Show THE JURY DSAGREES even For Convicting Blythe and One For Acquittal STATE MADE STRONG CASE DENDA WILL BE TRIED I OVER AGAIN I Supreme Court Dismisses the Appeal In the Case of Jaes Wesh vs David E Lambert et alFrk Peyton Held For TaShort Orders Or-ders and Totes John A Blythc who is accused of A I raping 6yearold little Rhoda Broch at I the rear of the Yey hotel last July will have another chance to escape the penitentiary pen-itentiary Time jury after being out nearly six hours failed to agree and as discharged I is the came old storyne man stood out for acquital all thc time while seven said lythe was as guilty a any man could be as soon a they entered thc jury room The prosecution made a particularly strong case and when the defense had its inning yesterday stress was laid upon one point The affair however was of such a revolting nature that only allusion to the testimony can be given Tue defendant frt took the stand In his own behalf and denied the charge in toto Then James Farrell followed He said he WaS in thc room all the time little Rhoda was in Blyt12 company and that the later had her on his knee and was combing her hair I This constituted the chief witness for defense The point dwelt upon by Blythes attorney In particular was that when the girl was being cross examined she said defendant combed her hair but once and that thc alleged assault took place at that time Both Judge Powers and Attorney Lippman make strong pleas for their man and by their great ability succeeded in presenting pre-senting a case sufficient to cause doubt in the mind of one juror Peytn Kehl For Trial Frank Peyton charged with cmbez zlement for having gotten away with 390 from Louis Berets of the European restaurant had a prelhnlnary hearing yesterday beft Justice McMatcr which resulted in his being held to the district court for trial His bond was I fixed at 500 fain which he was J placed in thc county jaI Peyton had a hearing on the snme charge before Justice Jus-tice Sommer some ten days ag but that justice thought the evidence was insufficient to hold him The prosecution prosecu-tion however discovered more evidence and caused a second hearing before Justice Mcllnster at which Peytons I accomplice Saucer and Detective I Sheets gave damaging evidence which was not introduced before JustIce Som I mer The defendant offered no test mony and was held for trial a stated Appeal Dismissed Justice Bartch yesterday delivered an opinion concurred in ly Chief Justice Zane and Justice Miner dismissing the appeal in the case of James Welsh against D and E Lambert Thc case was an action for damage in which the jury return a verdict no cause of action and judgment of costs va entered against the plaintiff who attorney at-torney moved to strike out the cot bill and also to expunge from the record judgment on verdict The motions motons were overrule and then the appeal was taken The other parties to the suit at once moved to dismiss the appeal ap-peal contending the orders af the lower curt were not nppenlable and that no bill of exceptions ha been fled The court considered the points well taken and dismissed the appeal Cases Argaed ad Submitted The following mater were before thc supreme curt yesterday J C Thoreson vs the state board I of examiners setting for this term de dined Brigham City vs John Crawford by consent of counsel case was submitted on briefs without arguments Patrick C don vs Hyman A Seig frger Frank Knox and Sam J Ken yon argued and taken unuer Mvise meat Estate of Nathan Sear deceased argued and submitted Sort Orders I Thc following orders were entered by Judge Hues yesterday Luciu L Gray et al Vs George R Cassidy ct al dismissed on plaintiffs motion wit prejudice V J Tudenham et 1 vS Esther A Hardy et nl stricken from calendar Sheep Rock Mining Milling company com-pany vs George W Moyer et al continued con-tinued for the term Kiggins Toolter Co vs Utah Book Stationery company continued for the term I The following order were made in Judge Cherrys division of the Third district court yesterday Ella G Dig wlty vs Robert H Hun I stock continued for term at defend ants cst and leave granted to file amended answer E 1 Camp vs Fred Simon motion for continuance continued until Sept 28 10 oclock a m Court Notes William T Bridwel executor of the estate of Edwin C Gray deceased has flied a acton against George R Cassidy property sidy et al for thc prtton of certain J 11 Tanner has resigned as supreme court reporter In thc case of Martha A Rounds vs the Tribune Job Printing company et al the plaintiff yesterday fed in the federal court a demurrer to the answer an-swer of the defendants also a moton to strike out part of the answer and a motion to strike the whole answer from the flies |