| OCR Text |
Show IKJDLX DAlLi MtTlFFREYJDX TRIAL clared tiu it iH,;jrULt m i re It at feUik. II itutt Ur Lm bvl uture vt eofctnadii-iar- y THE rElSOSEBCOSTEADICTsTHE was indeed a emst cm and muJ of mta arg-ora- -- r TilE lh oa iLe le3.nxD all BM-by tLe SITMIi CITY IS E2IEF. ON. Tnx itoi rtout-co- e ec-tiu- A Wl OF CATS VEE IS THE YAE1K. the cay ejiclaje. ll u Ut ul run vf crly CiMA f BUm U lUlt l it. P. Verti.t-J- wk fcr KkWr fr Tkrtc Tr U lie it Srau layrtmMrM rite'Urj. nifcl in tL First DUpotitioas District court, Judv Juie A. Hioer ridinff, oa yesterday fdVoms: The People rt. J. IL Jlc LugLlia and Frank' McMaaus; arraigned on charge of forgery. Took statutory tim to plead. Th People ra. Joseph Powera; defendant vithdrew pWa of sot guilty; pleaded guilty. Sentence, three yeara in the penitentiary. Susan N. Maaoo ra. J. M. Mason; order for decree of divorce. Swore tiro Makoe y k Perlona for plaintiff. Default entered. The trial of Ed McCaffrey beganain yesterday forenoon, after the bearing of everal minor case. The proaecution put on the stand Jack Sleith, the policeman who put McCaffrey under arrest, and Jailor Tackelt, w ho had him in charge for several days. Also Ga Morrison, the barkeeper in the Capitol saloon at the time of the shooting, w ho test i tied that on the night in question, w hen McCaffrey fired the shot he was at another part of the bar from that near He saw the which the men stood. revolver drawn however, heard the threatening and saw the flush of the pistol. He corroborated the testimony already given, that McCaffrey drew a knife, after the revolver had been taken from him, and threatened to ripopen bis captors if thev did not let him go, and that he had bought a glass of beer at the counter and said to him, the witness, "I want you to testify that I did which witness at this in once said he would not da Part of this testimony was afterward impeached by the defense as contradictory to that he hud given in the lower court before Judge Preshaw on the preliminary Deputy U. 8. Marahal hearing. was railed to identify the revolver used by McCaffrey on the occasion in question. The prisoner was put on the stand and repeated his story of the shooting. He set up from the first the plea of His testimony regarding the dice throwing was the same as that given by the other witnesses, but when it came to the latter details, he mappud out an entirely independent course and boldly contradicted much that had bsen said. By his story he did not throw the dice as the other witnesses said, but won the money fairly, but Noel coolly pocketed the money and refused to replace it and was backed up by his friend Jago. He drew his revolver after having seen a slung-sho- t in Jago's hands, and as the quarrel grew warmer he found the men advancing upon him in a threatening attitude. He covered them and ordered them to stand back. They continued to advance and he to warn them back, and they to tell him that he did not dare to shoot At length, just as Noel was making a move to attack him, and with both men between him and the door, he tired the ball into Noel's body. He took the revolver from the hands of the prosecuting attorney and showed the jury the manner in which he had held the gun. He denied having made any offer to tho men to allow him to escape or any request that they testify tha he had done the shooting in In fact, he denied much that had been testified to by the winesses for the prosecution and stuck closely to his denial. . Judge S. M. Preshaw was sworn for the defense and testified that in his n capacity of justice of the peace in he had McCaffrey before him on the charge of shooting Cole Noel. "Witness was questioned as to the testimony given by George Morrison, the barkeeper. This was objected to by the prosecution as improper, since the witness' testimony had not been chalTo overlenged at the time. come this objection Morrison was put on the stand and testified that in the justice court he had not stated that he hid behind the bar and had not said that he did not see the shots tired. Judge Preshaw, being recalled, testified that it was his recollection that Morrison had testified before him that he dodged behind the bar or the screen or something and that heJhad not seen the shooting. The defense here rested its case and Prosecuting Attorney "Evans begun his plea before the jury- - He pointed out to the jury the different color given the whole affair by the fortunate and almost miraculous recovery of Nole from a dangerous wound in a vital part of the body. He pointed out, however, the fact that there was some exhibition of murderous intent. He pointed out the contradictions in the testimony of the prisoner and made a showing of his murderous intent He believed as firmly as anyone that a man on trial should have every advantage accorded him by the doctrine of reasonable doubt, but insisted that the tendency growing eo common in Utah to draw a revolver and shoot someone, on slight provocation, should be