Show mi john ceab guilty as shamed IS 2 the post office case against joseph page is now on trial the first district court returned cession at 2 chaiter haskell was called by the defense in the dean case wa in the saloon at the tima of tha i quarrel I 1 saw mr heed ca out and pick up a rock dont enow what he dai with it I 1 could not get out mr dean was standing in the doorway cross examined the rock was there to hold the wire door open 1 am sure it was a rock did not BOO dean draw his pistol reed picked up the rock just as he went out of the door james McClella aThe saloon where tha difficulty is about SO yards from my place of business I 1 wa out alido of my place of buzinec busi I 1 saw mr reed coma out of th central and run across tia side walk ha stooped down and turned back and was goins towards th saloon with bia hand raided when the first abut waa fired abaro were rocks ia alio reel aeed was thal from barber shop to tha is about 84 feet gross examined I 1 went right down there after the thoo saw marsh about half way between abo barber chop and the salomon salo oon told him to gat on a borso and go after a doctor did bot see am ahing drop out of feeds land as 1 was going dawn david kerr I 1 caw mr reed before abo trouble oc currad ha asked if I 1 had een dean 1 asked him what he wanted of daan ha said 1 am to oar hia U d acell in thia was about aa hour bedora the shooting on the of july aeed told me he was boing poing to do tha a of a fc up as as he could drobs there waa no onu present at th tima of tha conversations I 1 have tei tind to willian potter heard reed aay he would fix dean if he ever gave him half a chance thia waa on the aith of july dan waa in the gem baloon at the ime kod ans outside be ha I 1 two big rocks in his hand when I 1 first came up to him he eaid he would decad baad if he came out i cross examined I 1 dont know that adan had pulled a knafo oa rod before this in the saloon did not ac any time tel him be bad better not go back in the saloon because dean would lay him out a corpse thomas herbert heard reed say on the of July outside of a he would kill the B of a b dean pan waa in the saloon people in the saloon holding him from coming out mra thomas herbert saw mr reed i with two rocks in his ha said he would kill the a of a b dean was in the baloon r wa called by tho defense and showed aba jury chor the ball was taken out of mr raeda body on the right side under the arm brooks fairbanks wa recalled re called heard mr reed say he calculated to hare a fair show and if witnesses did not tell th ho would fix them to marzane Mr Zane I 1 took a gun away from mr dean on the of july in the gem saloon that ia another man and I 1 did win F aeed was called in rebuttal rub on the 2 ith of july in the gem saloon dean struck atcas with a chair and ait erward pulled a knifa on me I 1 then struck him with a chair and went out and picked up the rocks thic king dean would follow rue haye not said to any one that I 1 would cave his agull in the trouble on the waa fettled BO air as I 1 know I 1 tried to get a rock on the b ut could sot get it out of the round E gleea I 1 understood the trouble of ohp had been settled be fora the on the witness bad the row un the jtb and the way it was settled aca i erre bad been keeping the screen door of the saloon open with a beer cork and sometimes with a vary email rock thia closed the testimony mr zane waved his opp nin ari it aud air orea anted bid argument arg for ibe defense to the jury mr was interrupted in ilia argument by dr being brought in on an as a wita ness in the stevenson mayhem casa upon an esplan stion to the court he was ralea add from the attachment by paying 10 lo costs of the at atch ment after mr White cottons argument mr zane made the closing argument judda blackburn instructed the jury that they were thy gote judges of the evidence aud should the opportunities port unities the OK biad of gainin their and their interest in the case every man is presumed innocent till proven guilty beyond a able doubt he read the law definis the crime of burdar and assault with intent to murder if yon find that dean was the aggressor lii de fenski that the theotine ehe otine was in self defense falls to the ground if vou find from the evidence eTi dence that the Bho otin if it had resulted ic death would not have been murder then you may find the de guilty of an with intent to do great bodily harm or if the evi dence justifies simply of an assault wm bench was arraigned on a charge of adultery committed with martina bench whose other bame is unknown on the day of march mr bench took ane Eta time to plead bail was fixed in the sums of 1500 jahn of nephi and W K beed became hiis sureties the case of the people vs land and bosard was held over till S S chipman the principal prosecuting witness can be brought in and a subpoena was issued tor him A j ury was called and paneled em in the thos stevenson mayhem U S attorney zane stated that the defendant would aleal guilty to a charge of battery which the tion had decided to accept mr stevenson came forward and pleaded guilty statements of the ease mad by the prots cutine attorney and alao the attorney for the ds fenee there had been a fight at ephraim the defendant and another boband stevenson had bitten hii opponents nose the nose bad been neatly repaired by dr claten and the defendant claimed the biting wax done in aalf defense stet enion was to pay a fine of 10 and to be confined in the county jail of sanpete county for two months charlei salmon a native of wales and a of rayann waa admitted to citizenship the jury in the dean case came in and preheated a verdict of guilty of ae bult with intent to commit murder mr otton informed the court that mr dean was ready for sentence mr in behalf of mr dean that hia family would be without means of support while h wa undergoing punishment and asked the judae to ha lenient on that account the judae after calling attention the enormity ot aba daan to two year imprisonment in the in the caad of jungk and fabian y D 0 reed et al tb motica for a change of jnue was denied and an exception taken in the case of richard harbir vs the north american asphalt co an order for judgment was made court adjourned till wednesday morning at 10 the farat district court resumed las aion at 10 william bench pleaded not guilty to the charge of adultery case bat for john T pyne of provo and christian gensea of levan were admitted to citizenship in the caad of dougald mcmurphy and others of eureka indicted for ambi ling prosecuting attorney john M demurred the in the justices court being a oar to further prosecution as claimed by the for the reason that the conviction in the lowar court was not obtained on ft con including the time charged in the under which the is now charged mr zane claimed that each game was a separate offense attorney geo sutherland for the de feus argued that conducting a bame of fare for which offense the was obtained in tho court is a bim nesa and waa a continuous aud included tho limo in which the gambling charged in the indict mini under which aba charge is brought numerous Nu marous authorities were cited the demurrer da was sustained the judge x pressing an opinion that it was a fraud upon the public for gamblers to be brought before a justice of the peace and lined 25 for a gambling house for eight months M C sullivan one of the defendants will be tried in order to enable the defence to take as appeal and the cases against the oilier were continued for the term A jury was paneled em in th caso of the united states Joseph vs page t it ia claimed mr page made fraudulent returns while postmaster at mount pleasant from 1879 to 1880 abo auit is brought against bonda raenia recover the amount claimed mr page has obtained through making false to the post office department this is denied by defendant who claims there ia due him from the united states amount he aaka judgment with cost of court joanson Job georda sutherland 1 D houtz M M belloe and V K baad are attorneys attorn evs for and john M zana ia prosecuting j he prosecution in evidence the record of trial and of joseph page for making dalae returns for which he was convicted in 1885 which covered cue quarter of the timo included in the nt action the defense objected on the ground of this euit being brought against a number of persons who were not on trial antko criminal case taken objection overruled and an exception the defense objected to the trang of the account with the treasury department being placed in evidence for the reason that tha united states could not bo allowed to prove by the transcript any fact that could not be proven by alif themselves and the fact of items being charged in the account of alia correctness of which the government officials had no personal knowledge would prevent the beoka from being placed in evidence avi dence and further that tue accounts of joseph page had been settled with the post office department for each quarter and an account made afterwards showing these quarterly accounts wera incorrect bot admissible was geo Su terland numerous authorities ties the objection court took a recess till 2 |