OCR Text |
Show li-SSONS jNTIIIi LAW An American Fork Case Takes the Lead Eefore the Supremo Court Jua-tioos Jua-tioos at Today's Sitting. TEEY CRY FOE MOEE WATER. Dull Day Before United States Commissioners Com-missioners O.implaiut Ajainst an Ogden Jurist, The territorial supremo court convened con-vened on schedule time this morning with all the judicial constellation present. pres-ent. Legal talent was abundant but was not divided among many of tho devotees of the fine art. There was Judge Judd, Judge Rawlins, Assistant United States Attorney Critchlow, Judge Sutherland and several others who tarried long enough only to fix some former' motion ' and to then depart. de-part. Tho most important issue of the day was the case of Herbert Bates et al vs American Fork city et al in which the plaintiff seeks to set aside the action ac-tion of the lower court that instructed the jury to flud for the defendant. The briefs on which The Nine Submitted set forth that Camp street is one of the principal thoroughfares of American F'ork. Several years ago this street was extended through to what was at that time the edge' of Ut h Lake. In 1887 the waters of the lako had receded until it left a margin between the water's edgo and . the terminus of the street. Upon this strip Hate and others planted them -selves and erected a bowery and bathhouse, bath-house, to the uso of which they charged the public. Presently the city of American Fork ordered them to clear the tract, but the gentlemen didn't clear, and the marshal was ordered to execute the mandate. With his myrmidons myr-midons he proceeded to ra.e the building build-ing to the ground, and A Suit for Damage was instituted by its owners. Judgment was rendered in their favor and a new trial was had. Again judgment was awarded for a less amount. Judge Hlackburns attitude in the case is said to have been very pronounced and he having instructed the jury to find for the defendant the verdict was set asido. Theappelants over that the verdict was returned in contempt of tho courts instructions and consequently void. The question was submitted without argument and upon the briefs. The Hanreck Appeal, i Arguments on the motion for a new trial ' in the case of the People vs Hancock, convicted - after thirty years of murder in the second degree, having been .concluded the case was last evening submitted to the justices who took it under advisement. The matter is being watched with much interest in-terest by parties who are interested upon one side or the other. Thr Want Water. In the case of Brlgham Stowell et al., vs. Joseph E. Johnson, counsel appeared ap-peared this morning and appealed ap-pealed for more water. It stated in dry and thirsty eloquence that the decree of the lower court that gave thera right to tho use of the water in Conheld creek in tho summer time was all right right as far as it went, but it didn't go far enough to covor the exigencies of the hyperboreous solstice. The matter wassubmitted. The Commissioners. Through United States Attorney Varian, a petition has been filed for the scalp of a United States commissioner who dishes out law to the litigants of Ogden, and against' whom it is charged that he is introducing too milch of the cold-blooded mercenary element in tho mill. The petition is in th hands of the supreme judges who have concluded con-cluded to take it under quiet consideration consider-ation before disclosirg the name of I he respondent. " lie Punched Hli Head. Joseph Gilbert .was arraigned before Commissioner Greenman this morning on a charge of , having assaulted Chas. Jeheske, a disciple of the blacking brush, with whom he recently collided. Jeheske had opened the new year with a Hash calendar which he held with considerable pride and fays th.tt the defendant de-fendant borrowed it. Taken to task Gilbert denied having tRken the article and resented the insinuation that he was a thief with a pile driving blow that sent the bootblack to glass and put a shine on his eves to which the last he had put on his customer was not a marker. |