Show I 1 i raft HinT CORT DISTRICT it to F h e y ej a 8 I 1 HIS VIEW OF THE CA CASE kz E the railroad right eight of way case goes to the jury afternoons the first Dittri ct mccurt resumed session at 2 B E J yard a civil engineer in the employ of the rio eio grande Weri western tern railway co was the first witness called in the afternoon A plan hail had made of the proposed trestle but on only to cross tho the main track that was t the 0 only oaly track that was laera when the plan plait wi ans made under the ha present arranga arrangement merit of ahrea tracks it would not be practicable to support a trestle the tracks would have to be moved it is practicable ave to arrange the tracks 33 as tres tresla le could bo be erected alia would not interfere with their use for the tha purposes for which they are used it would be consistent with safely to men working ou on the tracks to so arr arrange auge the tracks tle the expense of a retaining wall and the elpe ase of sli Lhing the tricks tracks would be all the expenses necessary to arrange tho tracks so tho could be built as contemplated d tuat expense would not exceed the room could oa do obtained by the uloa pacific by taking one oae of ati the three tracks up and extending the remaining two farther west I 1 G esnow had exa examined bained the ground and gave corroborative evidence ai to expense of chan iut ta aska on the U P tie eli placed the coat COA at W the da aage nags to the U P of removing one of their gaeir tracks would woud be rio nothing thim because they dont need it A E hyde manager of the tha bullion beek beck alining ciu pany test testified fied that the tea land jand whom tte the tracks of iba union pacific coza company pany are located belong to the bullion back CL champion upion aning company 11 W smith atio superintendent arin of tha B ba B 0 jiniv mining i I 1 company compa riv testified that tile the three tracks ot of the union pacific were not needed by them ulless they la finore cars card aliu they have had for years bince ho he trouble over tha right ot of way commenced the U P company have stored a creat baay m aay cars cara that they had n m dau fur for A telegram from A E hyde sent to mr smith in august waa road where he ia directed to furnish more roam for the 8 9 11 company for storing cars cara he admitted having received it lie ile said tha ilia ansiger to a question of the court that he presumed it woul I 1 be illera ahe railway company to have more track room at that time atzis closed the evidence on tha damage question which is tho the only question ite ele jury will deide and the jury was excused till saturday at 10 evidence on the In estton of right of way was wi then taken by the court to enable the tha court to pass upon the ques bueg tion lion odthe of tha ri right ht oft he ro grande western to c condemn a right of way avor the ilia U P track court opened at 10 IV R paden looking somewhat trave I 1 stained aud ald rhee thee puh pith after his trip to pleasant grove was called forward for een Pen when ho he was iva a asked ivay liv sentence een tence should I 1 not be imp impson soi upon birn hiccie lie i a d t is ie evidence did ncr warrant a conviction the Coutt x ackel ke f him it il he ha thought there baj any hupe of his re reforming formin z ile replied that he had been baen in hops hope of reforming by next nest august when his sentence een ex piros pires but the verdict ra 01 the jury on thursday day had wit with h ilia his expectations jud jude e blackburn called uia his attention to his escape fro fraai jail ail last thu chuia say aay paden d did not think hink he could be b I 1 blamed much for trying t ti i got get awty when he was unjustly convicted the court had bad instructed the jury jars to give him the belle benefit fit of a reasonable doubt and from the evidence evi Jenca presented at the trial there was a reasonable doubt of his guilt the tha court pointed out the advantage of leading au aa honest life and sea sentenced gerld him to five years imprisonment in the penitentiary san tance to comme commence B a at the expiration of his present term the attorn attorney evs a proceeded to argue before fo r e the jury the quest question iun of damages to union pacific ry co from the rio eio grande V estern railway co crossing their track at eureka after the arguments of counsel judge blackburn instructed the jury and they reared rad the attorneys then proceeded to argue before tho the court the qu question of right of 0 way evidence having been taken yesterday ye upon upon the right of ct the lio ilia graude ferande western to condemn a A right aright of way for a bridge over the U P track |