Show CRIMINALS SENTENCED Davis and Burdell a Year Each and Smith Two Years C L JEWSEN IS ACQUITTED HAD NO CRIMINAL INDENT IN USING CANCELLED STAMP Receiver for Calders Park Will be Named TodayOld Crowther Scandal Sevived Appeals From Decree in Utah Central Foreclosure Foreclos-ure Federal Court Two Opinions Rendered by the Supreme Court Miscellaneous Notes Henry Davis and J W Burdell who were found guilty of grand larceny on Friday were brought up for sentence and Judge Norrell ordered that each be confined in the state prison for one year The prisoners were convicted of stealing two horses a buggy harnesS etc the property of Arta Seeley of East Mill Creek This One Gets Two Years James Smith found guilty on Thursday Thurs-day of breaking into Fords boardinghouse boarding-house in conjunction with another party named Joseph Morris and stealIng steal-Ing a quantity of wearing apparel and valuables was yesterday sentenced by t Judge Norrell to two years imprisonment imprison-ment in the state prison Arraignments and Pleadings George Seymour was arraigned on a charge of burglary and entered a plea of not guilty and trial was set for June H Frank Campbell charged with assaulting as-saulting a little girl named Edith Carney with intent to rape was arraigned f ar-raigned and entered a plea of not guilty His trial was set for June 14 JENSEN ACQUITTED Had No Criminal Intent in Using the Cancelled Stamp C L Jensen the Rio Grande Western station agent at Riverton who was arrested ar-rested a few days ago for violating the postal laws bv using a cancelled postage post-age stamp on a letter put in the post office by him for transmission through the mails had a preliminary hearing yesterday afternoon before United 1 States Commissioner Twomey which resulted in his discharge It was shown conclusively that the stamp was cancelled at the time Mr Jensen affixed it to the letter and it was shown that Mr Jensen put it there yithout any Intent to violate the law and without any criminal intent hence he was discharged BECEIVEB FOB CALDERS PARK Judge Johnson Will Appoint One Today Judge Jacob Johnson sat on the bench in the equity division of the Third district court yesterday in lieu of Judge Hues who went to Manti to try an important irrigation case The only case coming up was the Calders park muddle in which Jacob Myers sued R H Winder and if L I Hammerslough praying for the appointment ap-pointment of a receiver to take charge of the property of the copartnership which was running the park as ana an-a e resort The testimony went to show that 1SVel rWIlt3er and Ha1nmerslough entered en-tered into a copartnership and leased the park from George Calder The three were to advance money for running I run-ning xpenses rent etc and it appeared ap-peared that Hammerslough had put up 400 and Winder 1700 but Myers had not put up any money When the first installment of rent became due it was not paid and the lease was declared de-clared forfeited Myers although he put up no money claimed that It was by his effort that the lease was obtained ob-tained and that he had rcnd red other e services in obtaining excursionists to visit the resort and thus had acquired an interest In the assets of various kinds at the park Judge Johnson found that the plaintiff plain-tiff was entitled < to a receiver to take charge of the partnership property and his honor will name the receiver to say 3ayAN AN OLD SCANDAL REVIVED Crowther Refuses to Pay the Doctors Bill The suit in which Dr Harrison sues William Crowther to recover 150 for medical services rendered in attending I the min r daughter of the defendant I came on for trial before Judge Cherry yesterday afternoon A jury was waived The case was tried before United States Commissioner Jennings in 1895 and judgment was entered for the defendant de-fendant on the ground that the daughter daugh-ter of the defendant was under arrest and no negligence on the part of the defendant was shown From this judgment j judg-ment the appeal was taken The services were rendered by Dr Fisher and the account was assigned to the plaintiff Dr Harrison Messrs Powers Straup and LIppman represented the plaintiff and Attorney H R Watrous appeared for the defendant de-fendant The hearing was in progress at the hour of adjournment f There was quite a scandal connected I with the case at the time the facts i being that Miss Crowther then a girl of about 14 and a young man a brother to the girl were arrested for I I incest and while the girl was In jail I a child was born which died Soon I after the young mother came very near losing her life also It was during this I sickness that the services to compel payment for which the suit was brought were rendered SPENCER LYNCH FAILURE ITcComick Cos Rights Under Chattel Mortgage Contested f C P Ford Co have entered suit against Henry A McCornick and W S t McCornicl to recover possession of certain I t cer-tain personal property valued at 454 alleged to be wrongfully withheld by fendants The goods In question f f are rxirt of the Spencer Lynch shoe t stock of which McCornick took possession I pos-session under a chattel mortgage and which the plaintiff claims to own George E Keith Co are