Show E Y T R ti Is sen merced i to U 18 years IN THE PENITENTIARY E expert testimony in the railroad right eight of way ccase beard AriEE AFTER KOON 00 11 the first district coart resumed session at 2 oclo cir frank S humphreys of pleasant Plea satt grovo was admitted to citizenship WM win raed raea oi 01 arroyo who was waa ad admitted mit to the supreme court of I 1 michigan Ulc higan in in 1589 was waa upon motion of geo lmh erland admitted to practice tite in tho firt first district csuri abury was paneled impaneled im in the tha cass of the vs va IV K R paden faden who is ae ac aused of the crime of cl grand larcen larceny y co maitte by stealing a horse coraa from W J D horne home sept 1 ast 1st at 1891 J du sch esue uintah county utah territory I 1 A G sutherland is ia counsel for doben dan the th first witness was J T D V horn at fort teel testified flad to losing a hoise hoi se on the the ath he next baw the horse horga when he was returned by the united states marshal curtis isomo eoma timo in september redirect re direct he had paden in the penitentiary where raden paden had rc ac taking the horse away from the tha vicinity of the pot post but had claim ed ho he bought him at vernal 29 miles milea east of the post john T huntinton Hun worked at the mines three miles east of duchesne Duch eana in august and saw the defendant comins up towards the mine on a horse de a man who was with this witness that the horse was one he be had bad borrowed or hired at the post sheriff weber testified to seeing paden in a livery stable in ogdon g in the latter part of august paden had offered to sell a horse for he fid the sheriff that he had bad traded for the horse on the indian reservation redirect re direct I 1 took a bill of sale from the defendant and turned it oyer over to sheriff burt of salt lake county dont remember the contents of it old and dont know where it is the prosecution rested mr sutherland called attention to the fart fact that the defense had bad agreed to admit that three reputable citizens a of f salt lake would testify to the good character of paden Prose prosecuting outing attorney zane admitted this W E R paden the defendant a good looking man that he be had bad traded another horse for the ons one he was accused of almat tte Atea lingat lic he traded with a man by the namo name ol of richards hards Hs he had met huntington but denied saying he be had borrowed borre borr wad or hired the alrae he had bad worked in salt lake city and had been connected with the utah electric co crosb brought out the fact that he was in ia the tha penitentiary for stealing a horse from mark mckim mins in salt lake city he was rai boing poing back to salt lake city frem fiem vernal and intended to settle with mark me kimmins for the horse he got from kim him ile H had gone gona to ogden to sell the horse this closed the evidence the case care was wai submitted without argument jud judge jude e blackburn instructed the jury upon le the fact that a man was presumed to b be innocent until proven guilty beyond be a reasonable doubt doub tand and gaye the usual instructions in regard d to a reasonable doubt the jury retired and in one hour camo came back with a verdict of guilty sentence was set for tomorrow tom orrew morning thit this is ia the last criminal case docketed for this term judge entered a demurrer to amended complaint in the case of goe B montague vs eldridge tufts do dei sustained stained au leave leava to amend complaint granted court adjourned till friday at 10 oci ock friday 78 the first district curt c urt resumed so sea 9 this morning trefley doutre wai called forward for sentence judge powers asked for a leivent sentence on account of previous good character ami aleo cale i attention to the tha fact that doutre had an opportunity unity to escape from the county jail ladt richt and did id not ilo do so BO jailer was called into court and stated slated to the tha j judge audgo i that doutre could hay have escaped if h he e hai bal wanted to do so prosecuting attorney zane made mada a showing the aggravation of the offense and opposed a lenient sentence judge Blach blackburn burn asked doutre il ie he had aay anything thing to say why sen sentence tonce should not be pronounced pronoun cad cid upon him doutha iu in a abick chocking chac chck king ing voice stated that tho hal hai per perjured jurd them eulves to colv ct t him and that bin hi life was waa in danger at tin tha time he ha shot stephens judg u d blackburn sentenced him to x b n years hard labor in thep tha pea a i ha be stated that it had beeri been llis his iri intention to sent sentence atice doutre boutte to 0 o twenty 3 ears the full fall penalty but would give him the benefit of to years berrs cornot for not escaping last night 1 doutre was much affected and ask gl I 1 the coutt to sentence him to deith death de ith as be would much prefer it to imprisonment IV E R paden dh not appear for s sentence el The ease of the tha union paci ic T tle tie pio eio grande gaude western was resumed the he i jaty 11 1 y havins having returned from their trip ti to eureka reka mr OAl alvany was recalled re called ile he testified that the rio bio wande brands Wei tern mr air ra rachad y bad indicated to tho the jury yesterday where the tha supports arts would bo be placed under the bridga thia would leare only 1 13 1 badt be between tyreen the sides of cars en the main track and the th a il 9 1 and 6 inches between cars cara and supports u p por lt 1 on the side sida tracks trac fea and the tha supports ports he explained the danger that would be hami imminent nent to 10 train men man from the trestle work he also eftim estamal I 1 aldam ed damages to the U V irom from moving tracks as they ay would have to be in order to operate them with the rio eio grande work woe J erected over the tracks K R C simons Bi Biona an engineer of fifteen years vears experienc a not employed by tl ft a U jien pacific except to exan evanine ine V t a place where ane rio bio grande We western steril proposes to cross the U 1 P track B gave testimony illustrating with a stretch on the black board to show the tha dager dagar d to lines of train men through the proposed trestle work of tho rio eio graude western he corio corroborated borated the testimony of mr alvany mr Gli guthridge a U P engineer al alaa gave ve corroborative testimony and OR ed the darn karnazes azes to the apat M J F edgewood Ede wood union pacific agent at eureka testified flea that the U P r needed moro more room for I 1 storage before the switch tracks were wera P put in before this time the U P iod had ben been co compelled to store their ci c rs r at ironton five miles below E 0 harrington a U P conductor testified to the tha need of the switch tracks before they were put in ha also gave tco testimony to the tha danger to brakemen f om the proposed trestle work of the rio kia grande granda western the plaintiff company rested au and a the defendant company called as their first arst witness on the question of damages B S E ray he is a civil engineer in the employ of the rio kio grande weso wese n mr raya ear s opinion defered from that of the U P engineers it was wag not necessary for the U P I 1 switch trac tracks to be be ag aa near together as they are now and by moving them further apart the crossing would be avoided the ibe d damage am e to thi th UP U P company from tb the e pro posed crossing would only be ba the cost si of a retaining wall about four or er fly diya hundred kundred dollars ile ho was wa cross examined at great length in regard to the bridge bridgland brid gsand aud ahe location of the tricks tracks at the prope propped cross crossing crossed bd i liae court took recess till 2 oc leck |