Show THE KELLER KILLING IAn I-An OldTime Case Before Judge Sandford DR ORSBY PLEADS GUILTY Other Judicial Proceedlnn Police Court Probate Matters Spencer Pleads Not Guilty The first business in the Third District Dis-trict Court yesterday was the setting of the civic calendar for the present term There are 280 civil acttcns now at issue besdes a number of others in various stages of development Several were passed for the term by consent and the following dismissed Emile Thomas vs E C Champion F A Cornell vs W H Remingtontwo cases THE CIVIC CALENDAROCTOBER 8 85Bridget Grant vsMichael Shaugh nessv 169John Gerrans vs F H Dyer 2 Thomas Fentou vs Wm Burke OcTOBER 9 100Edward A Swenson vs E N Rideout 135Salt Lakf > City vs Emma DeMar 170 Andrew N Martin vs JosePh F Robinson OCTOBER 10 15SE E Brim vs Samuel Paul 227P J Moran vs J W Farrell Co 262H Brisacher vs C B Gourlay OCTOBER 11 203David S Cook vs Davis and Weber County Canal Co I 2 5A CHanion vs Alexander Glen OCTOBER 12 20oH S Young et al vs George F Culmar et al 213Thomas Bolton vs G W Steele 252Eugene G Freeman vs Harry Wanless I OCTOBER 15 I 102George B Sessions vs Northern Chief Mining Co 173 Pnilip Morgan et ale vs EM Bynon et al 203P L Williams vs N W Clayton Clay-ton 201Bolivar Roberts vs N W Clayton Clay-ton I 205 Arthur Pratt vs N W Clayton I HID 1i vvUU lU 125Charles E Warr et ale I vs Louis CoJin 126Salt Lake City vs Thomas Han nahan 134Salt Lake City vs Mrs Julia Eatman OCTOBSE 17 121F C Thurston et al vs Hermann Her-mann Hill et al 150FC Thurston al vs C W Symons et al 168 Adolph Anderson vs J E Mar kel et ale OCTOBER 18 315 Henrv Altman et al vs George J Back 116E Werthiemer vs Kate Murtha 162Beni L Cutler vs Charles B London OCTOBER 21 18 William Groesback et al vs Thomas Oakley et al OCTOBER 22 9George C Stanley vs M R Murray Mur-ray et al OCTOBER 23 192William R Smith vs Ellen Smith administratrix etc 195 Ira B JCegler vs C C Little OCTOBER 24 156James Kersev vs Geo C Jones 217J K Gillespie et al vs William Classman OCTOBER 25 120 James Spillett vs Salt Lake Douatv 216M H Beardsley et al vs Wm H Kimball et al OCTOBER 26 fl4F Hoffman et ale vs Northern baLef Mining Company 5157 Ueseret Woolen Mills Company vs Pleasant View Irrigating Company 214William H Dent vs Edward A Reed OCTOBER 29 141P F Brannan et ale va Nalle Moray et at 142 Same vs same I 1bsA M Musser vs Salt Lake Fort Douglas Railway Company NOVEMBER 12 2United States vs Thomas Lee 3 Ucited States vs Nan Butler et al 99Henry C Woodrow vs The Comet Mining Company 1311 B Buford et al vs S JLon I ergan et al 202James W Carrigan vs R G McNiece et ale NOVEMBER 13 4United States vs Theodore Tang wall 5United States vs Charles Hanks et al 6 United States vs Archibald Parker NOVEMBER 14 7United States vs D R G W Ry Company 8United States vs W N Dusen berry et al 151Margaret Hamilton vs Emma Falton et al NOVEMBER 15 9United States vs Chas Wright 10United States vs T P Lewis et B1215 Frank Wright vs M S Aschem et al 222W J Miles et al vs E B Wetzel 159Evan G Morgan vs Geo Denton Den-ton 1G7 James E Foote vs Brigham Robinson 184Ah Sing vs U P R R Co 188 Wm Danielsys U P R R Co NOVEMBER 16 llUnitei States vs D R GRy CoetaL 128Albert Dallemand vs T J Kelly et al 155Francis R Anderson vs Samuel C Ewing 195W H H Bowers vs Edward Austin NOVEMBER 19 199Adams Kiesel Salt Co vs George Gwilliam et ale NOVEMBEB 20 87J E Bamberger et al vs Joseph Marion 144Daniel P Cook vs Margaret Vandebarker 20iH R VTatrons V3 John P Jones Il1m 1 NOVEMBER 21 88Utah Wyoming Improvement Co vs Thcs Langtree 147John D Graham vs James Mc Knight et al 163 Chas F Blandin vs Salt Lake County et ale NOVEMBER 22 132 George Thackrah vs EmiltHaas et al NOVEMBEr 23 136J R Nichols vs N B Whita et al 137 Crescent Mining Co vs N B White et ale 165 Polly Graham vs John H Walker Wal-ker 221 Henry Whetstone vs THE HEB ALD Company 223George A Luke vs Harriet A Lewis NOVEMBER 26 G7 John A Groesbeck vs Geor ge A Mears 74Same vs same NOVEMBER 27 167 Martin Correll V3 N Treweek I eta 107 ame vs same 113Frank E James et al vs N Treweek et al 114 Same vs same NOVEMBER 28 1C9M Dnsseldorf et al vs John J Daly 110 Same vs same 122 Frank McLaughlin vs John J Daly et al 123Same vs same NOVEMBER 29 160 Echo Park City Railway Co vs W J Snyder et al NOVEMBER 30 130Daniel N Swan vs Old Jordan Mining and Milling Co DECEMBER 3 176 William Glassman vs Mary ODonneU 177 Thomas Pells et al va South Galena Consolidated Mining Company DECEMBER 4 178 John A Hughes va Scott Hill Mining Company 179 Same vs Same 180 John Sieger vs Scott Hill Mining Min-ing Company DECEMBER 5 181 Edward Rotch vs A N Hamilton Hamil-ton et at 182J MGoodwin vs A N Hamilton Hamil-ton DECEMBER 6 18i Wasatch Mining Company vs Joseph A Jennings 187Charles H Toll vs I J Star buck et ale ISO Theodore Burmester vs George W Carter DECEMBER 7 191L P Kelsey vs W J Crowther 219 Joseph A Bent Jr vs Cyrus B Kelley DECEMBER 10 201L C Cone et al vs Esther Pettit et al 226Jamos Hawks vs C A North et al DECEMBER 12 13Samuel G Sheldon vs James L Ellison et al HOWARD 0 SPENCER arraigned on an indictment charging him with the murder of Sergeant Pile entered a plea of not guilty CHARLES NOKES L of South Jordan charged with unlawful unlaw-ful cohabitation entered a plea of