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Show NbbbbbbbI CASES IX THE COCRTS. Tho railh-XIddlcmlss, Llbrl. the "" V. S. .Marshal Aflcfllagnloj. THIRD DISnUCT O0UKT. A ttart w as made "last evening on the case of tbe Teople vs. James U Smith, charged with criminal libel In isibliOiIng a circular about John II. Mlddltiubs. Mr. Critch-low Critch-low is being as-i-trd in the prosecution prose-cution by S. W.Darke, while Stephens Ste-phens and Sohroeder are the attorneys at-torneys for the defendant. The circular alleged to be libelous libel-ous reads as follows: Clilif of l-ollce John R-ltiddle-mbs alias Captain J. B. Mlddle-mlss, Mlddle-mlss, about forty-eight or fifty years of age, weight about one hundred and seventy or one hundred and eighty (winds; about five feet ten or eleven inches in height, dark complexion, com-plexion, Mack eyes, gray hair, cut short; stout build, big Hal boot, Xo. 10. At present time he is clean shaved, excepting a small dark or artificially colored moustache, which he usually wears pointed at the ends. At times, however, he wears & Urge, full beard, heaviest on tbe chin; dresses well, looks genteel. gen-teel. It is said he has kept a drug store; has also been a life insurance agent and claims to be a mining ex-.ert; ex-.ert; talks German and Frencbj but it is believed he Is a Canadian of Scotch and French descent. He has a good address, "with much cheek! and impudence, and is what is called by crooks a "smooth mug." He ii much aduictcd to drink, and when under the influence of liquer, which is about two-thirds cf the lime, will become easiged in saloon broils and m-ticufl. He has no doubt operated in various parts of the world under different names; he is a good scribe and writes very rapidly. His liand-writing liand-writing in Utters and bills b In my possession, nud I am mUsEed he is crooked and IS wanted in different localities. It is said he Is well known to Huqhy Geary and has done time with him. Geary has rorkedas all around confidence aud sure thing man in Denver and other e-lern localities, including the Pacific Pa-cific Coast. Middicmiss, like all other characters, charac-ters, will squander trcney freely n hen he has It and will not hesitate to bilk hotels and run his face in saloons when without money. In a!ocns he will assume all tlie dignity dig-nity of n man of unlimited means. He will sing comic Scotch song? whenmeeiingScotchmeninsaloous. He has asserted that he was a captain cap-tain in the Confederate service and las endcivored to get the Mormons to ba'itize him Into their Church, telling them that liecould go south and by making one speech raise an army of 10,0) men and lead the children of Israel out of bondage, etc. He succeeded in swindling aa old man here, ovir the ago of seventy, seven-ty, out of eleven town lots, the proceeds pro-ceeds of which he squandered, and the transaction was done in such a cleier manner tliat I doubt if he can be canvicteil. As a mining man he is a fraud; he knows notli ing, neither theoretically Uor practically prac-tically about mines nor minerals. He has bten "pulled" in vari-mis vari-mis T'laees on the 1'acific Coast and Canada : was arresti-d for embc7ileuient ill Virginia City, N'ev.. alnut a year ago. Some yean? ago he 'klpjs.il out from Montreal, Canada, where he left many creditors credi-tors to mourn his very sudden dl-3-,-iearance. From his general make-up,Iiisactionsaud expressions, jne of which is, "I fear no man, but fear my God," I believe tliat ho his at times In his checkered career turned his attintion to preaching in the capacity of what is known as the itinerant preacher. His assertions that he has been a captain in the Confederate States service is not only a shameful lie, but it is an outrage and gross hle on the iK.-oj.le of llicsouth. AH ofTl-een ofTl-een of the law who's.- buMness it is tobuntdown and bring to justice rogues, frauds and traveling bilks ire respectfully nqucted to furni-b me any information tliey may have or may obtain concerning the above described character. -Respectfully, James I. Smith, detective. 0.n-N, Utah, I'. S. A., Feb. 3. 