OCR Text |
Show Jt HIE EVER ING NEWS. rAVID .O. OAI.DX3IUA. Esrroa PirsMsnxa. ' ! i Ajto is. tars. Tanrsdajr, tl E W S " THE DA T. P O A Washhlngten telegram, received shortly before sroinr to "'pfewy ys - that the nomination of 1 arker, ror tne Utah Chief Justiceship, bus been , : withdrawn, and that Lowe, of Kansas, has been nominated for that distinguished ""position.' i --a New .York telegram says that the Emma Mining Company have been required to sire bonds la $5,000 for the costs la their suit against Stewart, iarx, etc. pf-- i. A livery stable and twenty-tw- o horses were burned at Cairo, - - . Ills., last night. More deaths by snowslldes In this Territory yesterday; particulars . elsewhere. ' - . s -- r j yesterday. two a between In residents of quarrel Brooklyn, N. V., one of the n was fatally shot. Another thief has been found r; out a Boston amount stolen $33,000 to $40,000. " More damage ,by flood In dlf-ferent parts of the east. ' Mr. Batty, shot , by Fryer at Tokerville, U. T., on Tuesday, is dead. -r Moody and Bankey are still the great attraction in the religious world of Loadon. ,,' - Gaorge M. Emerson alia Col. F. VV. Fenton, a ten cent swindler, has been arrested in Washington, i book-keepe- ..' ;v ..i,.., , . . There was a tremendous snow u storm yesterday, in Minnesota and -- : Iowa. n There Is said to be great mor- tality among the colored people in . the District of Columbia, Several suspected Ku Klux have been arrested In Kentucky. The New York has defeated the bill tolegislature enable wife to testify against her band. ... Proceedings have been eom- .menoed to secure from .the Sioux Indians their title to the Black . Hills country. r. . , . . " - ! : -- r According to dls- - London & patch of tokiay's date, trouble Is imminent In the East Indies, be-tween Britain and Burmah. The Hawaiian reciprocity treaty was aider discussion In he U. 8. Senate yesterday. ; UFfostJ dirkness and flood pr ; t yaU at WUkesbarre, Ta. - rr. Goodwin, of York' Co., Pa., has been If arrested uponhima true, stampsof bis charge, one ofwhich. as the greatest villains times. For particulars jee tele-- : f grams. " : The mercury was four degrees below zero at Chicago yesterday. A. 1 received this af--; si family of six tentoen telegram that uya named Burt, were buried in a snow slide at Liberty, Ogden Valley, ; yesterday afternoon. No delay la Id be granted in the execution of Vasquez, and that of will, It his sen prince tence Is carried out, bid farewell to mortality, at Ban Jose, California, -- 1- . , r cut-throa- ts c, to-morr- l , 4 A letter from Florence, Arizo-sva- ,! says that the supposed Bender. under arrest, there, nas confessed that he is the veritable Kansas he Is not guilty of Bender, but that r tS , , i murder. The Caflists lost two hundred 'men In a recent engagement, .) is announced A failure heavy In London; liabilities' two million - -- - ' i i --- dollars. ,; -. (.- : of physicians Is to.be Jury armolnted bv the Trench srovern- OX menU to Inquire into. the Bonapartista enjoying pensions ob account of Infirmities alleged ' td have been contracted In' the service of the state, i The gold fever Is raging badat Yankton, D. T.. and parties ly are said to be organizing there to proceed to the Black Hills at once. -- A. L; w a ; .The Tribune is re-Chicago . - .1.1 tU.t xur me i,u fwwuioui sponsioie two of the Black Hills miners who reached that city lately with the avowed object of organizing ad ex- rt1ItWkn- - Utrt suddenly arLer navinfl? received five dollars each from five or six hundred persons who desired .! to organize, - j .... j, t.. John ," Robinson, the well put in nomlnatlen for Mayer of . i ; ; ; " Cincinnati. --The General South American has sus-Banking Co. ! London, . , penasu.. r The republican Senators held J.r ' ' a Caucus on Louisiana affairs this , J. ; : f morning. Is eight U.lP. The express : hours late at Green River - from demanded has Spain Germany the extradition of brother of Don Carlos, for s. violation of the common laws. . 4 - .. i ; j . i- w . : 5 s - ? ! to-da- y. ' AI-phon- so, The Archbishop of Cologne, on behalf of the Prussian Catholics, has petitioned the Prussian parliament not to pass that part of the Ecclesiastical bill which Kives the people a share in local church property. In answer to the petition , ' " U ..the government has had the bill chanced so as to deprive) priests ol of all share in the administration ; r said property. - ! OurCountry Contemporaries. Utah County Times, March 1ft Last Menday, in the First Dls-tnct court, jonn Aiau mi r.,was sentenced to imprisonment in the pen itentlary of this Territory, in Bait Lake county, for the term of three years, and that he pay a fine of one . Aundred dollara ? .. .;- -. and Alma Green. wood, two of the party charged with brutal as being implicated in the upon wiuiam Xi. neuy, at ' sault American Fork on the 9th Instant, (mentioned in the Timet Df last arrested and Thursday) have beenand on jester- to this city, brought gay waived an examinauou, uu were held in bonds of $500 each fox their appearance before the District Court at Its next regular term, "j who had an ex- Henry L. aDavis, w oays ae oeioxe amlnauon "W. EmeN it h nnmmlalniMr OLand for stealing killing eon, Esq., aca two year oia sieer, ana wasevisufficient Want for of quitted dence to convict him, was arrested Mtaftl&v afternoon by W Turner ou the sheriff J deputyad davit oKWUiiam ioru, or who claims to be the VSP f,t sa!i! steer. The defendant an exam by his attorneys waived 1 nation unui tn imaay, the default Of ball ininsw, atum1 p.of m.