Show atit corn an ot OIL x 0 W V JUDGE JL DOE fl I 1 oin jl inal id tu elvik rowl es ta i jou itin assoil ant attorney icile i applied for an attachment to issue ibue fur one cue julia rowers powers of davis county she having failed to tn appear before the grand gland jury ol of this court after being served by a deputy marshal witha subpoena attachment issued the tha clerk called lay lav Minn Minner Brley loy and neuben smith to appear for arraignment 0 G C richards Rich Itic Lards aids efly EM explained their absence promising the they y won bouli he be ready fur fr trial the day they would be ba arraigned arrain od their trials were fixed for I 1 muy lity to tako take precedence ot of territorial and other cases charles D thomas was vas asked to stand up and state whether he had anything to say why sentence sont anoe should not bi ba passed upon bina bim the said eaid he ha fou found ad no fault with t tho 0 verdict which was just ac cordi cording n to tile llie evidence lie ho would take tiia Is beu ben without bearing malice or ill will to the court 0 or r any one he was thankful to his attorney for his kindness tia ile intended to ro re deepu himself in the future V bierbower reminded tho the court that the jury had recommended tile prisoner i to mercy the court said it was not the duty of the jury to determine dc what hat son tonce should be passed upon a crim erica inal their duty daty ends with tho the find ing of the verdict in nailing an no ao cuard duall guilty guilt yand and then recommending i lim i to mercy they could shirk the responsibility put upon them by law throwing it all upon the court their responsibility was great and they should meet it with out shirking they place no embar rosment on the court by mak ing recommendations m m 1 lations to mercy the tha amount of p punishment u nish ment to be inai inflicted i acte a was a matter belonging to the con science of the be court and lay between himan him and dOod god in ot of the responsibility the jury lays the court open to criticism by the public who do not always understand tho the merits of the case casa this early in the term bo be would improta this on the minds of the jury where the 0 law allowed it he be did tot not want re commend at ionato mor mercy he would follow the dictates ot of ej bia conscience on science should tho jury return an unjust sentence he ha would assume the re of bf suspending sentence should he think a severe sentence was needed in an extreme case ho he would pass a severe savero sentence the re ra commendation of the lie jury to the contrary notwithstanding mr Bier bierbower bover pleaded that the prisoner had bad expressed contrition realizing his awful position and sit nation in life counsel believed that it if the court could mitigate the pen ally the prisoner would be the better man through it abst attorney hiles said the tead mony of witness middleton would prove that the man had in bi bis posses e eion ajon a halt half bottle of undiluted alcohol 1 e which he drank aa it was waa when be committed the heinous off elase ia no 0 doubt he bo was crazed craved with the tha effects of the alcohol tho the court before addressed the prisoner in a very im ma manner otier ila iia was wag pleased with the prisoners of contrition his hia having no malice mii lico and his bis gratitude these traits have hopes ot reform in the fat future tire the prisoner had bad probably pio bably already learn ed the lesson that the low law teaches to offenders viz that is la not well to do wrong but far balter baiter to do right that the only hope of a mans hap 1 9 and in this thia world lies 1 in uis obeying the atia laws lawa oi of his hiis coun try ry and the laws law s ot of god find bod in do ing as near right as lie he could the court could imag inra what abat the I 1 pris eirls i oner bad uLder undergone gone in ill LIB his feelings of shame and remorse but the court lad had not to deal with the prisoner alone the interest of 0 society do de banded that such euch a sentence should be passed as would toach teach others that crimes cannot he be committed with im eunity the knowledge of 0 the ex ili istance tence of such a crime must cause a moral shock and a loss logs of oc confidence coati dence in human nature the court ravo gare kind advice to the pris pria prisoner i ion oner er as to pursuing a good course when he be should be r 1 I eased and in filed a penalty ot of three years year im in the penitentiary the prisoner was thon then remanded the next case was in claims and alia D delivery el livery morgan bond vs va chas ot of Ve terson morgan ty A 11 heywood for plain liU tid plaintiff was sworn aborn and testified fiedl to LIB his being tho the owner of a mare mara valued at and a colt W 55 de scribing them the defendant took them lust last march breaking up his hia team and causing him a los of 65 55 lays days nt at sa 3 a day I 1 but he ha enly claimed damages da magoa Fr friegal ingall bowman and mrs lira boy idea den gave corroborative testimony anil and the cise went to the ilia jury there being n no 0 defendant present nor mor defense made the jury found a for the plaintiff for or the value of the animals and 75 damages the court expressed LIB his dia dis satia satis faction with the verdict as to the amount of damages again impress in ing the minds of the jury enry that the they le should U id bo be governed go verceil by bt tho the law az and i the tha evidence in ewy every cime case in an 0 open venira was waa ordered to be ba iced issued f tor r 15 ill aurora acors to servo serve during th the 0 pr present e s en t t term r m 0 of f c cobit 0 alt 1 in 0 t the b e di dismissed a m i a so 1 l c case a se 6 of f the tha cor inne