| Show ASKS HEAVY DAMAGES A D McGuire Sues James Hegney and J FL Foulks FALSE IMPRISONMENT SUIT Claims That His Arrest and Confinement Confine-ment on Charge of Defrauding a I BoardingHouse Keeper Was Caused by the Defendants nnd That the Loss of His Position Humiliation I Humilia-tion and Disgrace Followed IFoulks Denies Taking Any Part in the Proceedings A D McGuire flIed a 1012750 damage dam-age suit against James Hegney and John Pv Foulks in the Third District court yesterday for alleged false imprisonment im-prisonment McGulrc complains that on December 6 1901 the defendants obtained from Justice Kroeger a warrant war-rant for his arrest the warrant being obtained by the filing of a complaint by ITegney and by the instigation solId tatlon and procurement of Foulks the charge being defrauding a boardinghouse boarding-house keeper McGulrc then alleges that he woe brought back to Salt Lake and Imprisoned In the county Jail one day and night after which he was released upon his own recognizance On January C 1002 It is further alleged the case was dismissed by the County Attorney neither of tho defendants appearing ap-pearing to prosecute In conclusion McGuIre says he lost his position with the Rio Grande Western as a result of his arrest and that he has been disgraced dis-graced and humiliated to his damage In the sum demanded ur touiKs said yesterday afternoon that he had nothing whatever to do with the arrest of McGuire According to Mr Foullws statement he had loaned McGuire 20 with which to bring his wife to Utah and later he was informed in-formed that McGuire was trying to borrow money from other persons for the same ostensible purpose At the name time Mr Foulks says he was told that McGuire was preparing to leave the city He then went to the Albany hotel to Inquire after McGuire and learning there that ho was expected ex-pected to leave l the city Mr Foulks went to the depot to locate him There Mr Foulks sa shl > met James Hegney Iwho was also on the lookout for Mc Guire and after tho gong rang for the departure of the train McGuire came out from the west side of the track and was stopped by Hegney who collected col-lected 10 on account of his board bill at the Albany McGuire then went away on the train air Founts says and later Ilegncy swore to a complaint against him and he was brought back to the city by the Sheriff Mr Foulks Bays lie had nothing whatever to do with the proceedings taken by Hegney QUESTION OF WATER STOCK Judge Hall Held That It Was No Part of Land Transfer The question as to whether thirty nine shares of water stock valued at 525 per share belonged to theestatc of Peter Johnson deceased or to the widow personaIlY 6 ec pied the greater part of Judge Halls attention yesterday yester-day A good many years ago Peter Johnson married a widow who a short tIme later gave birth to a son by her former husbanl 1 At a still later date Mrs Johnson bore a second son In whom Johnson could claim a half in tcresL Johnson appeared to view both the children In the same light and when upon his deathbed told his closest friend Andrew Shulsen that he desired to leave all of his property I consisting mainly of a farm in South Jordan to the two boys Shulsen according to his testimony before 1 Judge Hall yesterday drew up a transfer of the property to the wife Instead of the children and Johnson I signed It by his mark just before his I death and without having it read to I him The thirtynine shares of water I clock however were not mentioned In I the transfer and recently a question has arisen as Lo whether It went with the land or was a part of the estate Tho moving party in the matter is the son of Johnson who is the only heir at law aside from the widow The son I also complained that certain other pcr Bono I property had notbeen inventoried I Inven-toried and Joseph Oberndorfer the administrator was ordered to show cause why it had not been included Mr Oborndorfsr confessed in court yesterday that he had never visited the farm and did not know anything about the personal property aside from the water stocK except what he had been told As to the water slock however he rook tho ground that it went with the land and belonged to Mrs Johnson It came out during the hearing that Mrs Johnson hnd hypothec hy-pothec led the stock to F E McGur rln She has also mortgaged the land Judge Stewart held some months ago that the transfer of tho land from Johnson to his wife was valid When the testimony had been concluded con-cluded before Judge Hall yesterday nnd the matter argued he held thai the water slock was part of the estate and did not belong to Mrs Tohnson under the transfer of the land < Court Notes May Brooksbank yesterday filed an action for divorce against her husband hus-band Sam Brooksbank a Rio Grando Western fireman Tn the case of the Commercial National Na-tional bank vs H P Mason Judgment has been entered In favor of the plaintiff plain-tiff for S4SSG77 with 150 JIH attorneys fees feesKosalind Kosalind Hewitt IrwIn F Perry and William Lindstrum charged with con nplracy entered pleas of not guilty In the criminal division of the Third District Dis-trict court yesterday JudceiHall has granted a decce for the pSFnllff In the divorce case of Mary JT Davis vs James U Davis Failure Fail-ure to support was the ground upon which the decree was entered George W Keel receiver of the But terflcld Mining company flied a petition peti-tion In court yesterday asking that ho be allowed to sell certain concentrates at the companys mill The petition was granted by Judge Hall B Y Goldlne took the oath of office of-fice and flied his bond asDeputy Constable Con-stable for the Fourth precinct yesterday yester-day in the County Clerk odlce The bond Is for 5500 and the United States Fidelity r Guaranty company Is Eiiiety 4 laanc Cline filed a petition in tho Probate division of tho Third District courL yesterday asking the probate of the will of Israel LJpsltz who died in this city on Doc 3inbor 13 1 1301 The estate es-tate Is valued at 511109 and is bequeathed be-queathed to various relatives of the deceased In the cose of Maggie Hoagland against Frank Houcland In which the plaintiff the former wlfo of tho defendant de-fendant sought to set aside a decree of divorce secured by Hoagland In Colorado Col-orado Judge Hall yesterday rendered judgment in favor of Holland This was the second trial of the case the former Judgment also having been In favor of the defendant Rose Artn Poll was granted a decree of divorce from Frederick R Poll by Judge Hall yesterday upon the report of Deputy Clerk Eldredge who heard the testimony The parties were married mar-ried thlity years ago and the testimony testi-mony showed that Poll had failed to support his wife for more than a year t Under an agreement between pat pa I the nartlcs there wns a division of the property which consists of real estate and household goods I |