1J. Uaptaiu J. It. Middlemiss was called and testified that he was the jarty mentioned in a circular. He iw Smith lu the land office in this city ad received from him one of the circulars. K. D. 15. Thorn-don testified that he was familiar w ith Smith's hand-untinsr. hand-untinsr. He -nas shown a letter purimnlnglobaie U-en written by ll.e defendant to (iocmor West, and said the writing looked like Smith's. Mr. KUis, of Ogdeu, testified that Smith some time ago handed him a circular, but was unable to identify the above as the one. The prosecution rested and Mr. Stephens rnu eel for a dismissal on Hieground that no publication of a libel had been shown. The motion wa taken under advisement, ad-visement, and B. it. Allison was called by the defense and testified th it some time ago Mr. Middlemiss told him that one J. It. Middlemiss had' been arrested in Nevada for embezzlement, but that he was not the party. Judge Anderson this miming overruled the motion to dlsmi-s the case and the trial proceeded. J. it: Middlemiss was called for the defei.se,. and testified I have resided in Salt Lakeoucyear; before tliat was a year lu Ojdtn; came to that plan from San Francisco. Mr. Stephens hat is your weight? Mr. Cntchlow Wc object to that. Mr. Stephens The defendant is charged with libeling Middlemiss by publishing his weight. Then followed a discussion of the question, at the close of which the cojrt ruled that the question should be answered. Witness I weigh about IS!; am i years old; wear a Xo. S shoe, not Xo. 10; never artificially colored my m-utache; never wore a full beard; never kept a drug store; have l-cn an iiKirance agent; was born either In Stafford County, New York, or In Montreal, Canada. Mr. Stephens Are you cbtsrky, or impudent; Witness You may answer tliat yourself. Mr. Stephens Are you addicted to the use of liquor? Witness I allow no man to say what I shall cat or drink. Mr. Stephens Have you been under the influence of liquor? Witness I presume I have been. I was on the night of the Lilieral victory. Mr. Stephens Were you sober the day before? Witness I don't know. Mr. Stephens Haven't you ls?cn full a good many times? "Witness Yes, I've been fall a good many times and I'm not ashamed of it. Mr. Stephens Have you been engaged in scrimmages in saloons? Witness 1 have only done so when attacked. Mr. Stephens WhatTartsof the United States have you operated in? No repl). Ir. Stephens Do you work for a living? Witness Just -as ou do. Mr. Stephens Tliat Is, with vour chin? Witness Yes. and my brains. The witness then stated that he had been in Oregon, California, Nevada, I.suMaua, Utah and Canada; Ca-nada; never was in the South before be-fore 1S71; was never arrested in Macon, Georgia; was arrested In Utah on a trumped-up charge: 1 was acquitted; I was arrested ou another false charge but that is now ou appeal; 1 uas convicted lu this police court; was never arrested anywhere else, m,r at aov other time; I was a banker and I brokerMn Canada; left there in 1S71; I LESS1, l, 9,lrorD:, an(1 m1-e S,000 fu two jears; r never cltinied to be a captain in the southern array; I -was In the Mont-.real Mont-.real Kitles; was e-a-Jaln, and uas rralseil to the Tank 'of junior" nisjor j in th" mounted ritlen. Mr. Stephens Did you not get Sour title as captain in the Salva-on Salva-on army? Witness I say that is false. I never was In tho Salvation Army; I once belonged to the Presbyterian Church, but never wasa preacher; I am not wanted in various places; I never tried to hide my identity: I have said J would like to be a Mormon Bishop; I have stuffed people about delivering the children cflsraelj 1 neversenousiy made the assertion that I could raise 10,090 men In the south; I am not a mining expert; I was in tbeOgden Coke and Coal Co. ilr. Stephen! Did you enter all the receipts on the books? Witness Oh, go on; I know what you are driving at. Yes. witness, continuing i was never arrested in California; I borrowed money in Canada, and I believe the mortgage was foreclosed; when I left Canada my affairs were not In bad condition. ,, ilr. Stephens Did you leave any other debts? Witness I tell you now you can't dictate to me. Court You must answer. Mr. Stephens Did you Icnve any other debts? WitnesangnryF-l paiiTorr all 1 know."j i Mr. Stephens Was there, any attempt at-tempt to collect a debt from Canada here? Witness There was ap. attempt to collect a, disputed account. .The claim was on a wheat gambling transaction; it was for about SnOOO. Mr. Stephens Were you follon ed by officers to Canada for anything criminal? Wituesa Never. I dm not a criminal, and you iwiil not make me one here. Sir. Stephens Is it a common remark re-mark for you to say "I fear no man, but fear my God?" Witness It Is not. I used it to Smith once. Mr. Stej Jicns Did you ever write to a man named Itogerson that Cap. Smith had killed five men? - Witness I don't know; I may have done so. Mr. Stephens Did you ever write tliat Smith was following you to assassinate you? This question was ruled out by the 'court, and the witness stated that he knew a J. It. Middlemiss, but not a John It., and was excused. Hen Livingstone testified J. It. Middlemiss was arresteJ in Oden; I was one of his bondsmen. Mr. Schroedcr Wliat is his reputation repu-tation for truth and veracity? Objected to; oljection sustained. Mr. Critchlow You are not on good b-rms witli Mr. Middle-miss? Witness No, sir. Jame-s Spnint, of Ogden, was calle-d, but Ills testimony was objected ob-jected