Show mm q TRIP TO EUREKA EM iv i v the jul I 1 I 1 road oad case VISITS THE GROUND G nephi burson is discharged by commissioner hill police court THURSDAY y rOKE KOON 77 the first friet district court opened al a ja A lury jury was em paneled in the case of 0 the ayalon union pacific railway co ya vs the rio eio grand western it ailway company alis alia is the right of 0 way caso where tb rio kio grande western claims the right to condemn pro prop eity petty for a right of way across the the union pacific track in eureka in order to reach the bullion beck ore house the jury will determine the damages in case casa the 8 0 condemn condemnation stion is ia granted the question of right 0 of condemn condemnation at io n will be determined by the court van cott and george sutherland are counsel for the union pacific and judge bennett and Mr for tho the rio kio grande western mr J 0 UM alvany a civil engineer in the employ of the union pacific wr s the first witness before he was waa exam made an offer of from the ilio grande granda western co to the union pacific co for the rubt of way across the track mr van cott lefus aed to taze tae any aelion action on the offer because it did not come in the manner provided by statute A map was placed on the blackboard I and mr van cott explained to the jury the positions of the two comp com aniess trac iKs where the rio grande We western wanted to cross the U P track on trestle work mr OM alvany testified to having eleven yen years yeara experience in cibil engineering at the proposed crossing croas cros ine the buleh i is i joe feet wide at the bottom Tho aphas 0 1 11 1 1 has four tracks where the rio kio grande western p proposes to cross ake U P main line is used for handling all the ores from the mines in euresa eureka also all the tha passenger and aad freight busil ness for eureka the other tracks are used for storing cara they extend east of the point where the rio kio grande V es esi urn ern proposes to cross crosa cars would lie stored under the crossing work has been commenced on the track on the first of march and had not been comi com pleated on account of this suit assum ing ine the rio kio grande western put in support twelve inches thick there would b be a only oaly about eighteen inches between the sides of cars and tho the supports on ane main track branamen bra kamen would have bays to go up and docu the sides of the cars card the distance would na leas on oil tile the switch trucks this would make it mak dangerous datig erous for the brakemen bra komen to handle andle the cars there would also bo be dauger from fire tailing falling from the engine passing fiver aver the tha track he gave it as aa his hia estimation that would be ba a fair amount of f damages jamac es mr OM alvany was cross examined in regard to whether those side tracks had not been put in to prevent the it rio lo 10 grand western from crossing hede he denied this but admitted text atie work 0 of the rio grande western had bad precipitated the work of laykin the tracks judge bennett asked for an order of the court to allow the j jury ury to visit the ground on a special trin train abich would be furnished furni aued sued by the rio wande western in order to become acquainted with disputed ground and be better abl to comprehend the evidence the order was made and it was arranged to have the train attain start at 2 E ZI 1 lenison Le Pison civil engineer was called ant gave testimony in regard to damage that would r result from the crossing J of the U P track by the rio grande western his estimate was court adjourned until 2 before commissioner hill the examination of nephi burson on a charge of adultery was conducted by commissioner hill this morning with closed doors 11 0 edwards appeared as ai counsel for burson carreia reia EF aler the vc re respond ent testified that the crime had been committed in mill fork on the of Jann Jan arary where she was cooking cocking for buien while her sister mrs burson had gone on oa a visit to her parents a M fowler bowler and his hia wife testified that cornelia had told them of the oc currance burson bureau testified pin I 1 in his bis own behalf denying the alle alie nations of the girl and saying that he had objected to her bey elsw as socia ting with other men mea and this had caused her ip to become angry with him and bring tins this charge another witness fitness testified that cornelia had told that she was offended at burson and would try to have him convicted commissioner lioner hill listened to the arguments of mr edwards and concluded there was not sufficient evidence to hold kachi and turned him loose before justice alexandr Alexin dir will houtz gus and W L johnson of S pring ville contributed 5 each to the tr treasury ansary of the city this thia morning for f 0 r the privilege of drinking provo abi whisky kv houtz claimed that be was not drunk when annealed by officer strone strona last evening but pleaded guilty johnson pleaded not guilt yand explain ed that he was waa trying to get streeper to go home when they chiy were both arr sted by omar officer white while testimony was taken and jud e alexander found him guilty streeper pleaded guilty without any trimmin trimmings go and remarked e d that hl hi aust liec been drunk for all three this dis d s ltv chiy of egotism was d by johnson who replied that I 1 he 1 0 streeper creeper tree per was just drunk for himself dimce him sef f 0 |