&00,Inthe prisooec was fnTin Tlnhlnson - - ;nr - trims-ant'Grov- . - 4 i oircHTBimriiiiiOR. f Third District Court for the Territory fUtab: i ICateFUnt, Jeter Clinton tt alrr Request to charge on behalf of the defendant. L By -- the common Jaw bawdy houses are common nuisances; they are such by the statutes of this Ter ritory, and by a valid orilDnce of the City of Salt Lake. Said laws and ordinances authorize of--the re- such moval and suppression nuis&aces by abatement. J 2. It is within the competency of the legislature to prescribe, or to authorize the Common Council of Salt Lake City to prescribe, that a house and personal property in it, occupied and used directlyViii the maintenance ef a bawdy house, shall be forfeited or destroyed. 3. The ordinance of Salt LAke City, which has been put in evi dence relating to bawdy houses, Is ' valid. 4. A lust ice of the peace of Salt Lake City, la 1872, had Jurisdiction to hear and .determine complaints ef the keeping ofs a bawdy house witn a view to tne punlsament of the keeper thereof, and abatement of the nuisance; , also to determine whether a house so complained or was or was not a nuisance wltuin the meaning of said ordinance; that on aetermlnlnir a. noose so com for plained of to be a "nuipance being a bawdy house, such Justice had Jurlsdlcuon-taojuage tnat property used directly in the maintenance thereof should be destroyed as a mode of abatement. '.: j 6V The proceedings against Itate Cllaton as jusFlint, befere Jeter which have been tice of the peace, put In evidence, show on the face a valid exercise of such .Jurisdiction under said laws and ordinance, if the Jury find that said Clinton was then a lustioe of the peace of said Salt Lake City; that by the complaint, warrant of arrest, 'arrest of said Kate Flnt anu her presence before him by means of such arrest, said Justice obtained Jurisdiction of the person of said lvaie, ana tne complaint, subject matter which was a - Jurisdiction to hear evidence and determine ; whether of she was guilty of keeping a house stated in said ' proprostitution, aswhat preperty should ceedings, and be destroyed to' abate, the nuisance. 6. A cenerai Judgment, otherwise valid, that the nuisance of a bawdy house, kept by the accused at a designated place, be abated, and a war rant, otherwise valid, In like general terras, to execute such Judgment, are a lawful, Judgment ana warrant to autnerlze sucn acts as tne jury - . -- , e, - tu com-mitt- to Jail. ; J!J-i- . . o - f CHARGE - JCJXJB MCKHAN THK JURY. OS TO, Gentleman ofLlho Jury In the -- case in which you have been sitting so many days the counsel for the respective parties have requested me la writing' to charge you on certain point s ef law," or which they have supposed was law. These propositions ate numbered 1, 2, 3, etc., by the respective joounel., Same of the propositions are brief, some are more extended Borne of .these propositions contain a few "lines that are correct, while the other part 'Of t Jem, Is .incorrect. Now, where a proposition is expressed in lines, If there are ninesayjwenty teen of these lines whlclrX think are right , and only one line that is wrong, I have to .refuse the whole proposition.--- I "must give it as a whole or deny it as a whole. If I think there hr one defect In it, I must. the whole proposition. I may deny perhaps, If the time admits,1 explain to you why I deny it as a whole: or I may' simply say yes or no. Counsel in drawlog up these propositions are supposed to regard them; as , law,, and if they, .are In doubt about it. or If theys suppose the 'court' erred In' giving or refusing; any of the--i instructions, they save the point and reserve the right to have It revised by a higher 1.: : - . court. -askedf bossy to. you on the I atu part ef the defendants- , die it up out of the way or remove t, so as to inoonveoience the publio as little as possible. . The nuisance could be abated in that way with out destroying the ' property, and they could even fine him for that nuisance without going to the extent of breaking his brick or other You -- see, " gentlemen, material. there Is always a proper to do a. proper thing, but thereway also may be an Improper way to do a proper thing. In enforcing the laws, we Who enforce them are governed by the law ourselves. The law which points out the crime also points out the manner of punishing it. I may, have to sitting upon this Bench, sentence-- - of death, and t has been my to do so, but I lately must take careduty that I keep within the rules of law that are laid down. If I do not, if I go beyond these rules, a higher court can set aside my judgment, and If I make any mistake, no one would be more rejoiced to set Tight, that mistake than myself. I should bo very careful that I do not sentence a man. to death wrongfully. I must keep right within the law. siSow, gentlemen, whether it be a Justice of i the peace or a district court, in Inquiring Into what property may be . destroyed, It must render Judgment and direct what property shall be destroyed. No court has the rights to order properso party to be destroyed .without ticularly describing it aa to direct , ed : It no lonserbesald, That ncK j'fWbere torloos monto . man naying, w twiin raofhl at Coun' -- M t?Th r Tst 1 the last heard " bf blm sinW he , left, deputy V. S i-- - Let , - j.tn. -- J isihlra:ontslde the doof or was in XkU Oty, while he Mrs. Jreom supposed to be interviewing to itution' Mn Vau ! ; I , . . . be-lcalle- d ill-fam- -- -t 1 : 1 - -- , thing.;,! ve - 1 . vi . S ' '. -- ill -- not-know- n - e-to !