| Show The Murder Case The case of the people etc vs John T Kelly et al upon the charge of murder was concluded in the First district court yesterday morning the jury having returned re-turned a verdict of not guilty The following are Judge Miners instructions instruc-tions to the jury Gentleman of the jury The prosecuting officer who has had charge of this case from the commence jnenc and in whose integrity and honesty the court has the utmost confidence advises ad-vises the court that he has no more evidence evi-dence to present that all the evidence accessible ac-cessible has already been presented to the jury and that in his opinion there is not sufficient evidence upon which to go to the jury and ask for conviction This case having happened some twenty odd years ago the offence of manslaughter if it was committed at all is outlawed hence the only conviction the people could ask for would be murder in the first or second degree This fact may have had something to do with the action of the prosecution officer or it may not at least it is a fact in the case and the court is inclined to take the same view that counsel has taken from the proof already in Whatever the fact maybe may-be of the guilt or innocence of the defendants defend-ants there is not evidence enough before the jury to warrant a conviction beyond a reasonable doubt and this view being taken the court instructs you to bring in a verdict of not guilty against all the defendants defend-ants I When the verdict was sounded out by the foreman of the jury Defendant Soren son broke out into tears and wept bitterly his gladness was so intense he could not help but give vent to his feelings Each one of the others gladly smiled when the words entered their ears Kelly will leave for his home in Montana in a few days Another llailroail Horror Another horrible accident has occurred on the Union Pacific railroad About I oclock night before last Brakeman Charles W Howaid left Evanston Wyo for a run to this city on the first section of freight train No 33 The trip was made with safety until the train reached the Devils Gate about twelve miles east of this city At that place Mr Howard went out to put on the brakes there being a steep downgrade 1 down-grade so much so that it was a hard matter mat-ter for the locomotive to hold back a heavy loaded train While in this act he fell between be-tween the cars to rise no more When he fell his neck became fastened in a brake beam and hanging by it he was dragged to this city The trainmen failed to notice his absence and the horrible misfortune was not known to them until the train pulled into the freight yards A search was made for him and his mangled body found dangling beneath a box car The sight that met the eyes of those who witnessed wit-nessed it was enough to make the blood run cold in their veins The flesh of his hands and fingers was worn off until the bones were exposed by being pulled along the stones and gravel by the dashing locomotive One leg was torn entirely from its socket the other was off about the knee His left hip was gone and the intestines whichworke4ia harmony har-mony with the cravings of his st macb were scattered for several miles between the rails The mutilated body was picked up 1 by the railroad men and carried to the establishment of Undertaker Preshaw Some section men found a leg of the unfortunate un-fortunate man above Uintah which was brought to this city and placed with what was left of the remains Mr Howard was 25 years of age and has been married for two years to a beautful wife to whom his sad demise came with a thunder blow He had bean in the employ of the company but four months He was formerly a resident of this city but being compelled to spend a greater portion of his time in Evanston while he was off the road he moved his home to that place which was nearly two months ago A telegram was received from the young widow and the remains shipped to Evanston Evans-ton at 530 last evening for burial A False Alarm A false alarm of fire was sounded at 5 oclock last evening The department came out with its usual promptness and in turning west at the Broom hotel corner the hose wagon was going at such velocity it turned over on its side and the contents driver and all were piled up in a heap After a few moments hesitation they were again on their way Luckily no one was hurt A Jap Hurt A lively runaway occurred on Grant avenue early yesterday morning A Jap by the name of Kataoka was driving a one horse buggy when suddenly the animal became frightened at a lady with a large umberella who happened to be crossing the street The buggy was upset and Kataoka sent head foremost against the blow of the horses hind foot The Jap was picked up in an unconscious condition con-dition and carried to his home over the depot saloon where Dr Saunders was called to attend to his wants He was brought to