Show TRONTO GET JUDGMENT I The County Directed to Liquidate Liqui-date His Claims I ARES ED FOR ADULTERY DR ELY AXD JESSIE AVEGGELAXD AGAIN IN THE TOILS I I 1 A navisherK Application for Xew Trial Denied llrcnniin Again Before S Be-fore the Conrt Xerr Suits and JmlgrnieiitN Tliut Bank Attachment Attach-ment S i t I ExTreasurer J B Toronto yesterday obtained judgment against the county of Salt Lake for 116666 together with interest thereon from December 31 1892 The action was begun nearly a year after repeated but unsuccessful attempts at-tempts to get a settlement with the coT unty court for services performed co-T he complaint alleged that plaintiff was elected county treasurer in September 1890 and that as such i became his duty under an act to provide for a uniform system of free schools throughout through-out Utah territory to render additional addition-al services The same act provided hat for these services the treasurer of each county should receive such compensation com-pensation out of the school fund as the county court might determine Upon the application of plaintiff to the county court on October 7 1892 it was ordered that the salary should be fixed at the I I sum of S500 per annum Subsequently and on March 13 1893 the plaintiff prc sented to the cc feUy court a bill for j I uch services in the sum of 116666I I sw whereupon the court cut it down to 500This This plaintiff refused and going before be-fore the district court through his attorneys at-torneys Messrs Williams Van Cott sued for judgment in the full amount The defendant through County i Attorney S S At-torney Murphy contended that the salary sal-ary as previously fixed by the court Was illadvised that it was beyond all reason for the amount of work done and that the county court had the right to toi exercise the same discretion with the i plaintiffs bill as with others coming before be-fore i The issue which was prosecuted to a very sudden termination came up t yesterday morning before Judge Mer itt on a motion to strike out a part of the answer and for judgment oh the pleadings After exhaustive argument the motion was sustained and thus ended a controversy that has been of interest to every treasurer in the territory terri-tory I F ARRESTED FOR ADULTERY II I I Doctor Ely and an Old Flame Again Agalij in Durance 1 I Mrs Alfred Ely has again started i forth to avenge the wrongs of unrequited unre-quited love and her husband Dr Alfred Ely and Tressie Weggeland I now languish out in the penitentiary I I i awaiting the action of the grand jury j I i upon a charge of adultery The scandal has been repeatedly before S be-fore the public the same parties having hav-ing been arrested upon the complaint I of Mrs Ely some time ago and given bonds for their appearance for trial before the First district court Mrs Eiy tells a long story ofher nusbands escapades and charges him with liaisons liais-ons with half a dozen women whom she says have been lured to his ranch near Beaver where the most licentious practices prac-tices were indulged in while she was I I left in Salt Lake alone and neglected Having learned that the doctor was up to his old tricks Mrs Ely recently presented herself before the commissioners I commis-sioners court in the city where she made complaint The complaint was transferred to Commissioner Christian I I at Beaver who followed it up with a warrant and the twain were Jirrested and hastened to the pen for detention pending the action of the acton grand jury Before Judge Bartch The following orders were nade during dur-ing the day S Andrew Brixen vs William Groes beck et al motion to dissolve attachment attach-ment argued and submitted National Bank of the Republic vs William Burke et al leave given to amend complaint by inserting the name of Catherine E Dyer party de fendant Samuel S Groesbeck et al vs Eliza beth Spencer et al demurrer to amended answer withdrawn I J P Dewoody vs William McQueen sheriff motion to show cause why writ of mandate should not Issue argued ar-gued and submitted Benedict Fergenbaum et I et al vs M 11 H Lipman upon reading and filing motion and affidavits of M H fing 1 man C S Varian and Theodore Bur 1 mester it is ordered that J Post an at jtorney I of this court should show cause I why the executions and supplemental proceedings of this action shall not be acton ShRl 1ot quashed and that a copy of this order I be served one day before the hearin < r New England Loan and Trust com pany vs William H Wilkinson mo tion for a receiver for certain I recher certin prop erty on Second South and First West lii5t < heard and denied I morning Court adjourned until 10 oclock this I Minutiae From Merrltfs I I Judge Merritt upon the opening of1 court announced that the setting of equity cases would be proceeded with j thiS morning S wih The following orders were made 1 I Glen R Bothwell vs E S SnelTove andalsu demurrer to complaint and complint argued sustained and ten days to amend Boyd Park vs E H Parsons mnepd et at motion ruled for new trial argued and ovir I Court adjourned until this morning unt at 10 ococ oclock I I That Ranlc Attachment The most gratifying phase of the vic tory that was recently achieved recentyaChicved by the Park City bank over certain I Cit certin depositors says Receiver McLaughlin is that it i S vindicates the character of exReCtiver Kimball who now lies slumbering in the grave and in whose integrity no stockholder