guilty and will appear for sentence on the 20th DR OB1ISBY PLEADS GUILTY I At 2 oclock Dr 0 0 Ormsby ei tered court and pleaded guilty to unlawful i unlaw-ful cohabitation He will be sentenced on the 19th 19thTIlE TIlE NUISANCE CASE The demurrer to the indictment in the case of Aaron Keyser charged with maintaining a nuisance was sustained and the indictment dismissed the grounds being that the instrument was defective THE KELLER MURDER CASE An open venire for twenty special jurors was issued at 12 oclock and when the court reconvened at 2 the score of victims were present awaiing their turn A jury however was secured without any great trouble neither side exhausting the number allowed lowed them under the law The defendant defend-ant was represented by Mr Critchlow while Mr Clarke looked after the interests inter-ests of the government in the matter Sitting near the defendant was his wife a careworn looking womanwith a child in her arms and near her sat three other children two boys and a little girl ths latter apparently being a very interested listener to the proceedings during the time she was not busily engaged in keeping the younger children in order Keller himself manifested no particular uneasiness smiling blandly when a witness made a statement that he did not appear to entirely agree with and very frequently promptingthis attorney A jury having been secured Mr Clarke made the opening statement of what the prosecution expected to prove I The story in substance was to the effect ef-fect that in 1871 Maurice Livingston kept a saloon in StocEton In May of I that year Wade Badgeilv a young man about 21 years of age went into the saloon where he met Keller a quarrel ensued and a scuffla followed I Livingston endeavored to stop te affray af-fray when Keller ordered him away informing him that it was none of his I dd business or words to that effect I At this point Kellers wife with la I baby in her arms ran into I I I the saloon and begged her husband to have no trouble Badgerly backed 1 I I a vay and soon after Keler shot Keller Kel-ler came out with a gun in his hand and made a remark that he ha 1 done I the son of a bh up Badgerly uttered ut-tered no word after he fellsave something I some-thing about his motherand this was unintelligible Kellers only explanation explana-tion was to the effect that Badgerly had been endeavoring to get his wife away from him Kellar was arrested and brought to this city where he was indicted in-dicted but by some hocuspocus of Tom Fitch the indictment was declared invalid and the defendant was released Before another grand jury was impaneled I impan-eled Keller left and later a report reached here that he had been killed in j Nevada Last spring however he was I caueht in Montana wnere he had been living under the name if OBrien i MAUBIOE LIVINGSTON was tne first to step I I upon the new stand In May ISi1 1 was keeping a saloon at Stock I ton where I knew Keller and was also acquainted with Wade Badgerly who I I was sometimes known as Wilson fi ir Wade The latter died at Stockton in May18711 was present at his death but do not remember the date the i shooting took place Badgerly and another man came into the saloon and they were at the bar when Keller came in and started a conversation about something that occurred the night before be-fore Hot werds followed and then a scuffle ensued I stepped around and endeavored to separate them but Kdler told me that it was none of my dd business Keller had his pistol in his hand and soon his wife came in and begged him to desist Badgerly tried to get out of the front door but could not do so owing to Mrs Keller being in the v ay 1 saw that Keller meant business and went out of the saloon soon I heard a shot and I went inside of the saloon where I found Badgerly laying on the floor shot Several men carried him across the street where he soon afterwards died and murmuring something about his mother but it was unintelligible I never heard Badgerly makeL any threat towards Keller and he was unarmed un-armed There was a pistol behind the bar about fiite3n feet from Badgeily ct the time he was shot There was but one shot fired I had taken about eight steps from the saloon when I heard the report To CBITCHLOW am pretty sure it was in 1871 bat it may have been in 1870 1 have not talked very much about the case and cannot tell the day of the week but I believe it was ea ly in the morning before 7 oclock because be-cause Badgerly came in to get his morning morn-ing drink Badgerly was a middleaged man but I cannot give his nationality He told me he was working in a mine and must rustle and get his breakfast break-fast I had known Badgerly for several months He was around my saloon quite often I was in the habit of keeping a sixshooter behind the bar but I never drewit upon anyone Badgerly was six feet in Height and weighed about 160 pounds a strong healthy man I remember something being said jn the conversation about some shots that had been tired the night previous 1 I heard the shots myself the sound came from the direction of Kellers residence Mrs Keller was present when the fatal shooting occurred She was in the saloon and I was on the outside At this point court adjourned until this morning at 10 oclock > |