Show ii TI MONK SETENE Two Years On Each Charge Perjury I and Forgery RUNNING CONCURRENTLY JURY FAILED TO AGREE IN THE EDWARDS CASE Judge Norrell Hands Down His Decision De-cision In Case of Tufts vs Wickel Finding the Issues For the Defendant De-fendant Order In George H Scott Cos AffairsPerkins Addition Ad-dition Foreclosure James T Monk exmining recorder of the Big Cottonwood mining district who vas convicted on chargesof perjury per-jury and forgery was brought into curt yesterday morning for sentence and Judge Norrell sentenced him to two years imprisonment in the state prison on each charge both the sentences to begin yesterday and therefore to run concurrently Before sentence was passed Monks attorneys moved for a new trial in each case and bpth were overruled The defendant when asked by hi honor if he had anything to say before sentence was passed shook his head and replied with the one word Nothing Noth-ing TUFTS VS WICKEL Judge Worrell Holds the Defendant Is Entitled to Dower Judge Norrell yesterday handed down his decision In the suit of Jennie Tufts vs Eleanor B Wickel et at which was tried some time ago His honor found the issues for the defendants The suit was quite complicated and arose out of the matrimonial relations of the parties dating back for many I years It appeared that In 1869 Elbridge Tufts married the defendant then Eleanor gpSrinker now called Eleanor B Wickel and about a year after they separated after obtaining a church divorce di-vorce Tufts then married two other women both of whom died and the first wife of Tufts married John AVickel and in 18S5 Tufts married this plaintiff In 1891 Mrs Wickel the original wife of Tufts discovered that the church divorce di-vorce by virtue of which she was separated sep-arated from Tufts was illegal and of no effect in law whereupon she left Wickel and commenced an action for divorce and alimony from Elbridge Tufts This action was pending when Elbridge Tufts died and Mrs Wickel claiming to be his legal wife filed her petition in the probate court asking that she be appointed administratrix of his estate Jennie Tufts claiming to be the widow of Elbridge Tufts the deceased began the present suit to prevent the appointment of Mrs Nickel as ad ministratrix and to quiet her title to certain property which Mrs Wickel claimed Mrs Tufts that is this plaintiff plain-tiff also claimed the property under a deed executed to her by Tufts alleging that as consideration she had given i him money left her by her first husband hus-band and that the property was conveyed i con-veyed to her in payment of the indebtedness indebt-edness In deciding the case as to which of I the two women is entitled to dower Judge Norrell found in favor of Mrs 1 WIcko i The court further holds that the I church divorce was absolutely void I I that Mrs Wickel is the legal widow ail It hl il fe Ito I of Elbridge Tufts that she is entitled to dower In his lands and that she is not estopped from claiming it I William Elbridge Tufts eldest son of I Elbridge Tufts by his second wife was 1J ep Sd re I made a party defendant but the court now dismisses the action as to him I ITnder the terms of the decision he will II be entitled to a share of the property The court also finds that the provisions I provis-ions of the EdmundsTucker act of March 3 18S7 control in the matter of I dower in the case I eclroen The section providing for a dower of the wife is made in subdivision Aof I the ISth section of that act In subdivision sub-division H of the same section it reads as follows In case of divorce dissolving dis-solving the marriage contract for the I misconduct of the wife she shall not I be endowed I The court finds too that by an act of i the legislature approved Feb 16 18i2j the right of the wife was abolished and so remained until congress enacted the EdmundsTucker act referred to I THE EDWARDS CASE i Jury Stood Seven to One and Were Discharged I The jury in the case of Charlotte E Edwards charged with grand larceny and receiving stolen goods came into I Judge Norrells court yesterday morning morn-ing after being out all night and announced an-nounced that they could not agree upon a verdict upon which they were discharged I dis-charged Seven of the jurors were for I conviction and one R R Anderson i stood for acquittal This is a repetition i of the result in the former trial of Miss I Edwards for the same offense The I prosecution will likely order yet another an-other trial Probate Matters In the matter of the estate of George W Crowley deceased Judge Hiles yesterday yes-terday made an order setting aside a former decree escheating the estate to the state of Utah For a long time after the death of Crowley no heirs could be found and the estate amounted after sale of the property to about 3200 and was declared de-clared forfeited to the state Shortly after that action brothers and other relatives of the deceased turned up and the former decree of escheatment was set aside and a motion for distribution was taken under advisement by the court Estate of Ferdinand Merrill deceased pf Uti n for sale of real estate amended I Estate of William H Ryan deceased return of sale of real estate approved and additional bond in the sum of 2OCO ordered filed Fstate of Samuel D James deceased or3 r of distribution and settlement of final account made I Estate of J B Farlow deceased pe tti n for partition granted and W A Nelden L H Farnsworth and T W Partridge appointed commissioners in rajtltlqn Estate of Allen Hilton deceased widow allowed 8 a month pending settlement set-tlement of estate Estate of Benjamin Hough deceased order made confirming sale of real estate I tateEstate Estate of J B Boggsdeceased claim of P L Boggs not allowed District Court Orders Toseph Ehrngren vs N J Grunlund motion for a new trial overruled Salt Lake Valley Loan Trust company com-pany vs J F Slillspaugh et al motion for a new trial oerruled C J 0 Irwin vs David Crafts et al judgment for plaintiff for J20995 and Interest J M Thomas vs John H Bailey motion mo-tion for a new trial overruled Sarah J Butterfield vs Francis Armstrong Arm-strong et at demurrer sustained and 20 days given to amend P M Olson vs Annie Lovendahl motion mo-tion to dismiss appeal overruled Samuel P Teasdel vs John HKel son motion for a new trial overruled McCormick Co vs C T Steven I son judgment and decree for plaintiff for J20S730 and J100 attorneys fees Stephen Hays vs William Fairchild judgment and decree of foreclosure for the plaintiff for J13204C and costs John Weir Jr vs Chester Osborne dismissed by consent W G Tuttle et al vs Mark Ross et al judgment and decree of foreclosure for the plaintiff for 55723 and costs Order In the Scott CaseIn > Case-In view of the proceedings pending in the Scott case to set aside the assignment as-signment and appoint a receiver for the property Judge Hiles yesterday signed an order directing Assignee Anderson to suspend sales at retail of the assigned as-signed personal property and further directing him to solicit bids for the personal property and good will of the business in one parcel the assignee reserving re-serving the right to accept or reject any or all bids subject to the approval of the court In the meantime the assignee as-signee is permitted to proceed with the collection accounts due the corporation corpora-tion and is instructed to hold the real estate subject to the further order of the court Perkins Addition Foreclosure Suit for the foreclosure of a mortgage mort-gage for 30067 on Perkins Grand View addition was yesterday filed in the Third district court by Attorney E G Rognon on behalf of Rebecca J Perkins Per-kins against J Douglas Perkins Mary A Perkins Josiah Cope and Samuel Ivison It |