Show ay te several criminal cases tried G the provo city jail asiain galled attention to our sanitation MONDAY MORNING court resumed session at 10 mr king attorney for the defendant in the case of united states vs trifina davis asked that some disposition be made f the case prosecuting attorney zane stated that the government were not prepared for trial owing to the absence of material witnesses mr king then asked that the case be as it had not been shown that the defend ant was in anyway instrumental in securing the absence of witnesses granted and the defendant discharged from custody in the case of philip schwartz vs J i K evind the defendant asked for additional dit ional time in which to answer to complaint ten days additional time granted levi S dunham convicted of resisting an officer was sentenced to one months imprisonment in the utah penitentiary ar y and to pay a fine of 50 and casts of court the case of tte people vs harry warner and stanley burglary burg lany was called and a jury paneled em mr aane prosecuted and mr king defend ed the defendants are two young boya about thirteen or fourteen years of age and are charged with breaking into the combined comb ned store and post office at fillmore millard county of which mr kally was proprietor of the former and post master ot the latter on the night of the of november 1890 and taking money from the store till and several letters from the post office mr kelly was the first witness and testified the offense was committed on sunday afternoon november adi if the offense was committed in the day time and not in the time as alleged in the complaint the offense would be housebreaking house breaking and not burglary the attorneys argued the on as to whether the ohenio of house breaking could ba included in the greater fitense oe burg lary his honor was of the opinion that the lesser offense of housebreaking house breaking could not be included in the greater offense of burglary but the attorneys would be given until 2 p m to produce authorities in the case before a ruling should ba made tha jury in the case were excused until the time stated in tha case of the people vs J A fitzgerald assault with intent to do bodily harm mr A G sutherland attorney for the defendant presented a sworn affidavit setting forth the fact that one D B barneit Gar neit a resident of salt lake city and a necessary witness for tha defense was not present and moved a continuance of the case until said witness could bo secured the motion was overruled and an exception taken by the defense the paneling em of a jury proceeded with the defendant is charged with leaving assaulted william P bennett on fel auary at provo city utah adnire for ten additional jurors to serve the balance of the term of court was ordered to be issued in the case of chester I 1 paddock vs ephriam nash an extension of time of U days lor the defendant io file a statement was granted court took a until 2 AFTERNOON in the case of the people ys harvey warnar et al burglary tho attorneys submitted authority on the question as to whether the offense of housebreaking house breaking be included in that of burglary his honor ruled that it could not and the jury were instructed to return a verdict of not guilty the two defendants were subsequently arraigned on a charge of housebreak house break ing they took two days in which to plead the crand jury came into court and reported ahat they had found three true bills the grand jury were discharged from further service the case of the people vs J A fitzgerald assault was tried and a vor diet of not guilty rendered the case of the people vs JW cobi urn and lute mahan selling liquor on sunday was called and a jury emean aled mr zane prosecuted and mr white boiton appeared for the defense alio defendants are chardel with liquor at clear creek station on ahe Grande western on sunday september ath to samuel mulberry and others this is the day on which young fulmer of springville Spring ville was killed by mulberry it was claimed by the defense that as colbern the proprietor of the saloon on the date mentioned he could in no way be held responsible fur the selling of liquor the prosecution claimed that the principal was responsible for the acts ot the agent unless it could ba proved that taft principal had given iaia agent instructions not to sell liquor on sunday ri averal witnesses were examined and court adjourned until tuesday morning at |