- e 1 nul-sance- bmir , 1 - r j, j t " mm a 'Trains leave Saady..... Leave si - . ' Baodv...vf rjt. sso 10 ess T 48 S Jt i .' t ; S S IS SOS '... tn American Fork-- .. .. .J seo Ptesaant Qrovs.,.,... e 8i soo 10 10 61 11 S3 11 43 M. s so 4 00 ..... . ...... Prove.... Bsrinjrvilter Bpaniah , Psyen -- .. SantaquiD,..... , f Arrive at, . '; 4 00 i Tram leave;' is tei Terminus, . ....,. IS 67 Saotaquln,. ...... I 17 57 East Temple St., Opposite Wells, Fargo' iffiee. iss Im SOI ' . 8un-.ai .... ys ' apply Eleventh. '. i F, IjITTIiE, . . ' , Omsral 8upt1nUnd&L j Well, this Is a sort of definition of the words wilful andvmalIcious, JA3TBS SHARP, V- Centra freight and Ticket AgmX.- but I prefer to ; confinei myself i to the words of the Statute The Statute says, where the destruction Is wilfully and- maliciously done, you may give three times the value of OTAfl CE1ML BULfiOAE tne property.' Tne meaning or the words in our Ian era ace are found In "4 W JPioneer of. ' UtaH. . I the dictionary-.- ' and It Is not neces sary ior inetAran to go into tne aen-nitiof the words wilful and The destruction Should be and wilfully maliciously done be fore you may give a .verdict for ' 0 AMD ATTXa jAJTCAaT lav, 1174, three times the value. .' ; :f . .: , Twelfth. ,' - s BanyV.irraiiii tfc No.. JU f ' I , qfr. , . i i 140pm ." "STarmouth Bloaters, " i t ndinburg-- Oat SXeal aa4 -- 4 S6 .. ' S33w Oat'laXesd'brits, I, r. M ! 4 IS .i fTSr Yes, gentlemen; that's so. . Fourteenth, . : j..' TOT5 US "tU ' No, gentlemen. I caq't say that. Kaysville. ' ' 4 a" Arrive si mere are some things for which a 1 7 60" S40 S ' S.Q9 party may be. sued in a ! civil action 1 Ocdea. ffO, S. ,. A0..4.W l.: i . ... and also indicted in a criminal one, ( - 1 Ponr-rPaefr. . but I can'tu charge youl that there ' must be in tnis case as conviction Trains . 40 am ePM. for the criifainatx)ffen8e; before yon tf ' .. Osdeu can give a verdict for f civil dam . ages. On the part of the plaintiff iara ramtno t , ".,i -Xv sa-tea requested to say "us ; : i tSF Remember of ithe Post Offde. 0...-.- ".: Oldest, Lareest, and Wast" Perfect in uw uoum . States. ,juoaiuianr H Howte Xastratnent ever obtained other sToaloal tae aa mi popularity. : fiend for Fries Lists. Address, BUFFALO, JS.T, PROVISIONS. are oonstantjy receivlnr fresh Iss, We S.ot statins' of iJ Second,;'' . J' I from $20000 to SHMMO yurehsss Tbe fact of onr belns the oldestannually. asd Xaro-e- Ciioick TEAS, , In tbe United SUtes, with 64,000 factory a urg-annow in use, wui atKns tract bayerstjteKneoos and tbe merits of Lbs instru COFFEES, ments will nu them. d4S OBa A. PRINCE a- CO. sugars - Li: : : . . f 1 v ' Cross.- m here Interlined, i In pencil. I have ftaa.V ..a a as we are aeaune witn in ioiz." of the peace at that particujustice lar time. I therefore say. Justice of the peace in 1872. There has been some legblatlon since and I don't care to say, any thing about that at ' , all. ...i. f .... ;i .? t . Yes, hive gentlemen, I already said to you that Justice of the Peace . , , su .irju - ' . Arrive at alt Lake. fz-'- 10 . . iL- - " 8S9 J 40" f:tni ' ;if im ?- Yes, gentlemen Jt ps. In exethat warrant, the Justice cuting did not keep within his jurisdiction. -- ' 109 . i j WS THE ' ax- - i. ftr . s Oen. Fitkfht and Tksket Atsut. a KM. BPPXMTiirrKwiiBjrr. Oooklns; and Heating HtoVes and Steve Furniture to be found iu the iiWftsfi'feAlvk AVTFR BtTHDAr. rBB. TtbC 'Alio OSU76j and until rurtber aetlos the, g-- !;.,,,. ... ? .j .. . IT ! - - 4 t - r. a-a-w -- 1 . m- . ;. 7- 1 5 - - - - -- : - - riht end axe set 'hy others, let us bo arito it and learn by: It.' ;: ? i t, "Couns'4 tit "de5n2artar' tyezp&& W'the' - am'sMTTaVsMT' VTul. tislis I I li J Ju. " Zv V Lvil EL.-ft- L,J CA deliver Ci) Jv 't j THS AttOTl CUI t bra Led brand or Coal will be sola ss- oluslvcly st tbe new rales depot, ea J ' " if , Ul ,.', r Sup'. , , Second Weal Street, between South Temple stnd Fires Sositli Streeta, I .i.;1 i it.1 east of Bryant Bre't Immediately -- JlU.t ''' LAtmUer i. Seeds, whina ha win i i PL at regular prloes to order, within a from residence, two south of Court Bona. H wul also send seeds mail, to of post paid, any part the UnitedbyState s, la packets and ounces at ounce rates. rr. OMeetione of flower 8ed by mail:' : Vet. 1, X varieties of Anmtk, i.tl1 00 slis "- Biennial and rerennlasi, 00 S.1S vrrensouee or wiasew t : . lyardi,: a Bl uovn,.. i aorrAjzii, jvtsv I . jy nrvs lxt 5k cifr iitbis fcol II ifia... ....... and added UKB Machinery tolooiar theretotbe Tnote and are prepared to do SlILVIU, to WM. I lUOSi I CO - 2resnd kt Window s; ico Xcwanl Airs Setd PdLaUxs hu Mail; --lhlMfl.V. MB IX rTiTfi? BM.' groesbech: it cuisnou, SILT LAKE - aUruljnowers,- Greenboaes Beddinjr and Border riasts, flaats, Fmlt Trees, the leadhis- vaHetes n order to make a chaww In the nursery t srlllssUlaeaaotlty very cheap. , , W.B. Ifa order br null nnU. m. WlU few ailed, and to 1 astir etteniioa a ra. nUttanee saust be sentsonVuent te cover .. aoaount ordered,-- . ' 3, t-- HaXWKLL, Aossss, - Bait lake City, Utah." St WORKS, All Bleea eC it :J , - IRON and BRASS CASTING aji.. v FORGING, TURNING, . EKGniEEETAKEHOTICE. ' c Pile Driving; am TTTB WM.p J: SILVER it f esBaasssass ' HECE53ABY MACHW- J n aano. and . pre-peffd- s P." CJL Hboi ' L M.Blc&tfIB.ftlot jo FEjBiiTtidBrifisBiiiEj, Cans far Tarsias m. CCCrs. -t f fNrl Parses frsrvr r.