Show NEWS NOTES FROM NEARBY TOWftS Important Point Raised in a Case at Provo PUEBLO GETS A LIGHT SENTENCE EESIDENTS OF MOT HAVE tANY NAKPOW ESCAPES Botanist Collecting Specimens in the Mountains Uear Provo For Use in California Preparing the Sugar Companys Float Judge McCarthy Holds Court at Sichfield General Glimpses I Provo June 30 There was a new question raised in the district court I yesterday afternoon and one which will be of inlertsl to every attorney and I The I j every municipality in the state fery municiply question was precipitated by Attorney I A D Gash who was entered as an attorney at-torney in the case of Spanish Fork City vs liockhill who is < hare with keepIng keep-Ing his saloon open on Sunday contrary to the ordinance of said city The de ftndant was found guilty by the Jury hearing the case and was brought Into 1 court to recerv his sentence when Mr Gosh moved for a new trial on the grounds that the case had been started gouds me of Spanish lori City instead In-stead of in the name of the State of Utah He then read sec IS mlle 8 of the constitution of the state of Utah Which is a toO The style of all process shall he The fUnto of Utah and all rosecutionB shall be conducted It the name and bj the authority of the same He argued that as an exception had been taken to the introduction of lestl mony in this t case on the trrounds fame and as it was apparent from the reading of the law that process should be in the name of the state the court erred in admitting evidence into the case and therefore asked that anew a-new trial be granted This was resisted by William Cr rand r-and Jaccb Evans attorneys for Spanish Fork who argued that the meaning of this constitutional provision was that the process was simply to be headed State of Utah Instead of Territory UI i Ctah and that the old law as to who was to be plaintiff in the action would obtain whereupon the judge overruled the motion for Q new trial and Rockhill was called fonward for sentence Mr Gash then moved for an arrest of judgment and cited authorities to show I that his position was not unusual In I Maxwells criminal proceedings page 9 i is shown that the state of Nebraska Ne-braska acting on a fcimiiar provision of their const tuton ordered that all I prosecutions should be begun in the name of the state which was borne out by cases cited in the Wisconsin reports which made all process void which was i not so commenced At this stage Judge Dusenberry concluded con-cluded that there might be something tl in the point raised and stated that he I would like some time to investigate the matter and ordered that the defendant appear July 7 at 10 oclock when a ruling rul-ing on the motion would be made DISTRICT COURT J N Whitaker vs Joseph Harmer plaintiff granted leave to amend complaint com-plaint and case came to trial by a jury This is a suit for damages insti tuted to recover 200 because of the defendant flooding the plaintiffs land Parties to the action live near Spring ville case is still on trial Joseph Pueblo was called up for sen lence having been convicted of assault upon the person of Annie Olsen at Salem Before sentence a statement was made by County Attorney King that the defendant was instrumental in furnishing the evidence upon which certain cer-tain persons were apprehended of attempted I at-tempted jail delivery The court recognized recog-nized this service to the state and sentenced sen-tenced the prisoner to pay a fine of 1SO in default of which he would be confined con-fined in the county Jail for a term of 150 clays Among the arrivals at the Roberts House are Hon O W Powers H J Dminny Roger W Powers Joseph Tre loar J H Brown and M Bixley all of Salt Lake Tames H Bacon is i down from Salt Lake to look after some real estate tales in which he is interested Barlcv Ferguson was in attendance at the district court today Mr and Mrs B F Fleincr have returned re-turned from their Nebraska trip John W Swensen who is a graduate of the Stanford university of California is visiting in Provo and collecteff botanical botan-ical specimens in the mountains nearby near-by It is expected that the game of baseball base-ball to be played between rIOVO and Salt Lake next Saturday afternoon will be a Very exciting one |