Show couet jury disagree in the daly case SENTENCE IN THE CROCHERON ARSON CASE SUSPENDED the allred wool stealing case in tho jurys hands the case of the people vs jos daly came on for trial immediately after the jury in the gee case retired to consider their verdict this case was sent up to the district court several months ago on appeal from justice W H browns court while the jurors were being examined as to their qualifications the gee jury came into court and rendered a verdict of guilty as charged in the indictment sentence was set for saturday next brig crocheron who had been found guilty of setting fire to bay stacks in spanish fork appeared for sentence the court earnestly yet kindly admonished him as to his past and future conduct A recommendation unanimously signed by the jury had been offered in his behalf and on the promise of future good conduct the court said that sentence would be suspended stipulating however that the defendant who is about 17 years of age shall appear in court on the first day of the next term of court bield in this city september bengt larsen who bad plead guilty the dy previous to th charge of unlawful cohabitation appeared for nee he was sentenced to six months imprisonment in the penitentiary and to pay a fine of 50 and tho costs of the prosecution A jury was and to try tho joseph daly case D evans and S R taurman prosecuted and J B milner and john M daly defended thomas cook was the first witness called he testified that in august last he was threshing wheat for A halladay the machine was owned by samuel liddiard joab collins and himself our toll wheat was left in the field amounting to four sacks next morning I 1 missed one of the sacks containing a bushel and a half A halladay handed me an empty sack next morning which I 1 found waa the one that had contained the missing wheat I 1 gave the sack to policeman strong the wheat was worth about a dollar abraham halladay testified that joseph daly the defendant was the last of all the men engaged in the th to leave the place witness found the empty sack next morning john lewis stated that he was there when this crowd of threshers thre loft remember that defendant remained went up in to town with sammy carter and soon afterwards daly passed us saw him again after that at the west coop co op taking a sack of wheat out of his waon dont know whether daly hid any grain i in his wagon while hi the neld or not george halladay stated that he sst in dalys wagon while it stood in the field there was nothing in it except a little corn daly was the last man to leave the field that night in cross examination witness stated that defendant wag employed by him thomas kirkwood kirk wood testified that he was clerking at the west store on the night of august bought pounds of wheat from him the choat was in two sacks one slipped over the other one was a the other a burlap defendant said he had borrowed one of the sacks this occurred between quarter and half past seven at night donaa collina worked on the machine and left with the crowd daly remained had a talk with defendant about the case just after the the justices court he admitted to me that he took the wheat but he did it when be was drunk he eaid that that bushel and a halfon wheat would get away with him yet on cross examination witness said that joe and he had perhaps drank a couple of flacks flasks of alcohol that evening be was sober enough to go home alone question what time did you get home ans at seven Q and you were sober enough to notice the time A I 1 was Q now wis it seven at night or seven inthe morning you got home A in the morning sammy carter testified that he left with the crowd and came into town with john lewis daly passed us on the way he went by pretty fast william strong policeman testified that he received a sack from cook the sack was identified by witness thos cook was recalled and also identified the back said it was a new one Ee that defendant at the former trial had said his sack was an old one he had seen very few sacks of the kind before he had bought three dozen A halladay also identified thea ack as the one he gave to cook abos kirkwood stated that the sack in court was similar to the one daly had the wheat in the explanation day gave for one sack being inside the other was that one had holes in witness however saw no holes william halladay testified that lie was present when the empty sack was given to cook defendant was at my fathers about supper time about twenty minutes after we ah left the field quite a lively discussion took place between witness and defendants attorney ir milner as to differences between various kinds of grain sacks atie prosecution rested and court adjourned until 9 next morning on saturday morning prof K G maesar by counsel his former pica and en tereda plea of guilty the sentence via set for the the trial in the case of the people against jos daly was resumed the defendant took the stand in his own behalf benl enl stated that after leaving hal badaya lie went home got some of his own wheat and returned to the west coop co op where hu ofle for sale the j reason of his remaining on the field after the threshers thre left was because he wanted to have i abis closed the case and after arguments from mr thin man for the people and mr milner for defendant the court instructed the jury alio retired about noon the jury in the case of the people against joseph day after being out several hours returned and reported that they could not agree and were thereupon discharged the case of the U S vs T R cutler wag called and a jury em paneled and sworn the defendant took the nd admitted that be had cohabited alth his wives whereupon the jury were instructed ted to return a verdict el guilty without leaving their seats which was done and sentence set for saturday A motion for an appeal was taken by the defense on a motion to quash the indictment because the legal wife was compelled to testify since the edmunds tucker law has been in effect on monday morning the case of the people charles allred implead ed with david bostron Ho stron pratt allred and gilbert ailred came on for trial rostron on motion of the district attorney