-rr- eoaauiTSJiisJiT. iet 5 . - years at tbe tor I am aasks eeatraets business, any sad every v .thsg thirds vtt-- s : tr Msk )111 aiisw etr U,er fourth, seventh, v eighth, "ienth, u oxxaju jam cmcAQo. tVein.h and fourteenth i requests,-in- d also "thercliarse In answer tp WmtTOroery faucet, and t C. P. n ij Ztl I y Job bWn tyr the diTwnW T e grstipd secoiLcl and to the'gtv- - sosalalwaasnrrtasnsn4 6acimaato7 wltl fr ' ,k L orers Wuere they are not each of ef the Izz thp rr;t:!3 pn otrctillJ,. t, CtiaT part of the plain tiT, and to the HtmCerl Qea'l Ar CosioV XT. trrweiiiu' gajft, Luw, sUan4st charge as a whole. .aVard, Ealt la&e qty. rs-ser- -tr 1 ICRLSMON! or six blocks ruins blocks west and half set i B - 1 tairty-fr-re ever used en r- -v as4 J raurl arerwwhalit,eTme4 tka Corcprsy between r- H OA VMS ek U : . - the Car or Too t tbe nearest to Main Street I COAL alwsva rlna aaHafaetmn PLANTS tbat AND TREES. SEEDS, la fact that eannot be exoelled I I'- f 'f Learei orders at . OL St. L. Drut eata eisstbS. has a larre ab w nf Store aadQnotand Shoe epu . Teretabls and Flower a a si (iiaUftiada; ir-- 47 ! - " Hv TTAVTNQ aa ir-If . , t - - ; morality or peace. ' Uei us enforce thelaws,buf ! let us t do Jt : carefully.'.. We : are all we de err, liable ts err, but , When ' r 'J, CNxooaXc4 i . and i : . ' v' KStFTHS 4. ' a. . '7 - 4 1 W. H, HOOPER, !. , Si"'a ri 1 a-t- V LOWEST OPWCES. i.e.. t7 d84 : j Of OROCEBkES is the West, as also Iron, Steel, Heavy and Shelf ' Hardware, Gas and Steam' fPlpe, Gas Fitting--, Plows and - other7 A cultural Imple ments, etc.,- etc.-- ' ;. i K'-- i . ' and Grocery- - Depart- ment, West of Eagle Emporium, where increased facilities enable them' to bfier the largest line ef waf, Ac ' FJLOUR " i- - OF mi m immmn r. Old Constitution Building to the p. ax. For aa uiformstlon ooiMartiiai- w apply w f a M. I. STOVE bEPT. Hardware w L iMvln. A. t .V. fit pm., and Ocdea at i a.m. sad a UK . Z. has been transferred from the .!?. n.r h. I Fourth, UtaJt Wteni Railway Co 'i4Yes, Tgentlemesv , butltbe' ' pre. Win run' daitv trains" ry'VsUsenterj and sumption of malice caii be '"-bersscni ,.. frels ed away and, overthrown, explainevi.. .. kt, by .. t. i,.i!. dence, , and when the; malice Is explained away to the satisfaction SALT lilS tlTYASD BffilQFS. ef. the Jury the .excessive or treble damages will not be granted. Txvr 1t tkeChrstT!SOa.av If Where property is destroyed with Arrive at CUnton's at kliaffl. j h U Leavo CUnUtn's st 11:46 ,J f. hatchets or knives? the presumpL30 p.nu U Arrive Lake at Salt at City tion J that It is done with, actual Sf ni ThaataaM malice end 111 will, but when the Decs aa v.' with at Clioten for Tooele, trauis case shows that it was proof in the ..-.- , wrong .to do it. if they had no oani at Salt Lake Cltv. . ' TbseMSk ifckeu can "be procured on tbs malice; and the ' evidence In j the train. case fails to convince the jury that tar- - A f relirbt for, tke West; most be at there wa malice, they r must! not tae U.C. 'yefot oat later tban 4ociok p.ai. give the extreme damages in three . C ' times the 'Value which the flaw Salt Lake . F.r&lMBAtKSupL aty, Fen. SVlSTS. " .:'. .idli gives when it is destroyed through malice. ' But still,' where there is ne tniiace the parties are liable for valae of the actual the property.. ' m f .: .? of the Jury, in utaii rionTiiEnn nAiicoAD. Now,, gentlemen ' the course of my com men ts on Trams Isav Osdea .ally at tJS m m these. written, propositions .1 have . ass rrsnkUn, ,.r, -'A V.! raa,r--'.v..tijos-. said all I deem It necessary to say. I .wilt further remark, however, that no justice of the peace,, no ' FrMrbt 4K Ticket A rent, court or any grade, can regard it as of more 'Importance that those who i a - i: j,,.,. uenaaupt. t are guilty ef offences such as have been Involved in this case, can be more anxious to have them punished than - this court, and I know1 iTDB.WGCOCEiaiSD no fie mora' anxious tlurnr this CbuVt to have this specie of im:'V--' within! the morality dealt with Of law; But let prescribed rulesdone and PACIFIC; RAlLnOAD be,efficers decently everything Eiet in, all in order. courts, Central low HWt line Over- In executing the lateep- them- ffBTt Orsst . will its. Where tta west, 'ity, ' selves withinr the law; tae J the highWe done find is this a4rtMC,Qufckodrj(v est degree ef 'good ordetj moraliThla and prosperity. produces ty, the ; highest amount ;ef - goodto the whole community. Good laws, well executed, always produce the highest good to the whole communlawe are" either the; areity. ,orWhere laws not propeily bad, good enforced, there is Ilttl prueperlty, .s BEST BRANDS O i . .1 trr,, z'v.m WHU, cheese; mm. special w WftL RUN DArLT, Sundays' Clinton, in ordering aq unlimited of preperty to I be destroy-ed- , quantity and such as he did order, to be went ibeyond his authordestroyed, as justice of the and had ity no authority, to orderpeace, . It , to be 'ThirdJ ' .spices; . a . . i . . - rT9 -- '. ' FRUITS and ,1 .11 :44;r;: ; I have already . j,ir . et ! j - TSBW OOODS, eoo- - " . . -- ' iQ Urn ESvtnf no'Arent in fait Lake Cly at the oreseot time, wa aimrainn t.hat (wnm further wotfae) we shall fill orders Ureas Salt Lake and at tbe same aimtmmtm mm City to aniMlvicinity) ikafan who - . C . . - ' GROCERIES v- - i- the place, north FASIILY .. 