Show IFOR RIGHT OF WAY The Fight Made by the G S L H S Railway THE BIG SIEIBBEN WILL CASE It Will Prohahy Be Decided by judge Bartch today Other local Light Des seminated Yesterday The first case of any importance called in the Third district court yesterday morning I was that of the Great Salt Lake Hot Springs railway company vs the Salt Lake Mill and Elevator company in which the plaintiff prays for the condemnation of certain cer-tain lands situated in the rosr of the elevator ele-vator companys mill for the purpose of laying track for the continuation of the railroad to Bountiful its northern terminus termi-nus In tho plaintiffs complaint they allege al-lege that the purpose of the company is to maintain and operate a street railway between be-tween Salt Lake and Bountiful that it is necessary for them to procure a narrow strip across defendants land that said defendants de-fendants refuse to sell the desired ground and they ask the court to assess the damages dam-ages and condemn the property On the other hand the defendant alleges that the railroad company is not a corporation existing ex-isting under the laws of Utah that the purpose of the railroad company is to construct con-struct a railroad and obtain right of way not for the purpose of operating the lines but to sell it out to some corporation with the object of speculation and dealing in real estate also that the plaintiff has made no advances tending to the purchase of the land in dispute but on the other hand at one time promised to refer the entire matter to arbitrators and then receded from the agreement that defendant is willing to gaant the desired pormission to right of way for a just and agreed consideration consid-eration I E B Critchlow and J L Rawlins represented rep-resented the plaintiff and Baldwin Tat lock appeared for the defendant The question of the right of the court to try the case a jury having been waived was argued ar-gued by both sides and decided in favor of the plaintiff An offer of 250 to purchase the land was made Numerous witnesses for both parties were examined and many papers were introduced traduced as evidence The case was continued con-tinued In the case of Aaron Keyser vs Witcaer Jones the demurrer to the supplemental complaint was overruled n in tne case or Jonn a ueugnes vs Ida Heughes the court allowed S100 attorney fee and iiO per month alimony for the support sup-port of the defendant and child JohnBreeze native of England applied for citizenship papers as also did William Cornick The men were admitted after the usual questioning William Hunt of England had been in Utah about fifteen years and was eighteen when he landed in New York He was informed in-formed that it would be necessary to get his first papers so he will not vote at the Au ust election Sarah Belton and Robert Moore the duo of dusky hue against whom an indictment for adultery has been found were arraigned ar-raigned to plead The woman pleaded guilty but the man did otherwise Sentence Sen-tence on Sarah was deferred until today Tn the case of S L Kinney vs Charles Wilson the demurrer was sustained In the case of B Devine vs D Burms et al thedemurrer was overruled and twenty days given to answer the complaint In the case of the Crescent Mining company com-pany vs N B White et aI judgment for the intervenor was granted In the case of J R Nichols vs N B White et al judgment for the intervenor In the case of William Gelder vs Joseph R Morris et al the restraining order was continued in force for sixty days or until defendant Nichols can be brought into court C H Parsons made a party defendant de-fendant All chancery cases were continued until June IS on account of the indiposition of Judge Anderson who was to have tried the criminal calendar while Judge Zane acted upon the civil and chancery docket The case of Sanders Sanderson vs Madeline Made-line Kreng was referred to J H Hurd for trial The case of the South Kamas Irrigation company vs W J Pace was settled and dismissed In the cases of Salt Lake city va Charlotte Char-lotte Edwards and Salt Lake city vs William Wil-liam Fuller the motion to appoint appraisers ap-praisers for rightofway was continued until May 28 The case of John Gibson indicted for grand larceny he having it is alleged stolen some cattle in Juab county was continued tinued for the term on account of the indisposition indis-position of Judge Anderson who was to have tried the matter In the case of Sol M Blumikiohn vs Myer S Aschheim a jury and finding were waived and judgment for the plaintiff taken in the sum of SSO The McKibben Will Case One of the most important cases which has come up in the probate court before Judge Bartch is that of the contestation of the will of Sarah E McKibben widow of Joab Lawrence and George E McKibben being made by the latter The property involved is valued at considerably over 81 000000 Shortly after the death of Millionaire Mil-lionaire Lawrence Mrs McKibben made a will leaving all property except a few legacies to her daughter by a former husband hus-band Mrs Amelia C Fox wife of Moylan C Fox who as well as Mr Jacobus a wealthy New Yorker was named hs an executor Some time after making the will Mrs Lawrence married George E McKibben and about two yearn later died at the Cullon house The heirs at once took possession but Mr McKibben entered proceedings to contest the will on the grounds that under tho laws of Utah a widow marrying invalidates all wills she may have already made This being the case the contestant would get half the property The arguments were made yesterday afternoon Judge Powers and his partner Ogden Hiles represented McKibben and Bennett Marshal Bradley and Mr Dickson appeared for the defendant Mrs Fox The court took the matter under advisement and may render his decision today The caso turns on the laws of Utah regarding wills and estates and means about half a million to someone In the matter of the estate of William H Wintorton deceased order made confirming confirm-ing sale of real estate In the matter of the estate of Hugh McKinney Mc-Kinney deceased the petition to correct checked error made in the decree of plaintiff plain-tiff came on without notice An order was made to correct In the matter of the estate of John Henderson deceased the petition for letters of administration came on for hearing hear-ing Order made appointing Helen A Henderson administratrix on filing bond of 200 In the matter of the estate of William C Miller deceased the petition for the probate pro-bate of wiUcame on for hearing Several witnesses examined Order made admitting ad-mitting the will to probate and appointing Martha Miller administratrix without bonds under the terms of the will Order made appointing appraisers In the matter of the estate of Charlotte Curtis deceased final account and petition for distribution of property came on for hearing The account was allowed and order of distribution entered I The ProTo Court Francis Hanks James Hanks and David Evans formerly of England and now residents resi-dents of Utah county were admitted to citizenship Ephraim Rasmussen of Norway Nor-way and now of Uintah county was also made a citizen Eliza Smith vs Peter A Smith motion to retax casts overruled Mary O Oberhansel vs Ferdinand Oberhansol decree of divorce granted George Proctor vs Elizabeth Proctor decree of divorce granted Isabella Shanks vs James Shanks plaintiff asks for divorce on the grounds of unlawful cohabitation and illtreatment People vs Blanche Scott and Minnie Nelson defendants were discharged These are the girls who were accused of giddiness in their questionable runaway to Salt Lake some time ago James Tucker vs M M Kellogg motion for a new trial overruled Elijah Cox will be brought before the police court for shaving R H Dodd on Sunday |