Show COAL COMBINE CASES Trial Begun in the Federal Court Before Judge Kallett MOTION TO QUASH DENIED TAKING aiSSiTIMOXY AVHL PROCEED THIS MORNING On the Charge of Conspiring to Prevent Pre-vent People Xot In the Combine From Engaging lit the Coal Dims nesh Henry Slye Indicted For Making Having In His Possession ami Passing Counterfeit s3 Pieces Short Orders The United States districtand circuit courts convened yesterday morning with Judge Moses Hallett on the bench His honor came from Colorado to try cases in which Judge Marshall 1 is disqualified by reason of his having been attorney in those cases prior to his appointment to the circuit bench The case against E L Carpenter and other members of the Salt Lake Coal Exchange was called up The members of what is known as the coal I combine which includes nearly all the coal dealers in the city were indicted by the grand jury more than a year I ago on the charge of entering into an unlawful combination to maintain the price of coal to the consumers at whatever i what-ever figure the combine chose to fix j and to prevent other parties from buying i buy-ing and selling coal and thus unlaw fully restraining trade contrary to the statutes of the United States Messrs Judd Maginnis and Dey appeared for the government and Messrs Harkness Sutherland and Van Cott for the defendants de-fendants After the empanelment of a jury counsel for the defense moved to dismiss the indictment arguing that tlat J the indictment under the territorial I form of government then obtaining in I Utah was invalid under the changed conditions of statehood also that the indlctmenfdid not state facts sufficient to constitute a conspiracy and that if there was a conspiracy the indictment did not give sufficient details thereof to enable the defendants to answer Arguments on the motion occupied practically the entire day Messrs Sutherland and Van Cott fnaking the arguments in support of it and Messrs I Maginnis and Dey against i j Judge Hallett ruled that the advent of statehood did not invalidate the indictment j in-dictment that the indictment in so far as it referred to the advancing of the i price of coal could not be considered I and no evidence bearing on that would be admitted but that i was sound as I to the alleged conbination to prevent parties not in the combination from I entering upon the business of buying and selling coal and on that negation nega-tion the taking of testimony before the j court and jury will commence at 9 i oclock this morning t Slye Indicted For Counterfeiting I The United States grand l jury came I into court and reported one indictment indict-ment against Henry siyo charginvr Slye with making having jn his possession and passing counterfeit coin 5 pieces Slye was arrested at Spanish Fork some months ago for the crime and I after a preliminary hearing before United States Commissioner Twomey was held to await the action of the grand jury S Short Order In the matter of the United States vs John F Miller and Warren E I Davis an action ona bpnd the case I was dismissed on motion of United States District Attorney Judd in pursuance pur-suance of an agreement with Attorney C S Varian Adam Patterson and Isaac Barton jurors who failed to appear on Monday Mon-day in answer to sub oenas were brought in on bench warrants and giving giv-ing satisfactory explanations for their absence purged themselves from contempt con-tempt and Patterson was excused for the term on account of gickness in his family t In the cases of the Central Pacific Railroad compny vs O C Loveland and the Central Pacific Railroad company com-pany vs William Johnson the plaintiffs plain-tiffs were given leave to file amended complaints and the defendants allowed al-lowed time to answer L |