Show THE BATHING TRAIN TEOUBLE DetaiJS of the Racket of Wednesday Wednes-day Evening1 t The trial of Charles Theide and Mrs Schmidt ofSandy arrested on tile corn Emma Barratf of American Fork for battery a brief account of which we published yesterday came off in the Police Courtat 2pm Mr J H Moyle in the absence of Mr Fletcher appearing appear-ing for the prosecution Both of the defendants entered a plea of not guilty and the prosecution commented its cae by calling Emma Earratt a voung lady pcrhap IS years of age and the complainant in the action She testified testi-fied that she was in the same car with Theide and Schmidt on the incoming Utah ifc Nevada train on Wednesday evening t Schmidt was sitlinaron the teat and a young lady next to Lira had her head on his shoulden Some amusement was caused by this and some laughing was in dulgedin Presently some one p ssed a note to her with a request that she hand it to Mr Schmidt who was on the scat immediately in front of her This she attemptcdto ao but the wind blevs the paper into Thiedes lap who opened it and immediately jumped to his feet very muchexcited and said something mGermaii but what that was she did not know In a Jew seconds Thiede aain iose and reaching over the seat struck her into the face with his clenched fist She saw a light before her eyes and then knew no more having hav-ing fainted She did not know who the author of the note was and had simply passed it as an act of couitejy The witness was still yery nervous and one could see that it required re-quired a great effort on Jier to compose herself to be sufficiently able to testify and in a few moments fainted and was carried from the court J room Thomas Abbott was called l next His testimony simply corroborated that given by Miss Uarratt and a gentleman named Finlayson also gave evidence of similar import Mr Moyle said the prosecution had several witnesses but he did not deem it necessary to intioducu them 13 he thought a case sufficient to convict had already been made out Mr Schmidt first testified for Uic defense de-fense His tcstimonv was simply corroborative cor-roborative ef that offered by the prosecution prose-cution save that he claimed the defendants de-fendants were very mucn exaspjrutcd at the conduct of the complainants and others and that Theide had simply acted to defend his sister a cousin to witness nd the young lady who had been reclining on his shoulder Miss Minnie Thiede the cousin in question was also examined Her testimony tes-timony was similar to Mr Schmidt and in addition she alleged that she had been struck in the side by someone some-one and had fainted She did not know whether her brother struck Miss Barratt or not Charles Thiede who is a stoutly built German and rather intelligent in appearance next testified in broken English that someone behind him was making a fool out of him he did not hit anybody except JFinlayson but admitted ad-mitted that he did strike him Innlaysou however denied this as did als another witness who had been placed orutbc stand in rebuttal Mr Moyle made an argument of but a few minutes clainang the prosecution had made out a case and regretting that anyone calling himself a man or who possessed any of the attibuis of manhood man-hood should so far forget himself as to commit the act which had been proven on Thiede It was almost impossible to believe he said that such an occurrence occur-rence had actually taken place but that it uad was amply supported by fl1c the evidence that had been submitted He would however move for the discharge dis-charge of Mr Schmidt against whom no evidence had been given Mr Schmidt argued the case forthe defendant claiming that great provocation provo-cation had been given and that Thiedd had simply interfered to protect his sister sis-ter but from what did not appear In summing up Judge Speirs granted the motion of the pro csntum m regard to bchmidf and after a little lecture containing some good advice for j oar German cousins imposed a line of 25 and costs on Thiede 3703 in all 1 It is said that Thiede may congratulate congratu-late himself on escaping so easily There were certainly many in the court who after hearing the testimony honed that he would be given the full penalty and there was also considerable astonishment aston-ishment at the comparatively small fine imposed |