was discharged the evidence being in to connect him with with which alie defendants were charged it was arranged to give the defendants pe parate trials and alfreds allreds All reds caso was the first called the case for the people was conducted by hiles and evans and for the defendant by jacob joanson and thurman sutherland mr andrew jencen first witness called by the he testified that be li vedin moroni his i business was that of milling and sheep raising last may had four sacks of wool in ei M barn amounting to about pounds the sacks were marked J W co the twine waa a two ply twine and one of the sacks was sewed with flour sack twine the sacks were branded with my herd brand the last time I 1 saw the wool was in the latter part of mav and on the ard 3rd of july found that the wool was gone there were marks of where the sacks had been dragged and tracks of a wagon going south from the barn and in the direction of chester where defendant lives went to the railway station at moroni and enquired from the agent who had shipped wool that day the four sacks of wool to nephi chas andrews having them in his possession conversed with allred about the wool after the preliminary examination inAI and he said he had not stolen the wool but all that be was afraid of was that having sold it knowing that it was witnesses he might have to suffer for it witness promised him that if he was guilty and would own up to it he would ask for mercy for him there was no other wool in the barn I 1 found the wool at nephi three sacks were on the platform and one in the warehouse there were no other sacks having hays brand on arf cross examination witness stated that at the celebration of the fourth defendant said to him that if he had been a man he would have tried to compromise the matter instead of having him the defendant arrested he also said he steal the woo he gold it be direct I 1 examined the sacks and fleeces and looked tar marks peter greaves am a member of the firm of andrews co wool shippers at nephi bought 36 or 37 sacks of wool from the defendant at chester in june last the four sacks were among them the lot was taken to nephi and sold by him on his own account the conr sacks were marked J W there were no others with that brand cross examined weighed the wool at nephi dont know how much it weighed paid for it in checks A portion of the wool was set aside ad the property of henry allred other parts for others and some as defendants this was understood though the trade for the lot was with defendant A part was put down to II 11 D allred but this was a fictitious name there was no such person soren christensen was there as I 1 was told to represent other parties the sacks had anas alfreds allreds All reds mark on a circle with a cross allred did not tell me that he was acting in behalf of other parties charles andrews was present at nephi when the sacks of wool were received received the wool from defendant the four sacks claimed by jensen were among the number and had a sheep brand on them knew no other party in the transaction but defendant until the settlement when some of the checks were drawn in favor of others he designated for whom these checks should be drawn the four sacks were included in C alfreds allreds All reds settlement not H D alfreds allreds All reds that I 1 can remember the marks were fresh as though made within 24 hours to defense some eight sacks were weighed to H D allred and the balance to C allred about half a dozen checks were made out one was made outto caristensen he acted as secretary for defendant dont remember three or four sacks being marked with three dots in addition to tho circle and cross mr greaves was recalled by the pros cution and stated that the only persons the wool was weighed out to were charles and HD allred 8 to H D and 28 to charles state to whom the jensen sacks were weighed the case of the people vs P P driggs and moroni moore waa continued for the term case of E et al vs martin taylor et al was dismissed at plaintiffs costs A dunkley vs frank Mc Wattie et al dismissed at plaintiffs costs case of the V gilbert condie continued for the term people TS abos nance defendant ar d and took the statutory time to plead mr gaa sutherland presented affidavit setting forth tho fact that two witnesses for the defend antin the pariah murder case could not be secured in time for trial this term and counsel asked continuance till next term which was granted at the evening session soren christensen took the witness stand for defendant fen dant he described the shipment of the wool at chester and designated the various sacks which he said numbered 38 instead of 36 as testified to by other witnesses defendant took the and testified that his business was that of a sheep raiser in 1886 had head in 1887 they were out on shares to david rostron and john tidwell in 1887 prats allred had th sheep and at his request I 1 arrain ged to get a market for the wool had no interest except that when the was was to have two pounds per head met with mr greaves and got an offer of 20 cents told the parties what had been offered and next day notified mr greaves that I 1 would accept hia offer there was a drop in the market price and mart aldrich wanted me to put in bia wool along with mine as he would get the advantage of mv contract heard andrew jensen testimony about conversation at nephi he told me that if I 1 would go and plead ga alty he would make it all right but I 1 told him that I 1 do ao for 1 had not stolen rny wool did not at that time know tant the wool was hie did not take this wool from jensen neither dh I 1 have any knowledge of the stealing court adjourned until this morning at 9 on resuming the case this morning the prosecution produced the checks issued by andrews co in payment for the wool the checks were accepted in evidence mr andrews testified that he paid the amount in checks except 53 in cash seven checks were made out to C allred one for 25 in favor of his father after some explanations aa to the several checks by defendant both aides rested johnson and thurman delivered the arguments for the defendant and evans and hiles for the people court then adjourned until |