integriy 10 or depositor save those isb lated exceptions have ever lost faith The disolving of the attachment adds the receiver now leaves th s wav clear to wind up its affairs and pro rate the proceeds as was originally designed that all may share alike S al alie Commcnlintr upon the outlook McjKwiS I outook Receiver McLaughlin says that there is possibility of the creditors realizing about r0 per cent of their claims although the 1iabIhitiej I alhough liibiJitiefdnlv reach 175000 The assets which were originally estimated at UOOOi have he says depreciated as has everything else S during the period of depression f1se and S property from which the original in vestment with 5a handsome margin might have been realiied at one time is today practically without a market S This will necessarily render tho work of reUizing on much of the assets very slow although the receiver is leaving nothing undone to get all possible proceeds S pro-ceeds out of them I Nevr Suitp Bestiii Grace L Henderson yesterday began an action for divorce against David Henderson whom she charges with desertion de-sertion and nonsupport The parties were married at TOoele City in 1SS6 the results of which are two children the custody of which she prays together j With alimony in the sum of 500 I Phoebe Charlotte Johnson nee Alexander Alex-ander has commenced suit against Jul j letta Alexander Tripp and others to J a i r5 procure a partition of certain real estate es-tate or for a sale of the same and a division di-vision of the proceeds Court CoiidcnMatitnH George Brennan who wag months ago j convicted of perjury in the district court was again before it as a petitioner for new trial yesterday this time represented repre-sented by Judge Miller and Arthur Brown esq while the territory was represented by Assistant District Attorney At-torney Howat i ThomaS Hart who was convicted of housebreaking has been allowed thirty days additional time in which to prepare pre-pare statement on motion for new trial The motion for new trial in the case I of the people against James NicHolson convicted of rape was argued and overruled over-ruled before Judge Merritt yesterday I I He will remain for twenty years behind the bars A transcript of appeal from the Fourth district was filed with Clerk Bache of the supreme court yesterday in the case of John Y Rice against Ricy H Jones appellants The Illness of a son has been engaging en-gaging the personal attention of Deputy Dep-uty Marshal Dyer for several days I A gratifying improvement in his condition condi-tion was noted yesterday I I Deputy Marshal Cannon leaves for Lewiston Ida this evening to take I charge of Cummings the alleged em bezzler with whom he will return The case of J P Dewoody vs A I Hensgen has been appealed from Jus tice Blazers where the plaintiff ob I tained judgment for 5510 plaintf dis trict court i The line for contempt amounting to 100 and costs imposed by Judge Mer ritt upon Amos Fenstermaker was yes terday entered against him as a judg ment Final judgment in the sum of 63150 was yesterday entered up against the defendant in the case of John J Wools I against Michael H Quirk The case of McLaughlin against IcL3ughll Park City parties Ciy partes upon contempt was not reached yesterday I POLICE COURT The Grice Larceny Case Invctitignt ed Minor Offenders Fined The charge of petit larceny against Samuel Grice was investigated investgated yester day in the police court before Justice Smith As the evidence was somewhat conflicting the matter was taken under i advisement Grice is alleged to have robbed the I barn of R I Thomas and stolen a set of harness and sundry other articles I The harness was found at the fellows home in Garden City but he claimed i to have found it and several other sets near the house and stated to the court I that he intended to deliver the harness over to the sheriff The evidence of II the officers showed that the missing I harness was found at Grices house and that there was also a large amount of other stolen property in the building Maggie Mitchell and ole Jennings forfeited 850 each for prostitution Bud Foreman and Jim Sullivan were assessed 5 each having been found guilty of reckless driving I Walter Evans charged with using abusive language toward William i jKrant both men being employees of the waterworks department was found I guilty and fined 5 The order of the court was afterwards revoked however how-ever and the defendant released Evans Ev-ans claimed to have been drunk and Krant showed a willingness to with draw the complaint i M Meakin wa assessed 5 for drunkenness I George Davis and Fred Washington colored both boys were rearrested yesterday yes-terday morning on the same charge of disturbing the peace of Mrs Emma Williams colored and were found guilty Washington was found guilty and given ten days in the city jail Davis was discharged These are the I boys who have been making life miserable S mis-erable for Mrs Williams by throwing dead cats rocks and sundry other arti des at the doors and windows of her < house I For peddling fish without a license John Eckstrom and Swen Anderson L I were arraigned before the court The case was continued until next Monday by which time the men will take out a license I seems that they recently purchased a produce and fish business and were of the opinion that the license of the concern would continue in force I i notwithstanding change notwihstanding I I |