Show THE DEVIN 1 MANDAMU 1 Deraled by an Avalanche of Motions and Demurrers TO BE HEARD ON THURSDAY E G FOSTER RELEASED IX A DYING DY-ING CONDITION Park City Men to Be BroiiRt in For Contempt TIic American Com mcrelnl Agency render a Straw ISonil Which i Promptly Rejected Re-jected The Day in Court I I The avalanche of motions and demurrers de-murrers to which Judge Merits attention atten-tion had been pledged yesterday forced the promised hearing on the mandamus mandam-us by which Charlie Montague seeks I to recover his job in the fire department depart-ment from Chief Devine over to next Thursday Hon O W Powers who launched the bill under which his client seeks I redress was present to advocate the i constitutionality of the law City Attorney At-torney Hoge to enquire into if not to I attack i a has beensaid would be the chiefs defense Meanwhile it is said of the chief that the work of cleaning I out goes on the head of William lam P Bates one of the drivers from the Stanton regime having fallen into the basket while Thomas Welsh was summoned to the vacancy Doomed to nth Slowly but surely succumbing to the encroachments of consumption E G Foster held on an indictnlent charging I him with grand larceny was yesterday yester-day released from the penitentiary and permitted to go on his own recognizance I recogni-zance Judge Howats pity had been stirred by the story of the prisoners woes and on his motion an order was made allowing al-lowing the doomed man to go into the open air to wrestle with the disease I that has overpowered him Fosters case is a sad one in the light of developments devel-opments He was arrested on a charge I I preferred by a drunken soldier who I had been in his saloon during the night between two nymphs The next morning I morn-ing the soldier ascertained that his money was gone and lodged complaint against the keeper Foster was exam1 med before Justice Gee who carefully careful-ly scrutinized the evidence and then ordered him released The matter was i reopened before the grand jury and the I indictment returned The complaining witness in the meantime has been I transferred to a Texas regiment and I again will probably never be een in Zion I Contempt Proceedings I Upon the motion of Attorneys Jones I Schroeder an order was issued by Judge Merritt yesterday directing 0 I C Locl hart and B P Williams as custodians of certain moneys to appear ap-pear before him and show cause why f they should not be committed for contempt con-tempt The respondents are citizens of Park City and hold 2000 some mining and society building stock the proceeds t pro-ceeds of an execution in the cases of The Symns Utah Grocery company vs r McLaughlin Co and Wallace Smuin rlace Co against the same defendants I On supplemental proceedings Lockhart and Williams were ordered to pay overtime over-time proceeds of the execution and reusing re-using the writ which i returnable on Friday next was ordered to issue HIoHonn and DeTnnrrcrs The following orders were made by Judge Merritt during the day Amos Townsend vs Utah Gem Min lag company motion to set aside judgment judg-ment argued and overruled and appeal bond fixed in the sum of 2500 Louis Schneider vs Edward Genter et al dismissed at plaintiffs cost American National Bank vs J A Morlan et al order for publication Frances F Gleason vs Wallace Christy Chris-ty et al default and judgment as prayed together with attorneys fees in the sum of 5100 Hellmers Manufacturing company S R Marks et al default and judgment judg-ment with attorneys fee in the sum of 50 John T Snelson vs Elhridxe Tufts five days allowed in which to file anew a-new and additional bond H W Brown et al vs Joseph Laken i leave to amend papers by the substitution I substi-tution of Josiah for Joseh service having been had under erroneous name John E Wiscomb vs A H Page Frank B Stephens withdraws as attorney I at-torney for plaintiff Moroni Edwards vs John Groesbeck et al order allowing Frank T Hiatt io oJdu t lr I Robert J Burton ir and A 13 Bal lard to be added as codefendants David Pearl vs J W Whitehead order for dismissal Sandy City vs Charles Burns dismissed dis-missed i 1 D Wells et al vs C W Brewer ton et al judgment as prayed Elmer B Jones vs Thomas Black et al judgment as prayed Elijah Sells et al vs W H Lyon et al motion for intervention allowed William Sehauffelen vs Henry Wagner Wag-ner et a1 ordered that motion to reinstate re-instate demurrer go on the law and motion calendar moton day Court adjourned until 10 oclock Mon Before Jmlpre lliirtcli The following orders were made in Judge Bartchs division during the dayEdward Edward D Swan vs Carl Emil Nielsen Niel-sen et al decree of foreclosure and attorneys fee fixed at 75 J P DeWoody vs William McQueen sheriff defendant allowed until Monday Mon-day morning to answer alternative writ of mandamus Thomas Cupit vs Park City bank motion to dissolve attachment set for hearing on Monday March 26 T Sullivan I the Anchor Mining company ten days additional time to file and serve statements on motion for new trial Court adjourned until 10 oclock Monday |