also suing f McCornick Co et al claiming the I ownership of 230217 of the Siiencer Lynch stock and demanding that same be turned ocr to them FEDERAL COURT Judge Marshall Held a Short Session Yesterday Judge John A Marshall held a short session of the United States district court yesterday and after transacting business as follows adjourned court till Monday next June 11 United States vs Richard Mackintosh et al order made allowing appeal to the United States court of appeals United States vs the Union Pacific Railway company three timber cases plaintiff to take testimony on July 15 defendant on September 1 and plaintiff In rebuttal Oct 1 J R De Lamar vsJ W Skinner et al trial set for July 12 Newborn Butts et al Fvs SearchLight Search-Light Gold Mining company trial set I for July 12 A l IL ii Jtb1 1i 2 Patrick Kervin vs James Andrus et al trial set for July 12 UTAH CENTRAL FORECLOSURE Appeals From Certain Portions of the Decree of Foreclosure Notices of appeal from portions of the judgments of foreclosure of the Utah Central railway were yesterday Sled in the district court by the plaintiff plain-tiff the Central Trust company of New York The plaintiff appeals from the order decreeing to Joseph Goddard 1091950 also from the order decreeing the Continental Con-tinental Oil company 5101390 both in preference to the bonds and Interest coupons The appeal is taken to the state supreme su-preme court upon questions of law and fact The appellant will ask the court to review the evidence and law of the case SUPREME COURT Two Opinions Handed Down One Affirming and the Other Reversal Two opinions were handed down yesterday yes-terday by the state supreme court one affirming and one reversing the judgments judg-ments of the courtsbelow In C D White vs V H Pease et al appellants the opinion which was a reversal was delivered by Justice Miner and concurred in by District Judge Hart The plaintiff sued to recover re-cover S > 80 the value of 88000 pounds of I grain alleged to have been unlawfully converted by the defendants on Sept IS 1895 Defendant Pease denied the allegations of the complaint Defendants Defend-ants Brigham and Kuss answered and alleged that William and F P Kesslep were the owners of the property in question when et was alleged to have I been converted that an execution in I favor of defendant Pease against William and F P Kessler was duly issued is-sued and placed in the hands of Brigham Brig-ham and Kuss as United States marshals mar-shals for service that onlv 62285 pounds of grain were taken and same was sold as the property of the Kess lers by virtue cf the writ Judgment was entered for the plaintiff plain-tiff for SSSO damages from which the appeal was taken with the result stated McKay vs Farr The other opinion was in the case of Isaac McKay vs Newton Farr et alIt al-It was written by Justice Bartch and concurred in by Chief Justice Zane and Justice Miner and affirmed the lower court On Jan 141893 the defendants Newton New-ton and Ezra Farr executed and delivered i fts I livered to the plaintiff i a promissory note for J900 and the same was secured by a mortgage executed by Newton I Farr and his wife When the action for foreclosure was brought the defendant de-fendant Lorin Farr who is the appellant appel-lant set UD as defense that Newton Farr on Feb 16 1893 executed to him a mortgage on the same property to secure a note for 3000 which mortgage was recorded the following day and he also averred that the plaintiffs mortgage mort-gage was not recorded and that he had neither actual nor constructive notice of a prior mortgage In the lower court decree of foreclosure was granted the plaintiff and from this ruling Lorin Farr appealed Miscellaneous Notes Robert Smith was arrested and arraigned ar-raigned before Justice Sommer yesterday yester-day on a complaint sworn toby Mrs Martello a fruit peddler charging that Smith beat and abused her husband and threw him Into the water ditch The trial was set for today and in the I meantime the defendant was allowed Ito I-to go on his own recognizance Smith lives near Fifth West and Third South streets and is a brother of Bill Smith who was arrested a few days ago for disturbing the peace of Mrs Martello and was let go with a severe reprimand from Judge Sommer The case of Bendetta Cioli against exSheriff Hardy was yesterday tried before Judge Cherry and a jury with Attorney F E Woods representing the plaintiff and Attorneys Krebs and Hop pjiugh for the defendant The jury I I found the issues for the defendant The case of R L Polk vs Benjamin Davis was dismissed at defendants cost a ITO I-TO SINGERS AND ANDCHOIR CHOIR LEADERS We want SOO to 350 picked voices to combine with the tabernacle choir for the jubilee Sopranas altos tenOrs and basses who have had experience in chorus singIng are specially Invited to jOin us and the leaders of ward and church choirs are requested to select their best singers and urge their attendance at-tendance Work on the Ode to the Pioneers will begin as soon as the successful competitor is known and the music can be prepared Report at the tabernacle Thursday evening or Sunday Sun-day at 4 p m Lists close June 10 E STEPHENS Director |