Show DEMUR TO BOODLE CHARGE haaken and others plead technicalities SUBMITTED alleif allege that thies charges art are 3 improperly combined tn in one on indictment cahoon and bomberger bamberger euter enter pleas of not guilty AC ivins and frank francis arraigned tor assault ot other her defendants up 17 A demurrer to the joint indictment against martin frankel fray hayk kel agent ot of toe the andrew furniture company and ex selectmen herman damberger amberger 33 joseph n morris and J P cahoon wherein the defendants al aie e charged with a in misdemeanor la was argued before judge wag king in the third district court yes berday afternoon the indictment charges in brief that the defend defendants defendant an is conspired combined confederated con federated a and agreed together that hayken should cell bell to salt lake county worth of furniture tor for ta the is joint city and county building tor for the sum of with intent to defraud the county out of the sum of it Is 13 also charged that bamberger morris and cahoon were paid divers large turns jums of money by haiken in pursuance of the conspiracy entered into TECHNICAL DEFENSE le in the opening paragraph of 0 th the ain indictment it Is 19 charged that martin hayken bayken herman bomberger bamberger J IL morris and J P cahoon prior to february 1 1891 were the duly elected qualified lubliner lUB lined and acting selectmen of salt lake county and although in succeeding paragraphs the selectmen imen were ape civically designated tho the defendants demurred upon the ground that it was uncertain taJ n and ambiguous us as to which three of I 1 the he persons peri ions named were the selectmen of salt lake county upon the date set bet out it was also alao urged that tho the indictment charged three distinct felonies viz the offer of a bribe to the selectmen by ilay haykin ken the acceptance of 0 a bribe from hayken by the selectmen and the obtaining of from tile the county by false pretenses in this connection it vas as contended by the defense that the three offenses cs could not properly be joined in one indictment and that it use as impossible tor for the defendants to ascertain upon n which one of the charges the they y w were cro to be tried it was further hinged in bed that the indictment contained matter mailer which it if true would constitute a bar to th the it prosecution ec in i lew of the tact fact th that a it showed upon its face that the conspiracy was consummated and that the crime of conspiracy was merged into the alleged felony 0 other t her grounds or of demurrer were also set up but while they were insisted upon they were not argued the demurrer was argued by W 11 I 1 dickson and joseph I 1 L Itaw hawlins lins fo for the defendants and by C S varlan varian for the prosecution after argument the matter was submitted CAHOON AND BAMBERGER ex selectmen john P cahoon and lierman herman bamberger Ba appeared in tile th third district court yesterday a afternoon and entered pleas picas of not guilty to the batch of indictments against them wherein they are charged with felo felonies in connection with the furnishing of the joint city and county building J R morris was not present being absent from the city on business and by consent of the prosecution it was ordered ardi red that mr air morris should a appear and nd plead upon ills his return the name of councilman joe joseph eph M watson also under indictment tor for felony v as called but mr watson not being present was given until tills this morning to plead other defendants were arranged as follows OTHERS ARRAIGNED arraigns D A C ivins ivans and frank francis Fr ancla the litter latter a special correspondent 0 of f the san ban francisco call were arr arraigned a ignec upon a charge of assault and b battery a to have been committed upon the person of james maclaren on october uth the defendants erit entered ered pleas of not guilty william benee a little man with a red mustache and hair bair to match cams came up smiling and was givon given until tomorrow to plead to an indictment which charges him with having attempted to kill one charles 13 smith on september lath C A larsen charged with assault with criminal intent and james sullivan charged with mith housebreaking did not respond when their names were called and were given until 10 this morning to appear and plead should they tall fail to materialize this morning their bonds will be declared axed forfeited LAWYER NELSON ON TRIAL M Mare marcellus ellus nelson an ex member of the salt bait lake aar bar was placed on trial in the third district court yesterday afternoon on the charge of grand larceny it to Is alleged in the indictment that N nelson elson stole etole a gold cold watch and chain vain valued d at 95 from axel augman on september september Nel nelson sons defense la IS that ho be do it after the examination of 9 a number of witnesses tor for the prosecution the hearl ing was waa postponed until tills this morning U nelson Is being prosecuted by judge howat and defended by judge cherry NEW SUITS FILED richard J X mulvey has filed an action against charles H lewis et ct al al to collect almo ISOO on a promissory note secured by a mortgage the salt lake building manufacturing company has haa begun suit ault against johannes halverson Hal vereon to recover 2140 on a r prom leeory note hv IV ruller fuller filed an action against oscar groshell GroB heIl yesterday to fora tore lose close a mortgage given to secure a brolle promissory i I 1 abory note tor for william P F colton et al trustees are suing james jensen et ct al to collect 1300 on a promissory note secured by a mortgage william adamson lias has been ordered to show cause on november why lie he should not be punished for contempt ot of court for failure to pay certain temporary alimony to eunice C adamson his wife who to la suing him tor for a divorce on the grounds of failure to support the order tor for the payment of the 0 alimony was made on september MIX HEARS brears THE HAGUE CASES judg 0 king reached salt lake from provo at 2 yesterday afternoon and will tit sit tn in the third distri district C t court t W while 11 lie judge lil erritt Is hear hearing nc the hague embezzlement cases amses in the first district court at provo prove I 1 it Is not known when judge Al merrett erritt will return as 09 it la Is the int intention antion of the prosecution to try sir mr I 1 lague hague upon each of the various indictments returned against mm him which will auf a wk wadic wr n IS tn d c YS time in the 11 sat of t john jh Ity rat Shai 94 tn ith i intent to raps Maxa amral lial 1 dingham hazill wm was ordered yesterday botro to 1 t a conveyance tor for a tick sick witness and awe bring her 1 into court cou at ig 0 ocl clock cl this t ing ming COURT the 60 charges of 0 1 against r 1 sa D Cl berson the mounir book agent etui a lo in commissioner platta court yesterday on motion ot of flit prosecution jj J assistant Al tant united states attorney rycharda la Is attending court at provo alili week the coke club will reorganize thur day evening and moet meet once a week in the supreme court room during the winter months |