Show VERY COSTLY BLOW A Little Fracas Costs a Young Man a Cool Hundred WHY 3IACKA1 STRUCK OLSEN Charles Smith Charged With Battery7 Calt rins Arrest One Year In the Pen David O Mackay K H Winder and Samuel Williams appeared before Commissioner Commis-sioner Norrell yesterday to answer to the charge of assault and batter upon Fred Olsen who lives near the mouth of Bingham Bing-ham canon The defendants having demanded de-manded a jury trial Messrs M H Walker A Thompson P L Brieger George Barr L Cottrell and is E Underhill had been summoned to serve in that capacity Mac kay however deemed it wise to enter a plea of guilty as charged and on motion of the counsel for the prosecution the cases against Williams and Winder were dismissed dis-missed In extenuation of the offense and in order to mitigate the punishment Mackay was put upon the stand by the defense de-fense cHis story was to the effect that on Saturday March 33 he in company with others was driving a large bunch of sheep Three fellows drove through the herd and the sheep became somewhat scattered The next morning he discovered that some of the muttons were missing and later Olsen came to him with the information that they were in his Olsens possession and that he was holding them for damage done to land under hisjjsupenntendencj He asked Olsen how much damage they had done but could get no satisfaction out of him The next day Mackay discovered his sheep in the estray pound at Fort Her riman He again asked Olsen what the damage was and he replied that no damage had been done Other talk followed and after a heatod argument Mackays right hand flew out and Olsen went down On the other hand Olsen denied a number num-ber of the statements make by Mackay and said further that the order on the poundl eeper for the sheep had been forced out of him under penalty of another beating beat-ing He did not remember very much after he received the blow m the eye said that the fast man eb saw wits a being held be-ing sheep The commissioner thought that no extenuating exten-uating circumstances hadbeen shown that Olsen was engaged in a lawful act and that MacKay had broken the law by taking it into his own hands that the assault was not justifiable in any manner A fine of 15 and costs was imposed The total amount icaches nearly S10U |