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Show a'cowibi fee, Slojnlar Eplsolo ?a tho Third DIs-ttlct DIs-ttlct Conrt This Mwqip. A ''III 001) HU.1TI0.V 1,1 LIIOS. Jmlgo am, John )I. Zsi'i " 'd I'Jtrlcy I. llHini WcMllnllut ictors. It wss tho unexpected which hap. lined In Chltf Jusllco Zion's court this mornlviK, and tuulacldcut wm an altoKelhcr exceptional one. Throughout jcalerday Judge Zinc and n Jury sat nnd llsleiioJ pstleutl til the testimony, legal argumen f, nnd leal q ubbllngs firlslng on the trial of au action biouehtliy Win. Ulaisman ol this city, against tho Oregon Bhort Llnu and Utah Northern ltillway company, lu which tho i laiu-1111 laiu-1111 seeks lo oltsln from Iho difsndanU damages to tho tune ol 50.3 f jr dsittlictlon to iittaln iropertyof tils nsar UsrUsllbrach, allegI to havo boen cam t br arits Itum a locomotUe and lhdro plug of fire foni thu flro-box IliereoJ ujon tlio grass and lierUe. IJvorythlng pssscd oil at tbo first day'J hrarlng wltlnut anything out of Iho cjuiiu jti tun ot thlugi, and when thuoout ajmrued lato In tho afternoon It was with thu usual uudentandln;, mat tho caio would aaln bj taken un today. Hut hardly had tho Jurymen taken their seats aud tbo JdJgo remarked, You may proceed wlln tbecase.gentle- U1UIJ, W.JVU Attorney 1'. I,. Wllllami, whs rep-tesented rep-tesented tho dofoudant company, expressed ex-pressed adeslro to call Attjrut) Jehu M. Zin to the wltnosa stand. Mr. Zano and Mr. Graham Putnam mo counsel for tbu plalntllli, and Iho , former Immediately cjuij lied with the , riquist made. Whin he took tho stand tho question put to him by Mr. Williams was as to whether his fie us couutel lu this caso was a contingent one. Mr. Zsnt's reply was lo the etlcct tint he did not know whether ll waa er not, aa his ltw partuor,Mr. l'utcam, had tukeu tho caso In his absents, and had not Informed liltn as to tho mclliod ol comiieuaatlon. Mr. Williams, with a knowing look aud n sickly smile, seemed Inclined to cast some eloult uju his legal brolbe r'a veracity, nnd sat J ho objected to the issn betug tried be.'oro tho court on account cf the recovery therein being upon Ibu question of a contingent feu Bndals9ou acoouut of thu blood re Istlousblp exlillng between tbo trial judgu and the pbilullll's attorney. JudguZane If you maku any objection ob-jection on that ground I do not wish to try tho last. If 1 had known ol this before I woul I not l.avo begun It, Mr. Ztne remarked that slncu the caso had advanced thus Inr and Iho objection had only Just been raised, ho would ntk that tne costs bo assessud against the defendants up to this time. Counsel ha J waited until now aud then advanced a suggestion upon which ho knew whither it was tenabio or not tbo court would decline de-cline to hear Die csie any further. Judge Ziuessld bo would Ioao tho matter of costs alto to Judgo liarlch, Mr. Williams It only oocurrod lo mo alter the adjournment of tho court Tctrerda) afternoon an 1 1 have taken the oarlltst opiartuulty of making mention ol tho set. Mr. Zinc The lact Is I am not contingently con-tingently lnlensted In this caso at all. It lau retalulng fee. Mr. Williams I prefer to laka the word of others for that, Mr. Zsne i.vcn lu preference to that of Mr. Ulaumaii? Mr. Wllllami Yes, In proferenco to Mr. (Jlsisniati. Julge Kauo at Ibis stago retired from the tench and went lulo the udgea chamber In quest ol Aseooiato Justice JJBUOU A few moments later Judgo Iliru.Ii took Judgo Xtot'i scat and without further ado called upon counsel to proceed. pro-ceed. Mr. Zanc, having stated the caae, asked leave to amend his complaint by eliminating the allegation of negligence negli-gence In order to enable bliu to base his reoovery