OCR Text |
Show We will bo pleased to introduce to hia Kxoullonoy, tho Governor, a delegation delega-tion of worthy citiions frouillioh county, coun-ty, in this Territory now in town, whoso ! cutire crops wcjro dostroyed during tho 1 past season by giaihoppcrd and who are hero socking employment to procure pro-cure bread for themselves and families. As the grasshopper question ta a hu?o juke fur hia Esoclloncy, that it' magnitude magni-tude may bo in part appreciated, wo beg to inform him and tho publio that , niuciy per cent, of tho entire oropn of j that county woro destroyed this past i season by tho scourge. That county ! basin tho past largely supplied Gilmer I & Salisbury's northern stac lino with ; prain; this hoaeon it was not onlr una- j bio to do so but has to buy seed olso- where. Hii Excellency must havo a ' jovial dispostion when ho can enjoy as a frgi tbo misery of a largo portion of r4fc0v.q tho Territory of which , he WCOvyiMor. I THIRD DISTRICT COURT. McKEAN, 0. J., prosidiitf. Monday, Nov. T,, IbTl. Varioua motions ut' no public importance import-ance wro mado. In the case of tbo People v. Hiram B. Clawion, Mr, Mann, of counsel for defense, stated that he had filed a plea of abatement and desired the bail of the defendant to be fixed at $5,000 as in the previous Bimilar cases. Prosecuting attorney Baflkin obtained leave to have Lewis Meacham released on his own recognizance in the sum of $500 to appear aa a witneas In tho Yatea murder oase. ! lr. Wing, who had been cited to appear to thow cause why he absented , himaelf as a member of the grand jury, stated that he was Dot a resident of 1 this judicial district. The fine was remitted. re-mitted. Mr. Ba.kiu moved the Harriugton , murder cae. Mr. Huggan, for the ; defendant, desired a delay, as ho had not been able to qud.su It his client, whom it was expected would be brought from Camp Douglas thin morning. The caso went over. Mr. lleiopstcad for tho defense entered a demurrer to tho complaint in tho case of Georgo L. Turner vs. Brig ham i'oung, being an action lor debt in tho sum of $3,000, on the ground that the document is vague and indefinite in form, and fails to meet the requirements of tha Territo rial oodo in plainly and specifically ; statiDg tho facts which constitute the cause of action, ho that it can be understood by tho ordinary mind; also that each causo of action bhould be separately stated. Mr. Gilchrist for the plaintiff contended con-tended that the common law powers of the United States courts rendered this a good plondiup, and quoted the code to show that tho items of an account uced not appear in the pleading; but may bo furnished on demand to tho other side. The judgo sustained the demurrer. Tho complaint was not .sufficient. While it was not necessary to set out all the items, the time when and (he placo whero work is rendered and money expended should bo stated. indefinite time was asked tor to confer with the clients. Mr. Maxwell asked to havo tho criminal dookct called. The jidgo said any cases might be called by the prosecution, prose-cution, and tho attorney called the case of the Peoplo r. Brigham Young. Uo Baid that tha prosecution were ready for trial. Mr. Hempstead announced that in the cases of Hosea B. Stout and Wm. B. Kimball, for "murder," and of Hiram B. Clawson and Ormus Bates for "lascivious cohabitation," the counsel coun-sel for defense have filed pleas in abatement, and would have those oases take tho sama course as previous eases. Maxwell again asked to tako up tho case of Brigham Young. Judge Snow requested that the prosecution pros-ecution should place on file their demurrers de-murrers to the pica in abatement in the case of Stout, Kimball and others. Mr. Maxwell thought the court had better take up tho oase of Brigham Young. Mr. Hempstead gavo notico of his intention to filo a motion to quash the indictment in the caso of William Kimball Kim-ball and Hoaea Stout. Maxwell asked the court to fix a time for tho trial of Brigham Young. Mr. Hempstead said ho had nothing noth-ing to add to what ho had previously said. They would bo ready for trial of tho case at such timo as the court shall fix; but their client was 300 miles away and they would ask as long a tiina as the court could grant. Baskin said he should insist upon the default of tho recognizance. Judgo Snow said the counsel for defendant de-fendant would only ak a reasonable time to bring him here. Baskin I insist that I am now entitled to a forfeiture ot tho bond. Mr. Hempstead said that if the ccntloman was really honost in his desire to havo tho Ibrlciture of tue bail of tho defendant, ho (II.) could uot believe it was for the purposo of having it heralded to tho world that Brigham Young had forfeited his bail and fled from justice. Tho counpol reviewed the ineffectual attempts whioh the defense had made early in the term to have a day fixed for trial. No bail had ever been forfeited under such circumstances. circum-stances. No defendant is expected to appear in tho court room from day to day to await trial. Tho forfeiture would be unjust under such conditions. con-ditions. If tho court could not continue con-tinue the case until the March term, tho defense would ask for a day to be ! set as far iu advance as possible. Baskin contended that tha bail had been legally forfeited, and that this i case should bo treated by tho same rules as any other case. Tho defendant was bound to hold himself within the jurisdiction of the court, but since the indictments fur several murders had been found against him ho had disappeared. disap-peared. According to his counsel's statement ho was .100 miles away, and he may bo out of tho jurisdiction of the Territory. Ho had not only technically but literally violated hia bond, and tho forfeiture was asked because it was legally right. Tho court cannot take tho word of tho counsel to account for tho absence of a defendant who has absconded. Tho counsel baa no legal right to adyiso a prisoner to leavo tho jurisdiction of tho oourt. Tho prosecution would bo ready to open up tho default when tho accused shall appoar and purgo himaelf of contempt. con-tempt. Tho judgo said ho would not grant tho motion, but would fix Monday next, l)cc. 4, at 10 o'clock a. m., as tho day for tho trial of tho case. The counsel for tho defendant said they could not probably bo ready at that timo and asked for two weeks. Tho defendant oould not be brought to tho city in a week. Tho judgo Bald tho counsel should have considered theso things before, and out off all further objections with tho remark: "The day of tho trial has been fixed for a week from to-day." Th oourt adjourned till 2 p. m. AtTEiiNOON Session. On motion of Mr. Hempstead, tho argument to quash the indictment of Wm. Kimball for murder was postponed post-poned till this morning. The cotjrt then proceeded to the transaction of civil business and adjourned ad-journed till this morning at ton o'clock. |