to. The attorney for the defendant de-fendant said he wanted to show that Middlemiss was guilty cf obtaining money under false- pretenses. Tho evidence was not allowed to go in. James Mackintosh testified Middlemiss Mid-dlemiss told me he was a Mason. Further evidence was oljccted to. Court Supporo you prove that Middlcmis" was guilty of iyiug,that would make no dlflercncc to the libel. The oljection is sustained. Judge Gibbons testified that Middlemiss Mid-dlemiss boarded at his hotel. Mr. Schroedcr Did you have-trouble have-trouble to get his board bill? Witness I did. I had to bring suit to get it. Mr. Middle-nta also patronizes! the bar in myaloo'n.nnd run nis fare for drinks. This bill was laid with the other. Mr. Schroedcr Did ho make promises to pay, and fail to fulfil them? Witness He did. He wanted tn lay hi3 bill in life insurance, and I told him I preferred the cash. Mr. Schrocder Was this case l-e-fore tbe gland jury at Ogilen, and did the-y ignore the chargu of libel against Smith? Objected to, ol jeetiou sustaiflcd. Mr. Schroe-der Did you sectlie-se-papers in tho srand jury room? Witness Yes, sir. The papers related to the grand jury's action, at Ogden, on the libel case. The court ruled that the testimony could not Ik; allowed. Mr. Strong testified I have seen Middlemiss und-r the influence of liquor lots of times. Further evidence was excluded. Mr. A. Cope testitled to having eeiiMlddlemls under theintlucnce of liquor many time's; Ime seen him fighting in a saloon; he shamefully abused an old man; he used all kinds of profane language to nearly everybody lu the bou-e; cave seen him "raising the devil" a number of times; he insulted me many times. Ononeoccasion when he did so I knocked him down with my fit, and across the room; then he got up, aud I knocked him down the other way. He wanted to murder me, so I w ent after him. Mr. I'errln testified MldJlemlss 'Is now indebted to me. Tho court ordered this to be stricken out. Mr. I'errln, continuing Middicmiss Middic-miss told me he was in the Confederate Con-federate army; he said some of the charges in the alleged libel applied to a J. It. Middlemiss, but it was a cousin of John It. Middlemiss. Harkell W.Shurtlitr testified I have seen Middlemiss intoxicated several times; he run his face at ray saloon, and has never laid me; he owes me between $10 and ?I5. AdamM. Paul testified Mid ile-mlss ile-mlss Is indebted to me he employed me to take charge of coal claims, and has never paid me; he told me bo wag an officer in tho Confederate army; ho told me he had been specially called to come to .Ion to lead the children of Israel out of bondage; be said he bad great influence influ-ence in the south; I told him I was not a member of tho Church. To Mr. Critchlow He owes me $21" 50; Middlemiss told me Wm. C. Hall was Interested In the coal claims but Mr. Hall afterwards denied it; Middlemiss got mo to go do n; I never was in the employ of Swan; when Middlemiss said he was especially called to Zion, he stoke ser!ously;he was somewhat under the iutlucnce of liquor. Constable Camplll testified tliat Middlemiss owed him a bill. Further testimony was ruled out and the court took recess till this afternoon. This afternoon Mr. Nicholson testified tes-tified that Middlemiss came to him aud said tliat he was inspired to lead the Saints out of lioudage that he was to be the military leader of tho Church; lie also asked Mr. Nicholson folia note to recommend him to the people in Emery County; Mr. Nicholson begin to Joke Middlemiss. whcn hr(told the yarn about being inspired, but Middlemiss Mid-dlemiss appeared to be serious. Wit-nessMcclined Wit-nessMcclined to give him the endorsement en-dorsement asked for. D. O. Hideout was called to testify tes-tify Willi reference to certain transactions trans-actions Involving town lots and mining stock, wherein Middlemiss is alleged to have swindled witness. The case was in progress tills afternoon. after-noon. Judge Zanes time was occupied in hearing application for admission admis-sion to citizenship. There was a host lu attendance, and citizens were enrolled rapidly. "Are you amemby.of the Mormon Chureh?" was the most prominent question. ques-tion. (If the reply was . In the negative, the usual questions, were' asked andansnered, and the applicant appli-cant w as admitted. OJUMtSSIO.NEIl'S t?JtBT. Salt Lake is having a sample of what Ogden got a year ago. There the -lolice refused to arrest tbe keepers keep-ers and inmates of bouses of Ill-fame, and the United States Marshal had to order Deputy Pratt to take the matter in band. Now, in Ibis city, Marshal Parsons lias had to take up the same business, and that, too, upon the complaint of a city officer. Mr. Clute, city assessor and collector, complained of a place next door tohls residence above the couuty jail. Mr. Clute and his family are greatly annoyed by the orgies that nightly occur, and In which half a dozen, females and several males take part. On Tuesday Tues-day night Mr. Clute ran three or four males ofT with a revolver. 