| Show MALACHI DILLON AFFIRMED I 1 the so supreme coort sustains tle lower court in ia that case THE HARDY ALSO AFFIRMED nester report in this Efie beat cases will no do Consi lorod lt at ohp juno june no anderson court conr today too to day O ir clork cleric ile ilc cua the ito school tux tax refunding today slid and notes 1 it being it a legal holiday there will be ba DO 00 kimlon L salon of jude Ande An derona rions court to today tobay day tile tho supreme courtr court yesterday adjourned ocran tam ute air supreme court the supreme court of ill tho 0 territory of utah mot met lit session tit at 20 yesterday day chlof justice zone zano and ADI guv ex minor or aldemon and blackburn all being pretcul pret pre cut there were a large number or of attorneys present who listo oed etten to lo the reading of the numerous do offous that wore were handed down chief jus I 1 zone announced the iho reneo atlon of stites william 17 snelling of logan lagan and the ibo appointment vt of E E dudley of bt provo and john n B header so As s united states u D UT STILL COLLECTOR thai first decision read by justice blackburn wan in tho the case of die abo people of utah butali waltor ev ct ret rel vs v leonard 0 hardy with costs tho the judgment of tho the third district court the tha declai cn tile iho title of sir mr hardy to the ibo office of collector of SnIt Lako Lake county on oa the ground that tbt iho election of A L williams in august 1801 1891 was not dot valid Us 9 bo be was not elected at the ibo time tho the provide tor for mush oleo eions lai in the course of abe the decision justice blackburn said bald thu tiou arises was tho the of I 1 Will laon lu in august sod aad tho the elec election tisO of fit hardy in fo august slid and augusti NO authorized by IA IAH was wa there SAY any V a caney I 1 ta this ahl 0 me 0 lu a june 1891 2801 that could be fillod filled except by an election clo cllon hold la in august Auf fUit V or by of the county court section 2015 of 0 clio compiled 0 laws of utah oreatus tile the office of co collector hector and provides that lo he shall bo be elected at the general election elo cllon in slid nd biennially thereafter ihal abts boroi shall be for two years land and until his bli aluce or ball bo be duly elected or appointed and qualified fled that ho he ball enter upon the duties of at hill on ibo clio ani of juno following isho hi else doc ties under this section t the be elections for collector are held in n the evon years sod add he be enters upon his bli duties lo in tho the odd U U ill beirod berod years M N V jones jonca was waa cloried C Collo olor in august JIM and august Auf fust tl r esig aing both terms in november miles the ibe county court appointed blardy to fill 1311 both iho clio long and short terms no wits 0 I 1 eted to the position jo in august 1657 1687 in atud of august 1966 1889 as required by the section quoted tho the failure filauro fil luro of the ibo people to elect a collector Colli ictor at al the proper general does not affect burdys term or of office god ho be fluids over until his successor is 1 duly elected or appointed and aad qualified the case will bo be appealed to tho the united states supreme court TOE MALACHI HALACHI DILLON DILI OS cabe considerable Into root was aras slue when chief justice zinc road read the title in abo caso of tho of laub 6 W dillon febo was tried for murder found guilty of voluntary manslaughter and xon son denood to alas oar lit in the PenItent penitentiary lary mars the abc deculin dec beels llin Q a 11 q aito cog and treats the iho do lomas of lo insanity sanity exhaustively it goes on to state the homicide was established by tho the prosecution without any evidence to reduce the ibe cillina to manslaughter or to justify or excuse it tho the defense relied on lus luno olty salty ns as u n lofano lo feno and offered evidence to provo prove it and tho the prosecution offered ovI evidence deace to disprove insanity and provo sanity baturo ibo jury was vaso charged counsel of the respective parties salil said to tile iho court that they regarded it as aa proper to charge the jury upon law of as aa well as upon the ibo law of murder but the ibo same counsel now insist that if the defense ot of inor anay