OCR Text |
Show j CODKT PROCEEDINGS. TiiiriUfstrie- Court, McKeaa C J Presiding. KOJITY-SIXTH DAY. Friday, Xov. 27, 1S7-1. nrt convened t 10 o'clock, a,m, n the introJuction and rerum-'nrndationoflion.J.(i. rerum-'nrndationoflion.J.(i. Sutherland John Douglas, E-q., 0f XCW York, was admitted to practice at the bar. David Sanderson rx. J. H Bcnnetti Whitney were .ub.tituttd forD.W. Perley, deceased, as counsel coun-sel for iddntiff. F. L. M. Smith appeared in court and through District Attorney Carey pleaded guilty to an indictment for" gambling, the crime having been committed at Terrace, on the Central Pacihc Toe defendant threw him-se him-se f on the merev nf the court, rprs-unplinR rprs-unplinR that he did not know it w' a crime to gamble in Utah, as such practice was licensed where he resided Nevada; that he had ceased to play and proposed to quit it entirely. The court lectured the defendant on the immorality of gambling generally ami of (he bad character of momv sharps in particular, and thpnfind him S:;00 and $00.30 coeta. The fine was paid. Cora Conway vs. Jeter Clinton. et- al suit for damages for the alleged wilful destrnorinn of pron-ertv; pron-ertv; Robertson & MeBride and Mr.-Curdy Mr.-Curdy & Morgan for plaintiff; Z. Snow and Sutherland & Bates for defendants; de-fendants; on trial hy the jury. A. C. Pyper was sworn for the defense: de-fense: Ho wa justice of the peace and police magistrate successor to Jeter Clinton, one of the defendant?. ; He was the custodian of Clinton's docket, which contained the enirv of Salt Lake City vs. Cora Conway," for keeping a house of ill lame. The docket was presented and the record of that C:ise put in evidence. Defendant De-fendant McAllister was citv marshal at tho time of the abatement of plaintiff's establishment. William Hyde, defendant, sworn for tli e defense. At the time of the smash-up he was a policeman and deputy city marshal, and as such was given the writ of abatement to serve against Cora Conway, Witness iden-titied iden-titied the original" writ. wlnVli n-..o shown him and which was introduced in evidence. He executed the writ as he understood it. Neither McAllister McAllis-ter nor Burt was at Cora's during the abatement. C. Crow, who was' also a policeman at that time, assisted in serving the writ at witness' request. Crow was the only person, excopt Hyde, namcl in the complaint, who was present at the abatement. Witness Wit-ness gave an account of the smash-up, smash-up, his story being the same as other witnesses. When witness went to plaintiff's house, he instructed his posse to demolish everything found there which was kept for the purpose ot prostitution: he thought everything every-thing used for that purpose was demolished. Cora was not at home when witness entered the house, but she appeared shortly afterwards and offered Hyd- $-500 if he would desist. de-sist. He told her he could not, but must obey the law. About the close of the breaking Cora told him there was a bureau in which were some money and jewelry. He told Crow to remain in the house and help Cora to hunt for the lost property. Before the ' demolition commenced witness told the girls to select out their personal property, and they did so. Cross-eximined Andrew Burt was chief of police at the time of the abatement. Witness received the . j vuuiuu, uiiii tut latter gave no instructions aside from it. Witness did not remember thai he and Bui t had any conversation about the execution of the writ. There-were about eight or ten men assisting witness in serving the writ, and they were engaged in the work of demolition from half to three-fourths three-fourths of an hour. Ho placed men at the doors to keep the crowd out. When witness went to serve the writ he left Cora at the city hall, but he did not go direct to her house; supposed sup-posed she had had time to get there before him. He commenced the work of destruction by demolishing the furniture in tiie kitchen. The writ commanded him to destroy everything every-thing in the house used for the purposes of prostitution, and he considered the kitchen the " running gears " of the establishment. Hntcliets and Knives were used in demolishing the furniture furni-ture and ripping up tlm carpets. The persons who assi.-ted witness, so tar as he could remember, wcro Charles Crow, Charles Livingitou, Alfred Sol-oman, Sol-oman, J. Y. Smith, and W. G. Phillips, Phil-lips, all policemen. Charles Crow sworn for tho defense. He wa1 one of the p irties who assisted assist-ed in abating the plaintiff's establish ment. He and others oj the posse did all they could to aid the girls lo preserve their personal effects. After the distruetion ot" prop rty was over : he assisted Cora to search lor nomf money and jewelry which she said had been lost. They found two rolls of greenbacks, a diamond brooch and' a diamond earring. She said snjne of the jewels were misiiivj: from the last named article, but did not complain that any of the money was gone. Witness understood at tno time that she found all her money and jewtlry. The cross-examination of tb.13 witness wit-ness elicit d nothing new. - The defence introduced the original complaint made before justice Clinton, Clin-ton, charging Cora Conway with keeping a house of ill-fame, and then closed their testimony. The plaintiff's counsel moved to strike out all documentary evidence introduced by the defense. Motion objected to and overruled. Cora Conway recalled by plaintiff in rebuttal. Utio said sho did not think of her money and jewelry till Hyde gave her possesion of the house, alter evervthmg was broken to pieces. She found her jewelry and a portion of her money, but a $i0 bill was missing, and the earring was broken as before described. Testimony closed. 'I he court announced an-nounced that ho would allow each side an hour and a hall in the morning morn-ing to sum up before the jury. Court adjourned till Saturday morning at 10 o'clock. |