checked. Attorney M. A. Breeden, for the defense, made a lengthy plea, beginning with a reference to the statement made by the prosecuting attorney, that the ciise was a most important one. He de u ," e. e. Og-de- Erptrt of tke Grand Jary. TLfi3nd Jury case into oourt at about 4 o'clock yesterday afternoon and made the following report: To the Hun. James A. Minor, Judge of the Fimt Judicial District court. TLe Grand Jury having completed iu labors submit the following report: We have been in eesewn nineteen day, have found seventeen United KlaUa indictTerritorial indict ments and forty-fivments, we have ignored twenty-ninUnited States charges and seventeen Territorial charges. We have devoted nine day to Territorial business and ten days to United States business. We have examined the eity jail and find it in good condition as per the report of the committee attached. We have also examined the county jail and found things there in general good condition aa noted in the appended report. We have also visited the Territorial Reform school in a body and made a thorough investigation of the affairs of that institution. We found everything in a neat, clean . and orderly condition. We questioned the inmates fully and freely, and rind that the affairs of the institution are conducted in an orderly and systematic manner, and that the officers of the institution are entitled to great credit for the same. It will be noticed that in United States cases many more charges were ignored than indictment found. This we find due to the carelessness, inefficiency or avariciousness of commissioners or magistrates in committing for an investigation cases without sufficient or no evidence at all, and which should either have been disposed of in the lower courts or never have been begun in the first place. This applies particularly to the commissioner's courts of Logan and Cache county, and we heartily disapprove of the government being put to the enormous expense these cases are made to entail with no ground whatever for many of them having been brought at all. We desire to thank the court and the officers and attaches thereto for the kind courtesies and considerate treatment we have received at their hands. Respectfully submitted, W. N. Shiljxng, Foreman. A committee consisting of O. P. S. H. Cave, J. P. Bauscher, J. A. Stephens aud M. D. Cox submits a report concerning the condition of the city and county jails. There is also a separate report by a committee consisting of W. W. Corey, II. Berry. C. A. Nelson, P. O. Holngreeu, J. S. McCaully and li. D. Ensign, approving the condition of the city jail. At the suggestion of the grand jury and of the prosecuting attorney the ' jury was excused to meet again, on tH first Monday of February, 1891. e e Har-rima- The County Court, The mooting of tho County court yesterday was devoted largely to the consideration of matters interest: :g both the county and the Ogden i. II t springs Railway and Resort compai .'. The franchise of the company for its line extending from North Ogden to the Hot Springs, which has hitherto been unconditional, was finally settled. At certain points where the rails are laid too close to the property line the company is instructed to move the track to the required distance therefrom. ;The recent petition of the company for a right to lay its tracks on the road to the Hot Springs, via Harrisville, was referred to a committee consisting of the selectmen to investigate. A petition, with about fifty signatures, was presented, asking for the formation of a school dist rict in the western part of Harrisville district. The assessed valuation of tha property in the district proposed is $GG,4(K), and the people the people think they are rich and numerous enough to keep one school teacher busy eight months in the year. jsiJISnjg 'aajrcvM 'H jCho au) ui uiojj ijueseid i9 a& iao ;oo98 oj einj seng oqj eABq om i neo pus pies si i Bqj "V jCjuo nd5 JSanoA GLOVE A MATCH. "California" Dempscy Propeses to Best the "Montana Kid.'j On next Tuesday evening, the 16th there will be a ten round glove match at the Novelty between "California" Dempsey and the "Montana Kid." Dempsey agrees to stop the "Kid" in ten rounds or lose the entire gate money. Thfs will be an interesting match beyond a doubt. Though the sale of wraps has been great at W. A. Wright & Sons', there are many left. Don't buy until you see th9U. Dress shirts at cost, M. M. Miller, h street. H22 Twenty-fift- Atterbury, Dobson & Co., hatters. leadino oe quk'y ihocgkt iLe K fcard Weatherbj did ik4 Ut the fir departnect' Mr. 1 k aa driver U the U cart and Mr. J.jJunaue 0rer ro:l .t y Tm Jury iaauaj WiU C'nxi"!Lbe mlfX it w a UMjfTm . TLe ivgtrtioa is Z BIT 2uiEi and lL fait that driick. Ha Bfiift-rt- l I'JSC1TIUS,8 WITSEviES. and tauau cpua him by the r-- who robbing Saoinurf Gives uf tkt Etideuet Llm; that Le had re&aue to fear of the ( oatpasy Iiillisl ti t&e Lacdi of tLe Lo at the two awmlanU tfee the f Wiuifetei&sd i Switch Engine