Show IN i COURT G deoc I 1 e 0 C 1 0 Whit I 1 inore ITS R G W ity 11 I 1 A CATTLE ORSE OASE evidence of the plaintiff all in A witness who failed to abear TUESDAY court resumed session at 2 th the demurrer to the complaint of geo 0 whitmore reva ta the rio eio grande western ry co was further kd argued by bv geo sutherland for the plaintiff the demurrer was overruled and an exception taken A jury was paneled em geo buther uther fc land stated the case to the jury the plaintiff corporation cop oration is is charged with kit kil lina 68 66 head bead ol oi cattle belonging to the plaint plaintiff lir in in emer emery y county at various times during the years issa 90 01 91 by their and cars care in a careless and negligent manner there are 17 causes of action the plaintiff would lo be unable to show the exact dates of all theiss counts but the had found 35 hides bel belonging oDain to lir Whit morea mores animals stored away awa in ID the section houte of the railway company and the section foreman had refused to give any information in regard to bow they came were there george 0 whitmore was the first wita wildest ess lie ile tea untied to haviel cattle ranging in emery county near the rio grande western railway compain y ys a track on unsettled ana unoccupied lands he described his brands and testified to having cattle killed he had found foun them burned and buried along the track in november 1890 he d discovered s c 0 35 hides with his br brand and the grassy trail station some under the tank and some in in a dugout he had asked the section foreman scott miller for an account of tattle cattle killed mr miller had refusal to give him any information but had baa told him that there were some hides up there and he could haya have them if he wanted them after that he went to mr marsh the claim agent of the company he had bad said that if mr whitmore tmora wanted to find out how many cattle were killed he would have to stay alonz along the track he also sidd said that tho the company would not pay for any cattle on the public domain doma iii mr whitmore had ao also asked mr moon section foreman at lower cros crossing sinz bo how w many cattle were killpa on his inspection section manah and he e had refused to give any information scott miller testified to being s section foreman at grassy trail it wa 4 his duty to furnish mr marsh wil with th a r report of cattle killed on his section he H 0 testified to sending lending mr march a report of cattle killed belonging to mr whitmore ile he had skinned an aal I 1 buried the lie animals and saved the hides he did not know how long the thirty five hides mr whitmore found had been there he had seen one animal belonging to mr whitmore killed by a passenger saenger pa train in in 1889 but could not lot remember the date the track was ras level and tree from obstructions and the cattle could be seen for chbani half a mile the engineer did not slacken up the train but whistled just bat at the time or immediately before he be struck the cattle frank bel Sel graff was engineer on the train that struck the cow he had seen killed redirect re direct the engineer did not give e al stock whistle when he had milledg killed t 10 the cow mr whitmore had demanded deman ded information from him in regard to aai animals killed on his section geo sutherland Sut nerland what did YO you u answer him objected to objection sustained exception talen taken mr miller had received from hii pro a circular letter from mr Os 03 burae general master in in regard disposition of cattle the letter di raced him not to allow stockmen stoc kmen to see sea his hia reports of stock killed but if the wa waited cited any information they could ed to the office for it mr foreman at lower or onazin saim testified to finding some Whitmore 3 cattle killed on his section ste tion he bad buried the cattle when he found thern them his instructions in in regard to giving diving information about cattle being killed killea were similar to those thosa reee received ived by mr millor be had shipped the hides bides to salt lale lake city hb testified to 10 cattle of mr whit mores being killed in 1893 mr whitmore batmore recalled he had wired mr bancroft for information in in regard to cattle killed the defense objected to testimony in regard to contents of telegrams objection Eu sustained stained he had received an answer the tee answer was ft as yes yea sir ile fie also applied to mr marsh claim agent that the company refused to pay for cattle killed on the public domain mr marsh had refused to give him any information in in regard to ca cattle atle killed mr Whitin whitmore cre was vaa in regard to the value of the cattle and the hides he had found the accounts of the united stages marshal for payment of bailiffs bai liffa and the accounts of J john jihn ihn W phillips wm ZaU zabriskie and J E hills united states com sio ners were approved the case 0 of the appl people ppl vs patten indicted indicted for being implicated in in the kills ing of the jones family south of pay eon jn in the early days of the territory was upon motion of Prose prosecuting prosecution cutin altos 1 tto ney bev zane dismissed afred doble altert allert johnson and niels 0 Mor lensen were admitted to citizen hip court adjourned till 10 today WEDNESDAY the first rr st D f strict court opened at 10 the following persons persona were naturalize aliz ed allen alien morton native of scotland fc A 0 jensen peter andre andrew W It asmussen benat madsen J S svan sen natives of cf denmark hogan mul ler bergreen green a native of weden aboe tt OB W V williams a native of Ens england land tatios llewellyn liew flyn job llewellyn hobt W lloyd thos phelps jhn jahn webar r natives of wales gottfred Golt Got tred tired Liw reason native of denmark benjamin gould goud native of nf england lars Mick Mic elor kelsor native of denmark frantz P J smith native of denmark thos thoa W williams being beim 4 asked by judge blackburn if he would fight against lugland england in in case ol 01 with this coun irv answered emp latic I 1 I 1 aUr you bet 11 M fg fauson I 1 arman a teatsy trail in was called as SIT a in t e case of geo C i hi more vs too rio hio grande railway co H ha leiti fied tu to cattle belonging to mr whitmore being killed aw aa oue one 35 killed 1 illethe hb had re darted them to mr mar alar elt ah i claim abelt haried the c carcasses ar cases and aad shipped the nid to salt lake cit city ty his hia testimony was similar to of the tha other section foreman J M allor testified to seeing 6 bead ot of mr Whit mores cattle ailed L lied in march larch 1891 he had been dri driving ing the cattle along near the track alea m hen the train came along alun and ran into he cat tle the train did lot fila len up speed ard the stock whist lull lu was not blown tho the engineer could coald haye have seen geen the cattle for four hundred yards before he struck them the cattle were ere worth about jat ja a piece he had bad seen been other animals a after after fter they had bad been killed ano described thodi thein H P oakley and other witnesses te testified tiel ad to seeing seau mr air ji cattle killed at times this closed the evidence for the khe plaintiff james ing inglefield blefield le field a witness employed by silwe i did not appear and an ashment at was waa issued for mm dim when ho he was waa brought in he explained sir kr tatt taft had bad told him not to come coma till his hia was waa done he be was discharged and aad a writ ordered issued for mr tall taft to appear and show cause why he should not bo punished for contempt ol of court archibald found guilty of 0 lal do habitation last term came up for e sentence en tence in view of the fact as state by his hia attorney E booth that no ts had given eiven himself up and his prom iida to obey the law in the future he ha was sentenced to one month in the pen pan icentary iten tary court till 2 the following cases hae been set for trial 1st ast mammoth mining co vs juab county et etal al OCTOBER ad the people Ys vs cass casa hite I 1 the people vs enoch gray 2 cases case 1 the people vs va chas hyde the people vs anna 21 marks arks the people vs J 1 11 II jaaes 2 the people vs Ts I 1 isaac joner joesi tho the people vs gustaveson Gusta veaon the people vs james stewart united states vs franklin heymore two cases united states vs lizzie lent united states vs sanford fuller united states vs edward crofts united states vs samuel allsworth et ec al united states vs VB elias A day dav OCTOBER isan united states vs AM abodes abod is et al united states vs i J ross boss united states vs va edward earl et at al united states vs john Wat kius |