consciousness shortly after the doctor appeared and is fast recuperating under his care It was a close call for him as the side of the skull was slightly crushed Carriage Licenses County Clerk Joseph P Ledwidge issued licenses to wed yesterday to the following persons Mr John Aldous to Miss Maggie Kelly Mr Amos Collins to Miss Alice Rodhouse and Arthur M Smith to Miss Lydia M Paine The contracting con-tracting parties are all of Ogden The First District Court Judge James A Miner disposed of the following business in the First district court yesterday I i The People etc vs James Burk for grand larceny pleaded guilty waived time I and asked for sentence Imprisonment in the penitentiary for one year I The People etc vs D Carroll et al defendant de-fendant William Brunorarraignedpleaded not guilty and the case set for trial the 12th inst The People etc vs John Kelly et al on motion of David Evans jury returned a verdict of not guilty The People etc vs Harry Ferguson for illegal voting verdict of guilty case set I for sentence Monday December b I The People etc vs Matthew Keiran arraigned pleaded not guilty case set for trial on December 41S90 The People etc vs Charley Kinc withdrew his plea of not guilty and pleaded guilty and asked for sentence Judgment seven months imprisonment The People etc vs Clarence E Hall changed his plea to guilty of battery and asked for sentence Judgment four months in jail The People etc vs Thomas OConnell trial pending Police Court Business ih police circles has been exceedingly ex-ceedingly dull of late Judge Preshaw disposed of the following cases yesterday J Kelow arrested for carrying concealed teapons was taxed the usual amount for the offense James Murphy and William Murray two u subjects of King Budweiser were each fined 5 and costs for overtaxing their hungry stomachs United States Marshals Office Deputy United States Marshal Charles Pants went to Salt Lake last evening in charge of the following penitentiary canaries can-aries James Burk sentenced to one year for grand larceny Charles Hing sentenced to seven months for grand larceny Harry Ferguson to be sentenced nextMonday for illegal voting William Bennor to await trial for burglary The A O U W Lodge The newly organized Ogden lodge No 16 Ancient Order of United Workmen elected the following officers for the ensuing ensu-ing term at their meeting night before last P M W W S Stone M W A C Bishop foreman John A Boyle overseer W S Scott recorder J Wallace financier finan-cier G H Ott receiver G Thomas trustees J L Clark William V Helfrich and J J Driver The lodge has a membership member-ship of twentysix Real Estate Sales A Rnckham and wife to John Rackham part of lot 5 block 1 plat Boo 8 1000 T M Ferrin and wife to J Rackbam part of section 8 township 6 north range a MCO O Berger to S J Monin lot 4 block 4 Bergers addition 150 E Bichsel to A E Gieser lots 11 to 13 Bichsels subdivision u 12CO I A W Warren to A G Rogers lots 23 to 30 block 1 Lake view Ierraceuuu 100 A Maw to R Maw part of section 23 township 7 north range 2 4 T A Harris and wife to O Riser lots in Franklin placeu 300 T C Myers to John W Chambers part of lot 3 block 9 plat D 0000 250 D M Moore and wife to J B Moore part of section 21 township tl north range 1 500 DM Moore and wife to J B Moore part of section 21 township G north range 1 200 John England to R Maw part of section 28 township 7 north range 2 nun 1 F Moore and wife to J B Mooie part of section 9 township G north range 1 200 F Yanit to D Suttie lots in Rushtons addition 250 Total un I GW5 General Gleanings On Oliver of Salt Lake was in Ogden yesterday and registered at the Broom George H Greer and wife of Tacoma Washington are in the city visiting friends The rain of yesterday will be beneficial to the farmers who have fall plowing to do J H Airkrom came up from the capital city yesterday to look after business matters mat-ters The rains of yesterday were hard on some of the new buildings under construction construc-tion The banquet given by the ladies of the Iowa association was largely attended last evening regardless of the stormy weather The job office of the Western Knight has been consolidated with that of the daily Union They both will make a very complete com-plete outfit The firm of Cook Buton druggists at I Five Points has been dissolved by mutual consent Mr Cook having sold out his portion of the business Lost The Ogden chamber of commerce If anyone finds trce of it they willbe conferring favor to the citizens of Ogden I by reporting the same at once I The following telegrams are uncalled for in the office of the Western Union Telegraph Tele-graph company Joseph Caldwell B Camp Mrs E A Bruguien Herman Murphy and Charles Fritz The Cache valley accommodation train leaving here at 950 today was reported at Hot Springs three hours late Great is the U P Only three hours late in making a ninemile run |