1 le says he both telephoned b and made, personal npplicatirfiT ftKtllP city marshal's office, lilt IToifteir-Uon IToifteir-Uon was paid, aud he applied to the Cnlteil States marshal.' Theileputles went down and arrested half a dozen frail females, with the keeper of the house, Mrs. M.Morris. Judge Powers was retained to defend them, and the trial before Commissioner Com-missioner Greeman ia to be held ou Monday, June 0. Jerome Ip, Albert Igo, and Sharon Atkinson are the owners of the house occupied by the women complained about by Mr. Clute, and are wanted for maintaining a nuisance. nui-sance. The first named was arrested, arrest-ed, but the others are in Colorado, and the case was postponed till June IS. to await their return. The examination of Henry Hauser, on a charge of rape, was concluded before Commissioner Grecnmau yrsterday, and resulted In the defendant being required to await the action of the grand jury. Tho evidence against him was positive, posi-tive, and bail was fixed at $5000. As Hauscr could not find bondsmen, bonds-men, he was sent to the penitentiary. peniten-tiary. This afternoon John Morrissey was l'Cforo Commissioner Green-man Green-man on a charge of rape, committed at Bingham, on an 11 -year-old girl. His bail was fixed at S--000. I-OLICE ITEMS. Jenkins Llewellyn was fined $" for bring drunk. AI. Monger, August Jaeschke, John Selon, C. II. Thlede and John Alien were arrested on a charge of nault and battery. Mun-ger Mun-ger and Allen were fined Jo each on a plea of guilty. The others are to be tried. I. U. Tobln was fined $15 for disturbing the peace. George II. Read is under arrest for cresting a disturbance, and Thomas O'Connor for being drunk. rnoiiATE COURT. Proceedings'' In the Salt Lake County Court yesterday-. lZslaleof George It. Ayres, deceased; de-ceased; order made fixing June 10, ISM, at 10 a. ra., to hear petition for letters of administration. .Estate of Nils Niln. deceased-order deceased-order made appointing John Nefl, apprab-eni of sal J estate. Estate of Henry Lewis, dee-cased; order made appointing July 1, at 10 a. in., to hear ietItlon for order of sale of real estate. Estate of Edgar D. Simmons, deceased; de-ceased; petition for letters of administration admin-istration came on regularly for hearing; hear-ing; proof of posting notices of time aud place of hearing made; continued continu-ed to July "S. at 10 a. m. Estate ofltobcrt Prluglc.'dcceas-ed Prluglc.'dcceas-ed petition for allowance of account and for family allowance camo ou for hearing; Mrs. Pringle, Mr.Castie-ton Mr.Castie-ton an I James Sutherland were sworn and examined; order made for family allowauex- of ?-B per month from the death of said deceased deceas-ed up to present; proof of posting notice no-tice of time of settlement of account made, raid matter having been continued con-tinued to this day; said report or account ac-count not being one that can lie passed pass-ed upon by the court was left on file, no order being made in said matter. Estate of Henry Collins, dcci as-ed; as-ed; order made appointing June 7, at 10 a. m. to hear Iwllttoii for order of sale of pcrtonal proirty. Estate of William lSlaeUiurit. deceased: decree made showing that due and le-gal notice to creditors had U-en give-n; order fixing day for settlement of filial account and of dMrilutiou. Estate of W. II. Wilkinson, deceased; de-ceased; order made fixing day for hearing return of sale of personal property. I.itat- of It. V. Morri", deceased; order made fixing date forbearing pi tition for prolate of w ill. litateof IMward Drain, deceased; order made fixing June 7, at 10 a. m., to hear petition for letters of administration. ad-ministration. Estate of George Grantor, deceased; de-ceased; order made fixing day for settlement of acecunts and to hear s-tition for distribution. Guardianship of Christian Moore-, an incompetent pe-rsou; Loud to Christian Moore ia the sum of $6,iH0 appro veil. Guardianship of George A. Sloore, Elizalieth Moore and Helen II. Moon-, minors; bond to each minor In the sum ofSAOOO approved. Estate of Daniel McAllister, deceased; de-ceased; order nude of ublie-atioii of notice to creditors. Etato of John Twisg-j deceased; de-ceased; order made ap-oiutiug appraisers. ap-praisers. Estate of S. M. McKIbblu, de-ceasetl; de-ceasetl; case coutl nue-d. E-tate of fallla La rsen.drccasid; only made fixing day to hear jti-tiouTur jti-tiouTur order setting apart property exe nipt from exi-cutiou. Istale of Frank Crocker, deceased; order made fixing lime and place to hear I tition for order of sale of real estate. |