salty was wag not proven t the ile evI evidence dance slowed the defendant guilty of murder and that abat there was iraj no evidence to support a conviction of tile the jurors may have bell lell wed ved that clio conduct of the defend defendant aaa rolled relied upon as aa insanity was wu referable to evid evidence once of which web offered lit in the trial that big hi inlow was as 60 affected with liquor as to ratib a gousou ablo his doubt of the premeditation pro mud it at ion to murder it the killing was intentional and on unlawful larr aud and wholly from passion fathomed by add frum from an imaginary I 1 0 quit and without to malice ho he was guilty of voluntary mae slaughter and wo we are not prepared to hold chat there wa wail oo no evidence of such a state of mind ul at tho the time of the fatal injury Furt further ber tho the jury having found tho clio issue of insanity against the appall appellant appo llant atit his counsel cannot be board to complain because ho be was not found guilty of murder of the court charged tile tho jury that thai the do dea fondant rolled on insanity as an affirmative defense and that the burden was upon him to prove it by a preponderance anco of the sol evl deuce to tho the to the jury of ibis legot legal proposition the defendants excepted the law of this territory Is li upon trial for reorder the ibo commission of the homicide by the iho defendant being proved tile alio burden or of of miti mitigation gatlon or that justify or expose lt it devolves devolve son on him blin unless tho the proof ou tho part of the prosecution tends lends to that tho clio crime only mounts to man slaughter or that the defendant was wan jubal faalilo or excusable the authority of the abo legislature to enact such a law IN im undoubted the intent 1 li 1 manifest foat thero there Is no room for aud and the courts in not respect the abo law the obvious intention of the legislature was that proof of tit the killing without ovi novt dance of or that tends to justify or excess it lui poses upon the thu the burden of furnishing such proof it itt IS easy to io mascor Lain exactly ibe be relative weight of material wage but bul it Is nui so 0 easy amsy to compare tho the weight of evidence on addda of un but nevertheless the law makes it the duty of courtat and jur jurors re in tile tho in restoration resti ration of truth to ras oft no cortale lain the relative weight of proof on opposite 9 its sides of me an issue with such certainty me ail the capacity ortho of them to it the prosecution offers as much evid 0 c 0 of y as the dofoo dant dons does of inman Joaa olty 1 t y the proof on the ono one bide balances bulun coa tile proof ua on tile other nod the presumption of sanity beyond IL at reasonable doubt hits no ev evidence ide n ce to against it the evidence of insanity that of sanity offered upon lb the issue there ila li no proof to counteract tho the of sanity bandy boyone a reasonable doubt before may ady evidence as to inthy the ibo lw law and it the evi donao ut of clio prosecution without that ties equals tho the evidence of tile defendant it la Is tit n though to po evidence had been offered on tile the issue und and tho the presumption or of sanity beyond a reasonable doubt remains rem ilni the rule doe aloes not net require requiem tho the oo 00 of 1 in louo 1 I liy ity to preponderate over both t ibe be my eyl linc no of sanity arid tile loul legal of eau ity fly considered together toRe ihor it simply requires tb abo evidence of tu to exceed that given alveo of and that eliat excess counteracts the presumption of the law lair to tile sliest of raising rul ilni it L reasonable doubt of sanity the difficulty daloli eliy Is to compare the evidence upon the th issue given on OB one alile of it with the evidence given on the other and distinctly from the presumption of US tie law and to discover whether therb 14 liny ary excess to la favor of at insanity to ralan raise a reasor ablo able doubt daub of we ibn allty sanity it hint t t be law lateria tile hie jury cannot acquit tile ibo defendant bo be caubo or of instantly unless bulc tile evidence upon tile tho issue preponderate against sanity the charge in ID this case cohu WM was a it correct and the court nods no