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Show EIGHTS OF A TOPER. HE IS AT LEAST ENTITLED TO A FIRST CLASS SIDEWALK. The Stockholders of the Salt lake City Railway in an Entanglement Mallachi Dillon Tells the Story of a Miserable Misera-ble Life Day's Docket in Court, "A drunken man is as much entitled to a good sidewalk as is a sober man, and is much more in need of it." This was the dpctrine, fired through the Seventh California, Ly counsel in the case of Frank Logan against Salt Lake City in which plaintiif seeks damages in the sum of 55000, to Judge Zane and a jury this morning. City Attorney Hall had based his defense on the tLcory of contributary negligence and set up that at the time Logan sustained his injuries in-juries in the drunk room of the city jail, he was very much under the influence of the popular Leverage. The case was in the bauds of the jury at noon today. City Railway Kutaiiiflemenls. Samuel M. Jarvis and Roland R. Conklin are the principals iu an action . brought against the Salt Lake City Railway company, com-pany, Francis Armstrong, Walter 1. Read, i A. W. MtCime, R. W. Chambers, Spencer j Clawson and Joseph S. Wells, in which plaintiffs ask for a receiver, setting up waste j and peril to an investment of 400,000 in company bouds. The complaint sets up that plaintiffs sue for themselves and in behalf of all other parties who may choose to come in as parties par-ties to the action. That on Jan. 26, 1ST-', its capital stock was $180,000, divided into 3000 shares, to be issued at the. rate of -.20,000 per mile for each mile of single track of railway constructed, which at that time was not to exceed nine miles. Iu 1878 the arti-j arti-j cles of incorporation were amended and also I in 18S0, at which time the capital stock was j increased to $1,000,000, dividided into 20, UM) I shares, to be issued at the rate of $:20,0:o per mile for each mile of single track, j iince the date last named no other, amendment amend-ment has been made to its charter, and be- ner once. This made me feel sick ajrain, and as soon as I became so 1 could talk, I told her she had better go home to her mother. I told her she could stay ia the houe till morning and then she must go. I went to see Pat. i ai-ked him if he could deny it. He said, ''no, my God, 1 can't; don't kill tne!" 1 told. him this was a charge 1 could not excuse him from, and told him he must leave tow n. Our business was in a bad 6hape " then, but I gave him ?300 and told him to go away. I could not, as 1 had my father and other things to take care of. Witness recited the trouble with his brother, in which ho shot him, his horrible experience with insomuia, and was on his way to San Francisco for treatment for pains in the head when he reached Og-clen. Og-clen. Had no recollection whatever of the tragedy linti) he was aroused in the city jail, when he thouirht it was a dream. Judge Powers jjave notice that the defense de-fense would introduce one of the truards at the penitentiary to show that Dillon had stated that he knew nothing of the killing or any reason for it unless that it was that he was dead drunk. The Church Cases. Although the typewriter had finished his labors and the findings as dictated by Judge Zaue in the church escheat caes were in print, District Attorney Vatian failed to put in appearance this morning, and it is not likely that ihe matter will go upon record uu'il Monday. Court Notes. Iu the case of W. X. and Elizabeth Cook against the city the) ury gave a verdict for jiiuumg wuu .iuiy -j. jrvsy, tne plaintms have from time to time purchased 3i?0 .-hares, U1G7 4-7 shares being held bv Jarvis As Conklin, -.'00 shares by Priscilla Jarvis, 10 5-7 shares by Samuel M. Jarvis and 10 5-7 shares by Roland C. Conklin. Plaintiffs set up that the company in violation viola-tion of the charter is operating beyond the city limits; that the number of miles is two and a quarter; that the cost of construction was $35,000; that there was no necessity for it; that it was through territory which the company knew was not profitable; that it has entailed steady losses; that a meeting was held in April, lbvtl, which plaintiffs asked to be adjourned until Mav, at which time A. W. Mecu jc, Walter P. "Reed, R. C. Chambers and S,oencer Clawson were in the control and refused to pass upon the request of plaintiffs that in 6o doing and in the subsequent sub-sequent ejection they became "parties to the conspiracy and plan for the conduct of the said corporation contrary to its charter and power and to the wrong and damage of the interests of the plaintiffs aforesaid?' That sinoa tne action of the board of directors has be-u without the knowledge or consent of tiie plaintiffs for the benefit of themselves , and against the plaintiffs; that McCunc, Chambers, Armstrong, Clawson and Read have conspired together to manage the affairs of the company to the infury of plaintiffs, and have permitted the liabilities of the company to increase to the present amount of $34,0i)0; that heretofore it was voted to issue bonds in the a raonnt of f 600,000, the fame to be secured by a first mortgage upon the property of the company; that to provide for the largely increasing