| Show JUDGE HOWAT AS WITNESS Co Counsel Permits himself tG b be Interrogated During a Trial SitU Salt Finally or Want nn or Of Dull Davis County After the tho of n a jury the making of opening statements by coun lel hi on either tide and the examination hd and ot of the plaintiff fudge Cherry at noon today without t prejudice the damage of J 11 Roth vs 11 the Rio Grande Western RaIlway company for tor want of lf jurisdiction 0 Roth who Is a traveling salesman representing n a St Louis house alleged In his complaInt t that on JUhe Glast 6 ire he was as u a passenger on one ot of the tie fondant trains runn lg from Ogden to lake lie 1111 became In Involved I In n a word war with u a porter when shen the latter without provo provoCation ration Cation beat hun him over the head with witha It a club Ihie fhe colored man being a set ser the tho ad company compan uw sued th for tor the Che rt re 0 The defense denied that thit Gleason was its III and alleged that ho was wall wallIn In the employ ot of the company compan It was ul set out I by y the defense that th the quarrel Roth Hath and tire the colored gemmen was 1111 1 a pu per sorrel that It plaintiff got hurt It ivas 18 he had hol undertaken to call eoll Ustah vile lIe names as we well OR as to all him himIn himIn In making the opening statement for tor forthe the defense Judge caused the thc jurors to smile lie when lie said This Is n a e where n a colored man calls n a Jew Jewa a Jew arid and the Jew got mad JUad arid the Jev called the colored man a trigger and ond th the got mad too I Hoth took the stand tins this morning and I related what recurred between hurl al arid Glenson Gleason on tire the train Ju Judge so Howat the witness and no end for tor the jurors and spectators Counsel would ask Hath a question anti and the WoUld reply pi b by asking Judge Judge Howitt was waa the more willing witness bC b the two lIe answered all alJ or of quos quell but thO tha latter objected to quito quite a tow or of those lI b counsel After Roth oth had been excused used from the witness stand Judge called Gleason for tor tim purpose ot of finding out where about the assault took place Gleason said the took pla plaue t between Layton and Farmington Jud Judge e Mount Howat then called Attorney Par lar Pare hey e I L Williams and proved by him that the country between the two to places named was US In Davis Dals county Judge Howat then moved for tor a 11 dismissal or of orthe the ease case for fol time the want of Jurisdiction rime court grunted the motion and the suit was dismissed but without pr ju dice Attorneys D S Truman and James JamesA A Williams legal thes will now bring suit In Davis county No one OM outside ot of Glenson Gleason seems to hare known when the assault took plaCe Hoth being n a stranger was unable to say eny but Ire hu thought It was somewhere near this city elly and amid ot of course his attorneys concluded It was In Salt Sail Lake count |
