Deseret Evening News | 1901-11-15 | Page 2 | Eccles Wants New Trial

ECCLES WANTS NEW TRIAL Motion Molon for rot ReOpening Timber Cutting Culling Case Caie CaseIn In the Federal Court K it J lolen Vapor III lii II Dulled Slates Court COlI Alleging Ulo luu Ar Article Were Vcr Iro Filed July O OU Ut OUA ouA UtA A motion moton for R a 1 now new trial was wag WI filed fIed In the federal court today by Lindsay It I Rogers attorney for tor Or the tle defendants In the tho cane n e of ot the United Unel States agaInst cor cur David Eccle I and Hiram Spen Spencor Judge Marshall recently n ly f und rc agal t tho thu defendants and rendered judgment In the sum lum vt of lf and costs for tor having taken timber from government lends land In Idaho The Tho court without considering whether hether or not tot the theland tle theland land from which the timber limber r was wita taken wag Waa wa adjacent to 10 a 1 new railroad line Jine decided d against the ho 0 on tho the ground round that the tM Wan tyas taken prior to the filing with wih thOi tho di ot ut the Interior of cit t the artcle of I of ot the railroad No Ithe the defendants come em through their I literacy and tile Ills tilea 1 a n motion to have haye the fourth t stipulation n 0 t tu to factS In the tho Uli previous papers struck out oui on the tho ground gound that It Is U IsUn Untrue Un true The Tle stipulation referred to Is about tho the filing of ot the tho articles of In Incorporation incorporation corporation ot of the with the secretary of or the th Interior and It Is now alleged that they were tiled lel July 20 1899 Instead of ot on September 30 1889 1899 as alt heretofore stated This Is la tho the bas bait baitIs ba basis ni Is of ot the tho motion for tor a 1 new nw trial Two were fed ln In support lu ort thereof