ou Ibe statute. The court grantod this, and Mr. Williams next moved for a con. tluuance, which after a lengthy con. venation tho court allowed. It wss now that Mr. Zane reuuwed Ills application, that the costs against tbo defendants be taxed; but Mr. Williams was once more on his niettlu and demurred, ou the ground that the ihlotlll'a amendment was responsible for the contluuance, aud lliat hence tho oosts should bo taxed against him. Judgu llsrtch took tho point under advisement until 2 o'clock. Mr. S5sn urged upon his honor the necessity of au early re-htarlng of the trial, aud usked that It be taken up someday nexlwetk. Judge llartch said ho dlj notseo his way olear to try tho case before thu next session of the Bupreme court, which would convene on Monday woek. Between now and then bu had a good deal ol Bupreme court work to do. After being further presied, however, how-ever, by Attorney Zane, bis Honor slated that ho would give an mutt or on this point also at two p. in. This afternoon Judgo Ilirlch an iiouuced that he had dicidod to reserve re-serve both qmstlons for the present, TIIK OClUlltrD CilUliOlltOLIC. Tho trial of tho case of Jamta W, Banders et a I, trustees ol tbu Afrloau Methodist l.iilicopal church of this city, on behalf of tile members thereof, va tho National Co-oporatlvo Building nnd Investnulitaisoolatlouor Denver, wiu then taken up before JuJgoIlartcii and a liny. The action la brought lo recover $1000 (aud costs), alleged lo la duo aa damages sustained by plaint!!! by reason of the unlawful selling by the defendant association of seventy shan a of sloik owned by Iho Afilcan M. 11 Church, In May, 160J.. Attorney Blreet (Day A. Street) represented rep-resented tuoplalutltlt; fjr the defendants defend-ants llooth, Lee and Uray, with At-tome) At-tome) John Hipp of Denver associated, associ-ated, upi oared. I quo plalntllli' case Is that on or !-' atiotit Nuvenilier 10th, IfOJ. Mr. Banners, Iho thou pastor of thechutch, subscilttl for ami lecamutboholdir of suvpnty shores of stock li llinik-lindatitass'il'itlmi, llinik-lindatitass'il'itlmi, IIimu being nf thu par value of SidilJ, Aho.lt the U ll of Iko same month thuse shales were assigned sen J tnnairrcd by Mr Bnuderi,toitothcr with hi! mero birthlp, In the church named, but in May, IhOJ, the defendants, It la claimed, wrongfully soil all tbu shares lo torn, I eison unknown to Iho plaintiff. II is uiged that this prociedlng wus oonttory lo tho corislUutloiioudh)-laws corislUutloiioudh)-laws if thu Uo'endiiitr, In that the said shares cf stock weru not In default de-fault inrnou-pnymetilofduiaaud lima for Iho Ittuu prescribed by thu eon. tract ot membership, and lu that Iho notice itqu In d by tho aamn was not glNcn to tno church antecedent lothe sale. MlaCELLANIXlUS. Tho accounts of United stales Commissioner Com-missioner Norrtll wro approved. Dlnwoodey vs Mitchell. Default and decrto of forec'osure for plaintiff. W. U. McUornlck vs. Cbas. Urlsmoo. Default, and Ju JguioM for t UlutlU for JeTll. Sarah JJ, Cavtr.aURh vs Kendall it al. Default Dscrea of fore losuronnd Bale. Attorney's fee fixed utJM. Mory K. Whittlesey Bilt Lake county. Disclaimer. 1) ore granted quitting lttntlll'j tltlii and siltliij aside thtidied. Colorado Midland Itallroid company vsH. C. Cullln. Motion lu et aildo report of referee denied, and Judgment i nlerod In nc-orJauce with re poll. Bhamlra Y. Ilosslter vs IIetr Young ilal. 1'etltlon f,r guardians d litem furmlnrrs. Bjoella W. (' ayton an J Luthlo Y, Lj hell a) pointed guardian. guard-ian. Martha Turner vs. Well, TargOel. Co. and thrcu other banks. Order tuaJu staying tho money lu Iho hau !s ofthoclcrk until Junu iOlh, and until further order of tho court. |