errors jude 0 of I 1 the lower court in aUr nicil J bastice D A audubon de r io n concurs concur tied and justice blackburn I 1 orinus james croli via v IT II P I 1 gelburt ot nl at tip appeal from first district cone caun judgment 1 reverted and eun causo a by justice blick b a r aa liar Kness wyman v vs J R mc claut apponi I 1 trout frota ila flroa t 1 court J judgment d e lit appert illar mod opha opinion aon ily by Black john jobs wary warr VB ve jullet julla rion flon cok judgment alli rind opinion by justice jubilee blackburn idaho insurance I 1 company vs Fir Fl romena emens L und company Jud p 0 o versed and now new trial ordered or lc sd opinion by chief justice zone zinc J IV W smith Ns thomas mcevoy find alms alma IQ ii indall appeal fecal thaid bistrim court judgment ind and decroo of court lt at firmed lilt hh cost by bv jamaica hiler 0 H S rill ellla vs VH W 11 1 parke r and 11 betsa char fr uj third district court findings und and deprest of court an aff irinod irined with costo opinion jl lIo by judco miner mine godbe pitts drug Coni puny vs john jobs r allen alien appeal front frodi third district district court I 1 j judgment aa by br minor mry mary A lons loni vs citizens national Nall onil rank et t ill judgment opinion by justive justice blackburn frederick frederck covens TS sidney stevens aM rued opinion by chief justies justice I 1 zone jolin john A taylor TI ro M U it buford et tit ind C ment opinion by justice blackburn artus TS ta rien sant grove C city ity judgment atUra iod opinion by chief jud ju ties zane yane chilton administrator ote ole vs TS U P IS tl IL judgment affirmed opinion by chief jumble zone UNTIL JUNE by consent of counsel tho the bearint on the exceptions to 10 the report of ill astor in man cory cery loofbourow on oil the es cheated prop urty orty ot of the church of jesus christ of 0 latter day salute went over until the june toria judge Jude jonn Joon A Mara mariliall liall attorney atto roey for ro colvor lawrence of the church of jesus cyrint of day saints filed u M paper with the court lit in reference to tha payment of taxes on certain property prop ariy 6 5 i nad NOTES J goorno A burres was waa admitted to ties before the bo sopronio Su rad court yesterday tho of vs union railroad nall road nod bod taylor tailor vs va buford will be taken to LO this united mates supreme court deputy united states marital ab dyer 1 to down clown fill the ramones clerk cloran 11 0 mcmillan of the third dla arlot ariot couri will today lody to lo dy day repay the iho illegally levied school va tz lio ile hus has mad mado out some 0 1500 checks no iio small job in itself aad od the amount involved Js 14 over 3 2000 1 joseph Dil dilworth of provo convicted of adultery was yem erday roi eAsed from CUR clio tody cody so oo taking tho the poor debtors oath before Commis groceman Gro Groo cuman nanan robert swift and cheshire charged with disturb log tho the peace were discharged by stoner Nor corroll roll martio Fue fudell ell john jobs livingston nathan nat bin F newell atud william 11 I 1 llor auvo dhave cash brought til ought suit ault ag Alost jerome Wil ilams and emma A for falso false arrest and on march carob 22 1891 asking 2500 dar karnages nages the abstract of judgment in the no of william lewis A co vs lit ai I 1 E harlan oo 00 was iras filed yesterday with clerk mcmillen the follo ing antho in tho third district court yesterday earlo foundry machine company Compi oy vs va jot jamba me M kennelly first national bunk of cantril I 1 city a JelTo Joffer ryu siou 51 31 howell lima works vs Ts utah central railroad company ella shafer vs VH samuel williams walli toia NY E ill thoun vs F miller said joseph joaeph aimon vs fc missouri river railroad and chicago cago burlington ik quincy railroad Ball road c IL rn rea dorod derod judgment yesterday the utah N bank la in the ca cof oo the abe utah national bank vs 0 M brown bross alsy heard board the testimony and ana tendered juder aral nl the defendant tor for 1 la I the iho case of W r vs va SI C also board tho the teut testimony lamny and ren renderos derod agia L abo e defendant for 1 la abc be ciao of james haium areas vs matilda burge tile tho day was iras occupied in the two tiro cases last mentioned |