1 - i K Co's XLme Jniee, Ac, Ac leith PMC! fi CO., - - r Iu Hose Organs&Melod eons. - ' h ' Z ; .. 4 OS I.I ' - , 'Vntravillr ' t--,- - GEO. A. ' r '. IUOam ' , m .... Tan, Pas-T.- V , , f- thing Dep't, 8. No. ' I have already saKI. gentle men, that you may find Tor the r Ham of plaintiff for the actual talue If you Station. find from the evidence'that it was Trains leave hot done wilfully and Maliciously, and for three times the Value of the alt Lake. property, provided it wiis destroyed CrSf . wilfully and maliciously. ; v continue to keep a TjrrfiBRV theyofvrfll TV- - fall stock Faeev and Staple Mry Miiusterjr Coses, eonsletlnr gsessnd ef Flowers, oolorsd and black Cranes. Vel- vets, Veleors. Ornaments, Bat and Bon net anapes ox roe latest styles, iaoes. onos, juooons, etc Jte on ma-liciou- ffeUerMDimdeeltTannaladsl Finnan Saddles, . ; c"v Bon's Aberdeen A. Xresh Serring'(f V..fiivB) Che Store fbrmcrlj occu- To . pled by Z. C. M. I. CIo . f . '"' . ahipmeut of Moir 7 susayran . JUST RECEI VED, at UddeU St Brown's Scotch' ff Store, ........... ,a fresb F. AUflDACII Zl CRO. - - V n ni i I IS ..,,... 8s s Fork..,... ' lin. OfHce, No. P.B 141 S05 Pvankh Fork, fiprintville, rrovo.... Pleasant Grove..-.- . v seo Jfertaw rSTBOO, " Itt an IS 00 Gelsf litv.' 5 ST. LOUIS. dST ISO Misl Fork,. ' fit 60 16! .- .Firsf. .Yes, gentlemen' ' i T . . ..fJI mat 10 you. eaiu Will, .1 AND GOODS 4 0SI xeo TSS taze 03 . ... s TOO IsS Yf s, gentlemen, with the qualifi Aicertoan. ....... - s ss Lehl 4 U cation 1 gave to tne jsyc one.; it, 'Prap;r Its as I have before said, you find a Arrive at ,4 -I J jes'4 verdict in favor of the plaintiff and Iieftif, as such" so SON of. the defendants t 40 S 10 Santly .. against ....... i ' 4 fit7 .'9lOU: you find "were responsible, for this Junction 40 !3 Little an Oottnwd..... destruction of propertyjland if yod Arrive - , at i 001 was 11 s lis 5 40 don't find that it do$e wuruuy and maliciously, you may nod a verdict for the simple value; but if Nos. IandS wllj be rundaflT. you una tnat 'it was dope wuruuy Kos. 8, 4, 1 and S wOl ',ts rundalljr, ezoepteo.,. f. f:., and maliciously, ' you must give a 49 Por all ' information )Voonoernlna verdict for three times tie value. n ; rreurst or rauaffSt to 'ThrteeTah,-:h'Tiu- ir DRY A.U. s Draper Lshl.... .... . A ; me ? n , - . . if- - - CO WHOLESAIiB IS . ' , ' ' , ' a "qpidiflcatlon I? can give With a that. y 1 can give that with If the counsel means bat to apply . to the three times say you damages, I say, yes. can't give to the plalntiffi a verdict at three times the value unless you find that this property w wilfully and mallclouslv destroyed. If, of find tn favor however, you shall l.t4 the plalntlli, an ' me racisj requwiw to a verdict, save the wilful malice, then vou should find a Verdict in of the her favor for the actual value nronartv. You Can't SPiVO- DOT verdict for three times this value of the property unless you find it wss ana maiiciousiy, destroyed wuruuy a lack of malice, wss there if and, then you may render a Verdict for the actual value.:' ' ... , ; ' f Lake..........;.,. you tett Little GottoDwoott.... . Junetioa Arrive at can't-giv- - Ill-fa- ? 1 - - , i.iiti .. -- i t JNlnth. - v. UTAH SODTHERll BAHB01I1 1 that.' . -- .vtW ;.rr-- ' "?- -- . vnil w w i.ii a eriVA - . ill-fa- JjODKJiBBOP 6: I Eighth. No, gentlemen,'! of-sai- t-- ;: Bait Lake City. 626, i Ill-fam- e." thet-porpose- P. O. Box d90 FrfuU?:me r - ! Until of SmWi Work jOopper or Iran Fire tnade anarepairedt and all Kind the most Seasonof Boiler Work onwork able term. All guaranteed, as the oest iron onijft usea. n wmi aw Add Alt done. done counsel, eay, to remember the time, IJsay to you, these various docapplication .of i trines to this case.- r; Seventh," , IjIA as whole, I taken No, gentlemen, e. , J A &'B0PR CHAiri Now, as that la worded,nd It is - - con. C; . x-r- They are declared to be nuisances therefore hereby ordered to proceed and a nuisance may . be abated by rortnwitn to abate sua nuisance by all things fovnd there process ef law. -- More of thai here demolishing for used the purpose of keeping in, however. after, and conducting a house of Ill- Scconi.A i f fame', The order don't specify There la- a request to state tho kind ef things to be destroyed. to you what it is competent "Yeu are ordered to demolish all therein, used for the for the to do.'