tt! Iliett4 Arr. were Loth Urg and etrocly built. AtturtM-- Evans clueed the argument fiit of ike CuasstL for the people and the jury retired. a A t m impor-tac- cm WEDNESDAY , DECEMiiKH 10, levu. CUMMtllClAL: ia. Ml or KieatJ, ainoe Lu return from Chicago, Las ben eallei to Idaho and He is Tto Ya.4 1W T Ia Ikfciad Via Sow Oregon oa UDportast butneaa. -- Aa at present in ldata mi V.L k! Fp!aua at Iffwri la Bete Deputy Marshal MeCMlan will brii-- g un frviji the pea the foikityf to olead: MrU-- Tram.. C T. L mats, J ime Sijrlar JLarry Oiand, The strike in the Union Priiic yards JaOK Smith. Thuciaa WiUun. eonllnued during yeslrrdsy. Xo reguCoucty Ork Ididge yesterday islar switchmen were on duty. Sume of sued a marriage bcetMe to Stephen Mithe men circulated a etition asuocj; lan, aged 55 years, and Mm Martha A. Oden busineitt houwa to get signal urea IL, aged 50 years, both of Ogden. m mt expressive of svoipathy with tbetr nA at f t? movement It met with moderate suc- - Perv's ortioe for the kbrarv entertain ment on January L It m (Wired to sell of them. The price are 1aO The interesting Teature of the day at leaet ....... 1 -- - . I mill. was the fact that the saiU-- enioes did Ui J iUU irirui;-uiFire Chief Rhodes got a new patent a good deal of work in spite of the walkout The local official j( the ooajpany Ksiaa riifjk VMfitrljiv that I. a h raw It M flexible alao, and got out end handled the engines tltem-Mve- s atyle of rut-ofand releasej good many cars u'a "dandy." He tki has a boae L'ate. that bad been standing stilt It was to shut off one stream without stopping estimated that at the rate thing ere alL moved yesterday it would take about J. IL Young's Lots rao away yester two days more to relieve the blockade. There have been differing statement day and its owner came out with a as to the reason the men had for going sprained ankle. Another runaway took street around out As near as the truth can be ascer- tilaeefrotn Taenty-tifttained the ruction came about in this . south on Adams, and ended up on Union Square witn no very serious results. way:Up to about GO days ago the regular On Saturday evening next Miss Adecrew for a switch engine was three men. laide Moore, a prominent English so About that time rush of traffic necessiwill present "A Fatal Mar tated putting two additional engine at ciety actretw, bouse. Jtie at tne t nton work, and to still more expedite busi- riage ntiav ia liv the KVeiwh anthnr. Pijtrre l ness a man was added to each switch Clerq, and Miss Moora holds the exclucrew. to its production. About the first of the month the press sive right of freight business was parsed by and the sw itch crews were reduced to the Great bargains at closing out sale of M. M. Mii.i.eb, regular number, three, as they had been furnishings. TwentT-riftatreet. before the hurry. It was to this restoration of the former size that the switchmen objected. They Thm Ac t lodlaa Outbreaks ! Vmmt. desired to hold the number up to four, There is not the smallest danger of a where it had been placed to, moet an emergency. The company could not eeriona Indian outbreak in the northconcede the justice of this demand and west The conditions existing in this so the switchmen went out and still region have lieen entirely changed by stand on the demand they first made. the building of railroads and the estabIt is difficult to see the oquitableness lishment of means of rapid communicaof this course of the switchmen as they tion among posts. It is quite impossible are not required to do any fixed amount to organize an Indian outbreak nnder of work per day. ten When eye of the agent on reservations hours iiave been put in each the w ithout the conspiracy becoming known. man can ran put on his at and go means of communication home.. They are not responsible for With exifting keeping the yard work up, that dutv and transit an outbreak could be crushed resting wholly with the company. Each in its incipiency by a rapid concentracrew can do w hat it can and let that tion of troops. There are elements which go. So it is difficult to perceive on what might once have been dangerous in the basis of justice the demand of larger situation at Standing Rock a heaven crews was made. sent prophet and a meddling woman A number of railroad men connected of Indian outbreaks is jtaxt with the yards have expressed views in but the age Portland Orcgonian. accordance with the points here made. In the Raddle. cost M. M. Elegant silk vests at A special from Payson, U. T., says Miller 322 Twenty fifth street John Bolton accidentally killed himself The Fire Warden. while going horseback from Paysonto T. W. Collins, having been appointed Salem. In the middle of the forenoon town to visit his sister in Salem, fire warden of the city of Ogden will be left with him a double Imrrcled shottaking soon call officially upon those having gun, with which he shot himself. He unsafo stove connections and defective was found on horseback with half tho flues and request them to comply with right eide of his head blown off. Ho the provisions of an ordinance Boon to was sitting in the caddie leaning his be published. head over the horv V neck. Apparently horse had no u ived f.nce the gun A girl to do general housework is the tiu-t he had wanted at 2350 Jefferson avenue. Good exploded. It is It 'icvod been dead in the saddm two hours. Cor. wages paid. San Francisco Chronicle. 