in-creasing expenses caused by the building and operation of extensions, borrowed 100,-000, 100,-000, depositing as collateral $400,000 of bonds; that said indebtedness matured August 29 last, and being unable to raise the money, arranged with the bank that they might have $100,000 of the $400,000 of bonds released on payment of $50,000 of said $100,000 indebtedness, and thereupon the directors obtained $50,000 from another bank, the same maturing January 10, 18W, and deposited as collateral $100,000 of bonds, leaving the other ?o00,000 with the fir?t bank as collateral security for the payment of $o3,000 remaining unpaid of the $5,000 indebtedness, in-debtedness, which is due upon demand; that said company under its present management is not able to make payment of the ?:J5,000, and the $400,000 bonds of the company are in jeopardy, and if placed upon the market to be sold as collateral would necessarily be sold at a sacrifice, and the properiy lost to share holders. Plaintiffs further set up that the company has been greatly mismanaged, that the company's property has been iieg-lectod, iieg-lectod, that the expenses are increased to an enormous extent; that the books show that during May, 1800, the earnings of the road were $14,727.65 and the operating expenses $0513.18, making the net earnings $5213.47; while during May ls'.U, the earnings wire 21, 800.00, the operating expenses $17,4(K!.14 and the net earnings only $4400.70; that during dur-ing the four months from April 1, ly.to. to July 31, 1800, the total earnings were $66,-20.20, $66,-20.20, and during the same period in l'Jl, $88,082.10, an increase of $21,702.00, while the operating expenses in l.V.H) for the four months were $27,820 14, and in 1801, $71,517.-35, $71,517.-35, making the net earnings for the four months in "1800 $2,469.0, as against $16,564 for the same period in 1801, a decrease of $11,805.31, notwithstanding there was an increase in-crease in the gross earnings in 1S01 over the earnings of lS'.W of $2170. Wherefore plaintiffs ask the appointment of a receiver who shall be instructed by the court to save the loss of the $400,000 bonds held as security for $85000 indebtedness etc. Messrs Powers & Hilcs are attorneys for plaintiffs. Dillon's Story. In the Dillon murder trial the defendant was yesterday on the stand and told his story. He was born in Ireland and served five years in the army. Was discharged on the 12th day of February, 1880. Served in the Thoruherg massacre, the Cheyenne massacre, mas-sacre, was in the engagement at Tom's rivpr on June 9, 1S70. Was in Custer's Rosebud tight on the 17th of June that year, a few-days few-days prior to Custer's massacre. Was in the freighting business and quit that in the winter win-ter of 1885. Moved my parents from my ranch on the Platte river to Rawlins about a year before I quit freighting. Rawlins has been my home ever since. My parents came to me in 1S80. Did not know anything of my mother's health prior to that time as I had not heard from them at all, I met my folks at Fort Steele when they returned from Ireland. I was shown to them by the conductor con-ductor and when I made myself known to them my mother fell into a fit. It was the first time I ever saw her have one. She fell over in my father's arms. She usually remained re-mained in that condition from five to ten minutes. We got off the train at Fort Steele. My parents lived there on my ranch till I removed re-moved them to Rawlins. I often saw my mother in tits there, and she was subject to them until she died. Cannot remember when my mother or father died. Think my father died in 1880 after my marriage. Was acquainted with Ellen Fagan for about eight months before I married her. I was in the saloon business when I married. I was always al-ways temperate, and never smoked or used tobacco in any form until I went into that business. After my marriage my wife and I went to housekeeping. I always spent my evenings at home. Was very seldom out any time after 10 o'clock. My relations were affectionate with my wife up to the time of the trouble with her. 1 never suspected her infidelity at all. I was on the prospecting trip about three weeks ago; our parting, I believe, was affectionate. I discovered her infidelity about a week after I returned. I discovered my wife's infidelity about the Sunday evening after my return. I left my house, and my wife asked me if I would return re-turn early: I said I would. 1 came home and I heard someone in the house. I found her with her sister. I thought I would scare them by knocking on the floor, just for a joke. Heard my wife accuse her of going jato a caboose with some meu. She replied re-plied if she didn't quit taking so many men into the house Malachi would find H out an4 make trouble. When I heard this it made me feel sick: it made me feel as if I had stepped on a rattlesnake; that's the be6t way J can describe it. After my '"ife'a sister sis-ter bad gone I asked her who she had in the house while I was away from home. She said she would tell me if I would not hurt her.'. J told her I never had hurt her and I didn't intend to now. She told me that Pat Dillon had been there and that he seduced |