Show I A BUSY DAY IN COURT I The Greenwell Perjury Case Affirmed THEY STAND PAT ON EIRKWOOD I E 3T Allison Will Submit the Crucial Cru-cial TestAnother Point for the Beck People The judges of the Supreme Court I came together again yesterday morning morn-ing and as the result of their eight days deliberations rendered a number of important decisions and transacted some details of business which are of more than passing interest Judge Hoge presented a written request re-quest from several citizens of Nephi aSKing that a United States commissioner commis-sioner bs appointed for that place and that John Witbeck be appointed to the position Ihe request was taken under advisement TIlE OEEENWELL CASE AFFIRMED The perjury case of Ambrose C Greenwell who is now undergoing imprisonment im-prisonment next came up and the decision de-cision was read by Judge Henderson The opinion was quite extensive and concludes as follows We entertain no doubt that under the provisions of the statute when the Grand Jury are investigating as to whether a libel has been published it is competent for them to investigate as to whether the matter alleged as libelous is true or false and as to whether it was published with good motives and for justifiable ends and that when they do so they are material questions and witnesses summoned before them and sworn upon such questions are liable 10 the penalties of perjury for false testimony tes-timony Evidence is deemed malt rialto rial-to the issue and perjury may be assigned as-signed upon it if it tends to establish a material ex imination or a link in tOe chain of evidence or is circumstantially material or tends in any way to characterize char-acterize the matter at issue or tends to aggravate or extenuate the damages Tiffanys Criminal Law 773 2 Russet on Crimes GOO Hoch vs People 3Uichjin 557 The record shows that the 0 W f oweru named in the indictment was the then presiding judge of the First District It is a fair inference from the recjrd bat the libel was aimed at him on account of his official position It would be a scandal on the administration administra-tion of justice if under such circumstances circum-stances the Grand Jury could not investigate in-vestigate the trutn of the charges There are various otbr assignments of error but we do not deem it neces sary to discuss them in detail the mostly relate to latitude lowed by the court ft in the examination of witnesses for the prose cutin and we do not think that the discretion of the court was so exercised as to call for any interference by this court The secondary evidence of the counts of the affidavits was we think also properly admitted the proper foundation having been laid It is plain from this record that the libel which was under investigation by the Grand Jury was a willful and malicious slander upon Judge Powers and arose out of antagonisms engendered en-gendered by the discharge ot his official 1 duties and that when it was sought to be investgated the defendant maliciously malici-ously and with utter disregard for truth and consequences as to the lay whose reputation was involved undertook under-took to establish the truth of the charge with false testimony and when he was put upon tril for the perjury committed com-mitted thereby it was sought to shield him by toe convenient method of for gtting the facts Much of the testimony testi-mony for the people necessarily came from parties wno were at least un friandly to the prosecution and under such circumstances very much must necessarily be left to the discretion of the trial judge We have carefully examined the record and the various assignments of error and think that no substantial right pf the defendant was violated and that the judgment and decision of the court below should be affirmed Zane and Boreman concurred con-curred THE ALLENBAENES EULISO In this longcontested case the following follow-ing decision was rendered by Judge Henderson the other Judges concurring concur-ring It is adjudgedthat the disputed clause of the will of the late J M Mien set forth in complaint to wit And it is my further desire that out of the proceeds of said estate leaving the same to the best judgment and discretion discre-tion of the executors hereinafter mentioned men-tioned to pay unto my said mother Disey Allen the sum of 20 during each and every month of her life as an income in-come and snpport for her and the sum of 15 to bjjjaid in like manner each and every month to my said aunt Rachel Alien during her life as an income in-come and Iupportbe and is hereby constryed to mean that the defeudant as administrator with the will annexed is clot led with a reasonable discretion as to the amounts to be paid under said will to Disey and Rachel Allen and in his discretion such payments may he made out of any part of said estate in his hands And it is further ordered that the judgment of the D s tricl Court herein b and is vacated and set aide and this judgment and decree substituted and tuat each of said parties par-ties pay her or his own costs in both said courts THE BROCKSWAEREN CASE This suit was appealed from the First District and involves the povesMon of I a piece of real estate alleged to have bee i violently seizea and en eied upon bv John Brooks who drove oil Elilm Warren In the lower curt at Kderi the casu went against Brooks who appealed The decision of the Supreme Court was that th judgment of the lower court be affirmed the ap pellant to stand costs THE DDCHEXEAUIBELAND SUIT The decision in this case rendered by Judge Boreman was to the effect that I I the decision of the lower court which i I went against Marshal Ireland and his deputies prohibiting them from selling I property to satiety a judgment for I 16912 should be reversed and thatj I I Ireland should have costs from Duche neau Ii IHE BULLIOSBECK GAINS ANOTHER FOKJT I The judgment of the late Powers made some time ago in tbeBcckEureka the effect that Beck Day litigation to I were guilty of contempt and their people of two taken possession tempt in having drifti in the mine after the Injunction I reversed emwas was served upon by the Supreme Court Judge Boreman and Hen rendering the decison Zane derson concurring The order of contempt con-tempt was vacated and the appellants the BullionBeck people were given costs from the respondents KIEKWOOD MUST GO TO PBISON Judge Zane rendered the long expected ex-pected decision in the Kirkwood unlawful unlaw-ful cohabitation case which involved the questions whether members of the Grand Jury were competent under their oatus of secrecy to testify in court as to admissions made before the Grand Ju y by the defendant also whether or not the admissions of tho defendant were voluntary or involuntary involun-tary I ihe statute named two cases in which Grand Jurors were competent to testify and the ground ot abpellants was that by implication they were competent in no others the court took an opposite view and said there could surely be no unfai ness in admitting what the defendanthatih mstlf testified to on a former occasion the court nid not think the obligation of secrecy imposed im-posed on Grand Jurors extended to the case in question and ruled that their I testimony was admissabe They also held ttiat the admissions of defendant were voluntary and the judgment of the lower court for imprisjnment and fine was affirmed Henderson and Boreman concurred THE LASHDSCHAMBERLIJJ SUIT Judge Zane read the decision in the case of Las bus vs Chamberlm a suit for 10000 damages springing out of the defendants having sold the Cham berlin Hotel in Ogden to plaintiff plain-tiff and having agreed not to start in the same business while plaintiff continued to run the Cham berlin Hotel under that name Cham berlin did start in business however and in the lower court Lashus was given a verdict on the testimony 01 G S Erb and other hotel keepers who gave opinions as to the loss Lashus had sustained The Supreme Court held Henderson rendering tire decision Zane concurring and Boreman dissentng that judgment of the lower court should be reversed for errors committed com-mitted on the trial notably the charge to the juiy and the admission of conjectural con-jectural testimony of the hotel experts as to the loss Lashus had sustained Appellant Chamberlin was given costs The Smoot case noticed elsewhere was next taken up Mr Rawlius moved for the admission to the bar of this court of E M Allison of Coalville subject to the usual exam i mtion The court name 5 Mr Rawlins Judge Gilchrist and Mr Dickson as the examination committee Judge Gil christ asked to be excused and Judge Rosborough was named in his stead 2 oclock today was uaraed as the hour for the examination TIlE BASSETT CASE The Bassett polygamy case was then argued by Sheeks Rawlins and Dick sjn Varian The points with which the public is familiar viz the objection objec-tion to the first wife testifying against her husband the incowpeteucy of the juror Laraen an apostate who had once been a polygamist himself and who the defense claim should have been excluded and the insufficiency of the evidence were argued exhaustively by both sides and near 5 oclock the case was submitted and taken under advisement Court then adjourned until this morning at 10 oclock |