? It Is not things4 found purpose or Keeping or conaucuag a a requestlegislature to say to you thar the house of The magistrate legislature 'has done so. Yes, gento out it is tbat is what ought point is for it tlemen; legisla- to be competent not leave it to and destroyed, tures, whether they be state, terriOfficer who executes the watorial, or national, to do a great the which they. do not see rrant J The. officer ' might have many things ft t to do. - Hardly any legislative thousrht these elrls were thlnrs In keeping and conducting a body "has ".'ever, exercised all the used of prostitution, and be might house 1 r r; has. r, 7 .? it power o j lives. No one 'to that : preposilien as a have taken. their I.tay for a moment that the whole, yes,dt lsi competent for the would thinkmeant so, but this lan legislature to do'soyor to enact any magistrate cue ether laws which would be for the guage is oroaa enougn to coyer cerof the and gins, public good.? I am not asked In demolishing to say toyou that tainly, gentlemen of the Jury, one that: proposition the first and last requisites of :a it has been so, I might- - refuse to of would be the as it Involves a lecture on bouse of say tjiat, law.' 5 Counsel might ask me to say girls; I don't mean to say that a. thvesind things to you which I tne magistrate meant sj, but this is bread enough to find were reasonable aid necessary might refuse for the reasDn that I meanlanguage so. r Fortunately, the officer am cases Hot the the all in tryingf to accomplish the breaUoz up of I say yes to that pro- - did not bo . understand it, and such illegal business at such place. world. 8astill, therefore did not, demolish tne a whole. 7. ir the jury find that Iate position .. The If It girla. magistrate, even smiti proeoodmentioned, la Flint,oerora ssta J were . conceded had the tbat bt is mo piain-til- T ISTo, lnri in this action,aiuee, order, some property desI cant say that. right to even that said Justice That ..gentlemen, If it were conceded is a pretty , voluminous troyed,Is defendant Clinton , then said had the he that is right to do such a much and there ordinance, thincr. should have pointed out the proceedings before said Justice are Id it that is all and and valid, right evidence of the things done Which some do not believe kind of property which he intendwhich I things are- embraced in the issue being should be destroyed, and that so. are i a The counsel this propo- ed tried in this cause, and saidm. defend- sition have not called too within the limits of his jurisdicattention my to is entitled ant Clinton verdict there has been iio jurisor sec- tion. .But anybntjask-mparticular sentence in bis faVor. And if the Jury find to . ever diction toconferred upon a as to eharge that any of .the defendants, who tion, to destroy an of Peace the Justice whole ordinance. the in I no, say unlimited ; quantity , of property, actually took part In destroying her relation to the whole ordinance. property, , were marsnai, oepuij property worth .thousands : and marshal or other officer of said City, Fourths thousands or dollars. Suppose this or other person having authority which has vastly more pow Court, a of the justiceand to serve" process, issued by Gentlemen, a justice of the peace, was er officially than Jeter peace to or said Justice, subject to a Issue of that kind, and as a the of Justice peace, Clinton, tc aid 'herein, the had. the right to issue precets upon leave, thewarrant to officer by such omcers what warrant Issued by.ssid justice to any perBoa.CPrnplaiqed of, affida- kind Of DroDertv is nsedjudge in keenlnsr by execute his Judgment in said pro vit la the e. proper form, for keeplog a and conducting a house of ceedlngs, was a full Justification to bawdy house, and Investigate that The officers with such large scope them for all acts done by them, or go further even than .the lie had a right to pass might either of them, id pursuance of, the auestion." Intended Court convictsentence they shouldi togo; : I upon person any command of said warrant, so far as ed of that, oflence Defoie,him. He say , therefore, in this regard the jury shall find said acts teason-- i- had a right to fine and punish' such proposition r aoateana to tne able necessary 1. That a justice of the peace . .a He had within person. right, ment of the nuisasce maintained the limits of the jurisdiction of complaints of authority vested had J by the plaintiff by keeping a bawdy nuisance; In to nuisance. such abate But ruf 'r.--on him, house at the placa mentioned In a Justice be 2. There instances may not has. all the of, .peace t aid warrant. power. ' He has 'but limited Juris- proper proof in which a' justice of 8 The-- marshal and police omcers diction. A justice of the peace the peace may order certain things ef Salt Ijake City, and any persons not order could all kinds of nuisan- destroyed within certain limits.' reawistlnsr them therein by their counvel uieao by this ces be'abated to by ordering all the ''.But ir tne that to abate a justice of. the therewith to be proposition Suest, have authority, in said .city, and t are Sroperty connected peace had jurisdiction to order this of the Justice peace fully Justified by the law la doing is an oCQcerof Inferior Jurisdiction, property to be destroyed by , this all reasonable and necessary acts to must act within certain limits, officer and those under him, I ssy, effect such abatement, and can not and lim- no. If: they mean to ask me if a must and beyond .these be held, liable . for; any Incidental its. .If he not gohe I , v justice of the peace has Jurisdiction . is. liable, does, by. individuals Id cases or nuisance. 