considerable dis dib distress tress of mind she had bad come to this country several years ago by herself and had saved means out or of her own earnings and sent for her profligate son and this was the method he was taking to repay her maternal kindness and solicitude if there was a spark bpark of manhood about the fellow surely he would behave himself better if from no other incentive than to save his aged mother from distress A swindler A young fellow was arrested yesterday by the police charged with obtaining money under false pretenses by passing a check on walker bros bank for the sum of two hundred and sixty dollars signed A H blake he had obtained several meals from the restaurant of mrs bjorkman and wanted the lady to advance him awon on it as he was going to ogden arid abid and would come bachand back and redeem the check he also told the lady his name was H H blako biake yesterday he called on her and said lie he was too late for the train and wanted 1000 on the check which she gave him the lady anxious to bettle settie her meat bill presented it to mr short butcher for payment on account mr short laid two 50 bills on the counter for change when he bethought himself and drew the money back stepped te ed down to walker bros bank tp k and d found that the check was worthless when the police arrested the man he be gave his name as charles johnson but when brought before justice he said his hid name wa was B charles charies baxter the judge fined him which he will work out for the city |