Show I HE H GEtS FUR YEAR i I 1 Sentence Pronounced On Cabell I By Judge Marshall Yesterday RO STAY JUDGMENT INO STY OFJUDGfJENT I I AIm THE DEESinA2T2 GOES TOT TO-T STATE PBISOtf I Farther Hearing of CSQ of Central Pacific Esilway Csmjany vs I Johncon ct a A Yatcr Suit Filed Salt Inkc and O dsn Zlcc trio light Gos Affairs Wells Fargo Co Sues Esianucl b a Surety For 22OOO Four ycarain the state prion was the sentence passed by Judge Marshall yesterday yes-terday morning 10n KK1 4 1 C e who was found suilty by a Jury ii the federal court last WeJrscJay of embezzling embez-zling the sum of S210Gu bcorjrg ii ha government while actng In the caprffiy i of deputy revenue collector for tn District Dis-trict of Montana In I ths sats of Utah The defendant when ic soc up to receive re-ceive sentence iookeu raie and nervous When asked if he had ai > ihls to say for himself before etrercc wa pronounced MMt o tr no answeieo in ins neiuyc When coUrt was opened at i oco1 Mr Varian ounsel for the ctcnuant sahde a motion for an arrest ol J t biCt qn the ground that the irdlcn er was insufficient in-sufficient in law tsnd could no susa a judgment Judge Judd replying claimed ths indictment in-dictment was gooa no try vnuef setjova 5490 of the Revised Statutes of the United State but also under the act 01 congress con-gress of February a IFili vh ih states that any officer connectci vh o uu ployed in the internal leyesue M vce of the United States artt ary gas stant of such officer who shall embezzle O > iots fully convert to his own use uuj uu 1 < y or property of the United niea shall I be punished by n lire equal 10 thfc v4 re of the moncr embcsea or by In > Lsn mont not leti than thue norh o i n than ten years or ly l both jch Jiv < 1 imprisonment in the disc i1J of t iu court In concluding hs l artramcr J cja t nuide a pcrconal cpirai a it ti a it had been represented to tt Jat I u iIO 4 of justice at yjrb rgton Uw li Vas a personal enemy or Laia1 ll ht hi was using his office to MI a nnl > ro < Iity against him These icpcebcntatio Judge Judd assorted were made for the purpose of obtaining the United States attorney general consent toa continuance continu-ance of the case He was not aware of any enmity against the defendant and should the court overrule the motion n < n pending counsel asked his honoi to pass as light a sentence as possible After Attorney Varian had bedn again heard on the motion for an arrest of judgment the court overruled tilt motion HIS HONORS REMAUKS In pronouncing sentence Judge Marshall Mar-shall said that no doubt the conviction Itself it-self is a greater punishment to tnm de fendant than any sentence that might be Imposed by the court A suitable punishment pun-ishment is necessary in order to deter I others from committing crimes K Is I Impossible to treat it as a light o snot s-not only from the amount of the 0aZ zlement but from the charnctc and standing of the defendant In the community com-munity The court then ordeso1 tn < a bell be confined in the state prUq lot r four years Attorney Varian accompanied by his client soon after appeared before juC r I Marshall in his private chambers 1tI asked for a stay of execution and for bail pending an appeal lo the circus coat of appeals of the United States Th motion mo-tion was denied Cabell was then taken to the county jail preparatory to his removal to tho state prison Mrs Cabell was in constant attendance during the trial and has shown a true wifes devotion r Want to Intervene < In the case of the Farmers Loan and Trust Co vs Salt Lake and OgScn Gas and Electric Light I Co the petition of I the Industrial and General Trust mitcJ of London for the appointment ot a receiver re-ceiver was set for hearing yesterday before be-fore Judge Marshall in chambers but petitions pe-titions have been filed by the Intura tlonal Investment Trust and Mary Judgo and also by the S S Walker estate zii Walker Bros praying as owners of bonds of Salt Lake and Ogden Gas and Electric I Co to be admitted as parties In the cause and to be allowed to take such other proceedings pro-ceedings by way of cross bill as is nty essary to protect their rights as ownara I of bonds secured by mortgag and to join as parties in the motion flied a5 though each had originally petit oncd thy court Judge Marshall thereupon ave I till Saturday for filing counter afSiivits and continued the hearing until some future fu-ture date Suit Against a Surnty The suit of Wells Fargo Co vs j Emanuel Kahn was filed yesterday in the federal court Plaintiff asks judgment for 1455 a sum of money owed by Mrs Sarah Kahn In hose behalf tat t-at San FrancISCo on September J Ii5 had executed a written 2rrtee to plaintiff for a sum of money apt exceeding exceed-ing 20000 for overdrafts or indebtedness at the companys bank Judcmert was obtained against Mrs Kahn hut she fal ed to liquidate hence the pr sent suit against her surety I In tho second causoof action pailntft asked judgment for 20520 25 another indebtedness in-debtedness of Mrs Kahn which vas secured se-cured by a guarantee given in Colorado by the defendant Central Pacific vs Johnson The case of the Central Pacific U llroad company vs William Johnson e aliWas resumed before Judge Hallett yesterday morning in the federal court at 10 oelock and occupied the entire day Just before the close of the session Judge Hallcct announced an-nounced his intention to Instruct the jut to return a verdict in favor of plaJntu when defendants counsel askea to be heard which was grarXd and tha cort will listen to the argument this morni Witnesses were Introduced by the c fense showing the location cf the land the history occupancy by the defendant And the improvements that had been made on It The land is located in Box Elder county A Question of Water The Toltec Ranch company of San Francisco Fran-cisco filed suit yesterday in the federal court against James Mack Weber cotta ty and Thomas J AVheatly Box ruder county The plaintiff allege that it had come into possession of real estate in Box Elder county upon which a flour mill is located formerly operated by the de fendants who have turned from Its course a stream of water lowing from thp warm springs which furnished the pOI whereby plaintiff is damaged to the amount of S40 for which Judgment is asked and also the use of the ater for operating mill |