1 say, yes. Injury suffered,', i of 'For if Therefore illustrating in consequence thereof. even Within his Jurisdiction But : let us some if .that suppose the Jury find tbat plaintiff In this this, be careful how he exercises ' must he were action was keeping a bawdybpuse person, buildings a :o house, ': that power; i xiI to obstruct the street by piling at the time1 and place when1 of-i-'and Itlfirht there let "me say. if we s bis lumber or- - ether material where the Injury com plainer allow one justice of the peace to do his buildIn of front proposed been have to', committei, alleged as to be a certain'thlog in a certain 'case, go so. far. and that the defendants,as marshal, ing, heofmight : nuisance. a. officers of or Supposing, we must allow him In another case, guilty deputy marshal, police new building to do a similar thing, and we must said city--, or in aid of. them by their in the erection - of.a Main Street. the party erecting allow another Justice of the peace request, destroyed the property in on It might haul his lumber andJ lime tn a similar case to . do a similar question, to abste the nuisance of and other material and pile it up said bawdy house; then the Jury as to unduly obstruct the street, i.Not for the purpose of making a must treat them as not liable for so teamsters, could r net arrive comparison which would be disa-the destruction ef any property di- so that on i the side walk, se that reeable u seme, uut sloaptr to or such by. used lafarmaintaining rectly could- - not get along illustrate this point, I will, sup-- r s acts which pedestrians nor any ' nuisance, without great trouble, and , perhaps pose a case. u The keeping of a the Jury shall find , were necessary Is against the law, house of to. the danger, a josuce or Tne reace and reasonable accomplish! to the order and the parties building City Council, under the might abatement of such nuisance. ; 9. This action can net be main- remove the nuisance,It.and might legislature of - tne Territory and Suppose Congress have a right to punish the tained by less proof then would be fine them tor creating ' store Main keepers or ntuses er 111 ram e. 11 is the required to conviot the defendant Stieet was getting In a large lot of Beoessary to goou society ana gooa of the criminal oflence mentioned In the statute' referred to in the new gooas, wnicn naa just ' come morals that this should be so... And from the llasta great many boxes, gentlemen, when it is proved becomplaint; tthat is, the plaintiff and uw pile them up on the sidewalk fore a Justice of the peace, that a mktodo inn tail icwmi doubt ana leave wem tnere. suppose certain woman In a certain bouse satisfied beyond a reasonableiuij they pile them up there carelessly keeps what is .knswn. as a bawdy that the defendants injured or ties and leave them plied up there, ob- bouse, or place tnat . is resortea to in treyed her property, described sidewalk aud creating by men for the purpose of illicit the complaint, wilfully and malici astructing theand .suppose some per- sexual intercourse, , he has a rlgh t nuisance, of mere a and preponderance ously, to Jeter Clinton to deal, with it u nder certai n limson should go evidence Is not sufficient; and 'make a complaint.; and Jeter its. On the Other hand, when it 1 10. .The are not authorized la proved that a man keeps a si ml--, to find thejury defendants or any of should Issue process and enquire j had if found tar house for Illicit sexual inter he and into menIt, statute they them guilty tinder the tioned in the complaint, or liable by been guilty of creating a nuisance course, a Justice of, tne peace nas It and with may, deal virtue thereof, If the acts severally he mlarht order that nuisance abat jurisdiction e ... a .V e.e.sa men, done by them were done in good ed. tJJut bow? Could he order the within certain now, a uraiis. a. aa SB In an honest belief .that they omcers or tne law tovgo mere ana supposo it anouia do provea .oy faith, were lawfully required bylaw and break open these boxes and leave affidavit before some justice of the be trampled peace that John Smith was occupy-- 1 them) on the"Btreet',t the warrant of said Justice to do under foot by : horses, or burn or ing a house In which he keeps a said acts. f used destroy themf Noy gentlemen, he dozen women, with all of whom he 11. The word "maliciously In the statute ''referred to in said might remove tnem, soor procure has sexual intercourse, no matter to be removed, that they he may claim them sdl as complaint, makes it necessary for them a nuisance to though bis wives,' It is . equally criminal, the plaintiff to prove that the acts would no longer be nuisance could for the law allow only one wife at were done foot of the 'publlovlThe complained-b- f be abated ' but not by 'destroying a time. If a complaint of that kind against the spite, hatred or ill-wowner of the property injured . or the property. There mlgb t .be ten is" made before a Justice of the tnousana uoiiars wortn or property peace; setting forth that he lives in .! destroyed, t. .3 iu those) boxes. ' Abatement may a certain house and tbat he keeps lot this 12. Under the complaint destroying' the there, twelve .women, with all of action the plaintiff must prove that be done .without are instances, whom he has sexual intercourse there Still was property; done of the injury complained where may be now, If Jeter Clinton is authorized property can r gentlemen, she maliciowys triiftitiyand for In one case to iaeue a warrant o instance, Is destroyed. a all." Suppose'this That