Show titomas brath WENT mcginty from the of the law likewise jerue horse stealie Ste aliD court resumed session at 2 the case of the aenlle vs mcgrath et al burglary was resumed will kirkwood was recalled by the prosecution he stated that h was not present when the defendants were ar created he was at the river bridge mcgrath one of the defendant stayed at blanish foik on the night ot the stayed there until 4 r 5 on the afternoon odthe icar I 1 then came to provo and have been here ever since neither atthe other defendants were with me found the gaeds referred to in an empty box car on the morning of the gave some of the goods to the other two defendants to sell had nothing to do with the burglary either directly or indirectly to mr varian walked from anan ish fork to provo it took me thre e or four hours to walk to any supper that evening stayed in a car at the depot on the night 0 february igan there were a number of other men there chev were like myself on the road saw kirkwood there he did not drink whisky with us found the goods in an dempcy box car on february dont know whether it was a V P or a D K G car there was no frelent or merchandise in the car put on the new shoes earl v in the nin kirkwood not present when w were arrested ee to mr we sold goods around the depot make any secret of selling them frank jerue and michael mcginty testified to receiving some of the goods from mcgrata and selling some of them rhey had not been in spanish fork on tb ouight of february and they knew nothing about the burglary was not present when they were arrested the defense rested sheriff fowler testified that will was present at th depot TV lien tho defendants were arrested he was drinking with them mr wilson objected to the questions that elicited the above testimony whether he was present or not was im materiel to the cabe mr varian stated that he desired to show the association of the witness kirkwood with the defendants if thi association waa shown it might affect alie credibility of the witness and of the thre defendants they had ia testified that kirkwood wis not present mr wilsons Wil sons objection was and an exception taken the case waa argued at isoma length and submitted to the jury the case of the people vs john chew and maurice may grand larceny ws called and a jury paneled em mr J M zana appeared for prosecution and A G sutherland and W K forthe defense the defendants are charged with stealing one black bt allion august ast 1st 1890 at gunnison county said stallion being the property of one william J bobbins ahe jury in the case of the people ys al burglary came into coutt and the foreman stated that there was a question in relation to the courts instruction thay desired to known whether thy could or could not draw inferences irom the testimony his honor stated that if they saw a mans head sticking through the fence they would have a right to there waa i man on the other side after being out fifteen minutes longer the jury brought in a verdict finding choa mcgraw guilty aa charged in tha indictment and michael mcginty and frank jerue not guilty william botford was excused for the term from service as a petit juror court adjourned until saturday morning at MORNING in the case of the people vs S N exhibiting a deadly weapon m a rude angry and threatening nine mannor mr A G sutherland attorney for the dependant delen dant moved for a new trial ahe motion was overruled and an ex caption taken by the defense was sentenced to pay a fine of 5 and tha costs of tue court thos mcgrath came forward for sentence on the charge of burglary he i as sentenced to imprisonment in the utah for a term ot live ears the case of the people vs john chew et al grand larceny war taken up william J called live at oIn alie spring ol 01 became owner of a black atal lioa cult by lual in may he was turned out on tho amuge muge with a grav cnare and another mare in january ot saw them in bield drove a irta a corral my brand had been or blotched the horse independent of the brand it was oscar corral aee any brand except blotched brand dont know ho horse at thai time to mr was told by mr palmer that my horse was in cunnison field and waa claimed by john chew after examining the horae I 1 turned him out had a conversation with berglund about the lorse did not tell mr berglund Ber gluud thai I 1 could cot recognize the horse as mine except that mr palmer had said so doai remember say aug that my corfe had a atar in the forehead when I 1 was hunting my horkae I 1 met a man by aba name of anthony sot information fruin liim ab ut kiy gray mare he said bothin no thin about an IX cult some one etolil me he had heard the colt was dead Kno aizel the dt allion by hia ac tiona appearance and the stock have been acquainted with the stock for 20 yeara about iwo or three weeks agu i alie brand af the horstm namin at mr chews coiral the dreim oj the black coard J and a number of crosses as representing aiu brand re dirocc it commonly known about the country hat I 1 liaf lost a black stallion calt thy wat with the gray maie when I 1 found him A E metcalf liap at nuison know the two aliew and nay keun niber seeing a black stallion and a ariy anro in Gu ghanion anion field chis was in the fiort e wat branded IX on the left bide tin horse was driven up the canyon bv chew and myself in the spring of 1887 in going up the canyon I 1 panr a horse ivine by the BIK of the load chew remarked theres theja bobae dead the horse was was lydin on its richt side it was branded IX on tha toft side four days after I 1 turned the horse over and it biad on chews brand chews brand is a diamond I 1 next saw the IX horse at vermillion want there to get the horse for chew am friendly to chew he is ray brother inlaw in law have seen the black stallion a number altime in chawa possession sirs kearns had a conversation with mr chew last fall was driving with him we had been driving baat andee remark ed to me that is tha best hose in the country people say 1 I stole it but they cant prove it he also said thu horse had been examined by certain parties but it showed op exactly a a they expected its the the horse all the same ho said J W ivie live at salina moved there from scipio last fall haye seen the black stallion spoken of first saw him in 1885 at scipio saw him nearly every day for a year keyer baw him after he was turned out in the of 1886 until last winter looked him over and as near as I 1 can judge from the block and what he would be it is the same horse noticed the brand on the lett side it had been disfigured at the time of the examination at salina mr leemaster live at gunnison know mr chew and mr nay haye known them six or seven years have seen the black horse spoken of saw the horse in the canyon in june of 18 sa it had a sore on the left thigh asked mr whom the horse belonged to he gave me no definite answer about a week later chew and I 1 were out riding and we run across the horse again this lime chew said he and another baity had bought the horse he said the horse bad been snagged running through the timber A Alet calf testified to seeing th horse in the possession possess son of chew who lad stated that he had bought the horse on the san juan of some unknown party at a prior occasion he had stated that he bought the horse of nel whitbeck in the commissioners court chew has said he bought the horse ot john leet on the san juan to mr sutherland chew is myson my son inlaw in law we haye not been on friendly terms since his arrest we were on friendly term before the arrest have assisted in obtaining evidence in case nay is also my son in law redirect Ke direct nay stated to me that he wac implicated ho thought jack would take all blame from his back for mr cearna offered corroborative testimony in relation tc chew having the horae in hia possession when he first knew the horse in 1888 the blotch was not on the horse chehad blotch on afterward court then took a rece ss until CIVIL CASES SET following civil cases have been set in the first district court as follows james 0 york jr et al VB J D jones leo whitehead vs A 0 smoot franz jungk et al vs D j reed t al jams tucker vs M M kellogg kellogs Kel logs administrator C I 1 paddock vt worthy kash agnes I 1 lingby VB john 0 taomas E vs M E flack co james fanz vs A E marnan mary E vs W K barton et al J C powell vs E H paragons et al APRIL arn williamet Willi amiT vs Jolin firth anna marke ys union pacific rail way co APRIL oni coop co op vs st V lesieur APRIL ephraim ash vs schofield brothers llan hyram bardin et al va michael hillra APRIL D C reed va meadow improvement Improve mant live stock co james poynter va james 0 8 varian et al vs centennial eureka mining co michael L powers vs J S watts et al |