4 ! Ion to M THOSE FINE FULL DRESS SHIRTS -- AT Til K-- Golden Eadei iClothiiitf House, t "Ti.-1- -- M10. WASHINGTON AVK. h t. t h It 'i Best is cheapest. Atterbury, Dob- - son & Co. Fair. A Church The ladies of the Presbyterian Aid Society w ill soon make an extended announcement of their "Fair" to be held next Tuesday and Wednesday in the Presbyterian church, corner of Lincoln avenue and Twenty-fourt- h street The Commercial is informed that the ladies are sparing no pains to make the event a very attractive one to tho public. Dime Social, At the Congregational church next Friday evening, December 12. Musie will begin promptly at 8 o'clock. Hot tea and coffee, with sandwiches and cake, will be served during the evening. All are invited, Strangers especially. Hats at less than cost. M. M. Miijjcb, 322 THEY ARE SIMPLY DANDIES. Just the thing You want to Wear to OPERAS and PARTI HS. THE GOLDEN EAGLE ora Twenty-fift- h street Three little boxes of Ceylon tea, each weighing five pounds, were sold by auction in London recently at the extraordi nary price of $7.62 per pound. It was a very rare variety known as "choicest golden tipped pekoe." The leaf was small, but literally blazed with golden tipping. Wado Wilfong, colored, thrashed a school teacher in Pasquotank county, N. C, in days, and had to skip out. He settled at SeJalia, Mo., later, and having since got rich is now on a visit to his old home to buy the plantation on which he worked as a slave. ante-bellu- IS ALSO HEADQUARTERS For any and everything in the Line of Clothing, Shoes, Hats, Furnishings, Ktc. A fine line of Handkerchiefs, Mufflers, Ties and Novelties, have just arrived for Holiday Trade. Our Merchant Tailoring Department has turned out Outhts, the best yet seen in Ogden. LOEB & MYER, piioPRiiyroKS. 2410, WVSII. AVE. A SNAP IN FINE ACREAGE . Close in on Twenty-Thir- d Street. Fine Corner A.6ro on Monroe, Cheap. four room brick,lot.Mon-.A Elegant roe, near 23rd, large Bargain. A.. SMITH, H. 2406 Washington Avenue, Ogden, Utah E. A. KOCH. Broom Hotel Blk. A. THE OGDEN ABSTRACT CO. (Incorporated.) Office, First National Bank Building, m A new material called rubber velvet is made by sprinkling powdered felt of any color over rubber cloth while the latter is hot and soft The result looks like felt cloth, but is elastic, waterproof and exceedingly light Don't buy a pair of shoes nor a wrap Keep the back, especially between the until you Bee the lines at W. H. Wright shoulder blades, well covered; also the & Sons'. chest well protected. .In sleeping in a Unlaundried white shirts at 40 and cold room establish the habit of breath65 cents worth 75 cents and 11. M. M. ing the nose, and never with the mouth open. Miller 322 Twenty fiftR street master of prints in the Louis Walker, the Druggist, for Holiday British Fagan, museum, is on his way to this Goods. country on a tour of the world. He will We have a great supply of elegant lecture on the treasures of the British white Carlsbad China just now which we museums while on his travels. will dispose of very cheap, and in any A tunnel to Prince Edward island THE FAIR. quantity. across Northumberland straits, a disDob-soFull dress shirts, Atterbury tance of six and a half miles, is the next Co. great engineering feat talked of in Canada. Save Yonr Money. Twenty per cent reduction previous to The only place for Xmas toys, games, removal, on Pianos and Organs, at THE FA III. , and presents. Chcrbik Arnold's. Over Vienna Bakery, 24th St. My entire stock must be closed within Fine neckwear and gloves at cost M. GO days. M. M. Miller. Gents' furnM. Miller, 322 Twenty-fiftstreet street ishings. 322 Twenty-fift- h Washington Ave., Ogden, Utah, Is the recognized authority on land titles in Weber county. Correspondence solicited. DANIEL HAMEE, Manager. Special Ribbon Sale FRIDAY, DECEMBER For one hour from No. No. 22, ! 12. 3 to 4 p. m., we will sell all silk Ribbon for io.cents. Regular price 25. all silk ribbon, for 15 cents. Regular price 35. 2 n h OPERA GLASSES Have OPERA GLASSES ! Ogden Department Store, 2302, Washington Ave. W. II. VOOEHIES, Prop. OPERA GLASSES ! of in Asspr ted Colors from Manufacturers of PARIS, FRANCE, Glass DirectSolid Latest Importation to Holders match. Cold and Silver. Also, Full Line ol Opera Pearl, Crystalized Silver, and DIAMONDS, SOLID SILVER WARE, FULL LINES FOR HOLIDAY TRADE IIIIIHIIUIIIllllllllllllllllllIinilllllHIIIlUHKUlMIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIItllllllllllllllllllllll No. 2483 J. & COMPANY, RAINE Washington Avenue, Ogden, Utah,Gr. - -- Broom Hotel. |