there un- some back room not recover at was abatement and have all the house-hel- d In. place and of innocence, presumption, -or ether furniture - destroyed, then by counterfeiters, less Shis presumption is overcome occupied Xor' with tools men must be allowed in Clinton counterfeiting, Jeter la respect to the motive eftnallcs and were at work in the nlrfht the other case to do Just the same they the reasonable a doubt, Jury beyond time with , closed blinds, and for thing, for they are both against the should find for the defendants. sometime what law, and If Kate Flint claims that it was 13. To entitle the plalntlSria any engaged in, but at length 40 or 60 men are her husbands event to recover any damages, she they were form to and In the other 'case the man proof comes in the proper are mast show by evidence what artimen claims that! these twelve women proper yurt that there cles were destroyed or, Injured, and the and crime these are his wives, that does not take it committing same 1 tho bf J valne th Court out of the law which governs It, jarder that all the tools and and If Jeter Clinton. Justice or the pLAJimry's xttorxits request mightdies. t false aud counterfeit bank peace, can order all the furniture to cnABar.; imitate' that upon of Kate Flint to be destroyed by 1. to maze the act of destroying which f the national currency is Chrofficerj because she' was adjudglawful, Jt printed. .mJsUt.be, seLted and t de- ed guilty of keeping a bouse resorttha nlaintlffs rtropertywarrant un must appear that the ed to for illicit eexuar intercourse, defendants' Josllry- stroyed. the der which There are some Instances In which then he could do the same thing In - lrv lesaed'by a rrorr ofadeetreyed, but the case of John ttmith,wbe kept a otherwise1 the aeta of , flie'der wbi3eTty,'may--brr. be careful house for similar purpose. No, mast 'officers courts and " ' fan A n t vera n nla Wful. the In for gentlemen) he can do it. injusthow abating tbey 9. A lust ice of the Deace.fln 1S72.) build-in- -, ice of the is man soma peace can send hia oa Suppose had no jurisdiction to Issue aorwrit . fine residence, and he hauls cers into the house of a polygamlst a deor warrant' for the destruction and other material and piles and destroy all the furniture, and or premises. lumberon.' molition of property sldewalfct aaeli. UOors aa.ere nenally kept Jn tne'streetvor aid. tne suntec It where the value or ' one de so. taklmr care to a house where people live, on tne hundred Ka matte? warmore than as- little- to 'Inconvenience the charge that there Is Illicit interria'tai: udj if he vUd so, both him- - do on? as msy. be. He may even course In that house. telf and eOT Artie engaged Ja the public of the sidewalk to pee weald ttConize such Jarbdictba UUb use a of destruction acted nnlawfully on his matrialJ. Bat ixt ajurilct cfthe pezce. I7oJu:t!ce iup?ca la .r.rrsrs l'.AbIaas trsSDassers to the without . of to the the peace can send oltlcers law public any. regard i f5 , f peronalnJuied--t'- the house . caosea mis to nee nui Bri sham YounS, ton, ne rights, Orranio Act, ninth section. II sance by obetrucung the passage destroy his of JNo. gentla-mefurniture. . unuer to deftJ of petTotrians or teams, tnat the way? tbftis ihr i.tt. ijpt a.- "rj ui warrant wuku Tne would with But that abated. be wha&veryeu nuisance crime, aid, may case . tbat rtperty wxa destroyed in this the eScers or I think of it personally, it C-- t tnyor.3 eijct be brc dealt with the aceordisce la TfcaM burn Jupbercr up it wtA ECS au-o- ria to pieces with axes or hatchets T- the recosnlied vAz of law,anc it or law orui"tw and 9. No. the-- would exMct that tne oi- can't rennlxe each jurisdiction in by any Bee Ordinance, Bees. to a Justice of the peace. city.Vnh fiKlMti are presumed to fleers wonld order those persons e bieeal as - - 't ll , ; nAYnno his There is bo dispute about-- at that the peace h?vo to yon ffie enquire fit he had the right-te-g if iSo complaint and fine her of gailtyT and, in, dgult Sm t of the fine, to nprlson Kn had a right to enquire aa a keptpropo-Slton.wither that house wasth& fawdy andjto say, yes. It it is worded, I to yeu that does not ask me to say Issue tbhwarrant. to a he had right tbe In fact, when you come will obeerverthat Jt officer.. It says, Svesitto the used keepIn AU things used house prosta pf or conducting ing the officer what it is. j r. .. "No, this proposition, taken in connection with this warrant of abatement here, would leave to this officer a- wide discretion as to w hat kind of property wss used there for the purposes of keeping a house of prostitution This warrant orders the abatement of all property used sow Jiit therein, kept for tne purposes or Yes,- gsnllenian "Say or conducting a uhouse of keeping They are so I declared , to be by It reads thus You are statute law and at common law. Ill-fam- - Fifth. -- - i I ATTOBJCEVS' '"bE- -! DKFEKOs.NT'e . A Mrs. Curtis, fair and frail, died from malpractice, la New York D.a.. know the law under which they act, and If jaaefOcer executes writ void on Its face, the law wilt presume m slice; and- the same presumption attaches to' all who aid of abet him in the unlawful act' 2nd Bouvier InitSec r' vs. CUNTOIf. rr FLINT - ityr. . JT.BJrate4tgtt Ftans ispex!peaxwnM of a& Kmas s twr end JLraealitefy. - SAirar sbarpski f 'i ' stoyxs , Jtsv 1 |