Show discharged tile prosecution railed to aiace a case J had bad his hearing be feore justice afternoon it will ti be remembered that he is accused of bendine a threat threatening aning letter to st V lo 10 conc conferring concern erring ng a mini mining n 9 claim Solders summit A D gash and col coghn of salt bait lake prosecuted and J W N whiter white cotton defended A E wedgwood wai the first witness he testified to seeing J W Spain howar at provo june jane the date dat on which it is ia alleged defendant a fant nt the threaten threatening inz letter to le W G U canter au employed for the st lonis Louis gilsonite co under direction of le had bad a conversation with defendant at soldiers summit on the alt defendant had bad then stated that he was goins goin to cat call down that french frog fo eating b 11 meaning le that he be had a letter written and was goiner to provo to mail it st V le la said that he be and another party claimed the mine in dispute dia fit at soldiers summit he had bad conversed with defendant and know knew that he also laid claim to the mine A purported Dur ported letter from nad been received on the olt which was offered in evidence for comparison with the handwriting of cf the letter on which the complaint is 15 based considerable discussion followed as to the admissibility of the letter in evidences evidence defense contend contending cont endine inz that it had bad not been proven that the letter was written by defendant iha court finally held that the letter was as 83 the of lerine lie ile not in the writing but the sending the rhe threatening letter was also introduced and accepted when defense moved to atrice out the first letter that was in trounced for the purpose of comparing the handwriting both letters were ac cepter the defense had no testimony and arguments were made on a motion to discharge defendant agthe as tha evidente evi dense did not warrant ferrant holding bolding him to appear in the district court this morning justice damolan discharged defendant ile he said there was waa no evidence that Spam bower bad sent the letter and the property was in dia |