M U 0 a co vs Johnso johnsona nJ aag e elkei soft and J N kimball I 1 had an luterek tin us to whether alo prevailing prevail arna ling ink party aboud be allow ej ed cost Kitia ball claiming that the tha court had decided that the case could todil liu l not iu t como bea before re it for want of cf jut is diction in in the court below Thore vas vo nothing thing to appeal from ho HB quo t od california judge emerson Iju ierson clai clairl ml that tho the utah pro ce plure was diff different Prent in m that inspect to california the I 1 he court took the matter under advisement in the tha case of 0 blodgett Blod gott vs darker barker the tha court sustained tho the demurrer to the complaint saturday may 15 the tha case of andrew henry vs the un union ion pacific ity ily oo co was called 11 L Will tams eba appeared a feared for the company and A ti it heywood for plaintiff 1 the he jury was waived and the he jurors lacus excused d till monday morn ng lag the ibe suit was to recover tor for a horse borse value vaia GO 00 alleged to have hoen boon killed by one of defendants lococo ivas upon the defendant admitting plaintiffs ownership the value of the horse orse and the fact of the killing Lilli og plaintiff rested defendant relied on proving plaintiffs negligence now come came into court the gr grand a 11 1 I jury jary and through their heir foreman forema n V IV J woods presented a bill or bills oi of indictment the contents of which will only be known when some poor unfortunate will be arrested arrea ted the court reasoned ably and borci bly with counsel as to what extant the corpany should be hold held res respond pons ible suppose a man wanted to get rid of his stool stock bed and should drive them on the tract on purpose to bo be killed could nut not the company prove plaintiffs negligence andrew anderson testified that he be was section foreman on that part of be hell U P road at the time tima ol of the ao ac aident to the horsa in in the spring of lasty last year car plaintiffs stock fed around hero here the previous fall and again in IQ the spring there was a curve in the cut therefore the tha engineer could not net see tho horse in in time to save hi baui pi he corroborated the previous witness he all also had bad warne warned yr p plaintiff 1 of f the danger and had bad frequently driven tin the horse off the tract mr anderson andersen testified hed that he ha was the engineer of the west bound freight fraight train that struck plaintiffs horse borse which was node near devils gato gate bridge ibe Tho train was heavy asid and the grade was down the distance was too short for stopping alt although h ough the air breaks were applied the speed was 3 ora or 4 miles milea art an hour that is is the speed allowed for crossing the budge bridge the horse walked off after being struck the defense rested 1 the ha plaintiff was sworn the thou U P employees only spoke to lafin two or three times flo a had bat put pill up it a fence near strawberry bridge to keep the stock off he used oil all reasonable lea diligence to keep his horse borse off when near the track As plaintiffs plaintiff s home was in in ogden the horse was wad liable to get on the track in in making its way down the canyon A 11 heywood called t the be attention of the court to tho the diagram of et the TJ U P road the length of straight track rak just above devils devil s bridge and the discrepancy IQ in the engineers engi neora evi ayi dence if the horse had bad not boon baen driven down by the employee it would not have been struck whilo while making its way back had the engin engineer cor kept a good lookout look out be could hay have seen the horse horsa feet away instead of 20 and could have stopped tho the train 11 L williams argued that the night was dark and the horse might have come on the track just aust at the time tho the engineer saw it ila ho ro ra view viewed a d the evidence claiming that the employee had driven the horse below devils devil a to a flat in the bottoms plaintiff was well aware of the risk he be ran having beau bean well warned lie was guilty ot of contrina con triba tribu tary negligence marly many states had bad ruled that the must be proven tobe to ba entirety entirely on the tha sid bid ot of the defendant ila ha ro referred forred to the grant ot of land feet wide to the company by congress the road was built through before the land office was opened in salt bait lake city no person had bad any right to trespass tres pasi out on that hatland land the right of defendant to the land brought this case under the common law then hen unless there was willfulness wilful nesa and recklessness proven on the part of the dof defendants on danab servants servant a defendant was not liable even though ordinary negligence was proven tie he cited pariona autuori anahori tits ties the court express expressed od doubt as to the tc constitutionality ot of the statute n under n der which this action was wag brought but would not assume to pass upon it that being the tha prerogative 0 of tile the court of last resort ila II 11 would ex amine am ine the authorities cited in the ease case ol 01 It ichard flint vs win will a saunders dera to recover on three promissory gromio y notes 0 tea covered by mort gags gage amonn aint tini i ng in the aggregate to bt about aam 1000 A H nelson for plain I 1 1 a i alta tiff moved to strike ont defendants answer made through judge emer son non and an d also moved tor for judgment as ai i it no 11 answer hal hai been made mada the court took the tha matter under advisement i twenty seven haven cases hays b beefs so odisa dia posed ot of during daring th tha week weak although I 1 the tha court was wag not kept busy |