| Show REPORTED THIRD JUDICIAL DISTRICT COURT GOURT WEDNESDAY august 17 11 am m court met pursuant to adjournment the caeli case of A B miller vs thomas S williams in replevin was wa called up mr williams asked the court to call up the case ease of gilbert B smith vs thomas J and wesley wheeler wheelers as the parties were ready for trial his nil honor remarked the case ose ol 01 A B miller vs T S williams was estly a chancery case grand jury came into court and presented two bills of indictment the judge asked it if ther they bad any general report to make mr bell replied the grand jury wish to state that they have no business before them at present that they can attend to immediately judge sinclair bettis bald said it Is perfectly competent for me to discharge this grand jory and call another oney ones one or to adjourn them and then recall them but as you have no further business before you you are discharged and I 1 will say cay that in your action towards this court you have manifested a reet respect and a regard for the court which it appreciates mr ferguson counsel for mr sir Willia williams msp said he be could not see how this case could be held both at lawand law and in equity aulty and he thought it would be proper to dismiss the case with that view of the question be he moved that the case be dismissed at lawi law at the cost of the plaintiff mr smiths smith counsel for mr miller contended that the action was a good ones one mr miller claimed certain property and it there was aa an equitable defense let it be made mide if there was a defense in law let that be made all the court had bad to do under the circumstances was to consider the case one of replevin if it was decided to be one la ta chancery there would then be no intervention of a jury j ury mr stout said he would like to know bow they could try the complaint which was a clear action at law laws without a lory jury and how they could try the answer which was in chancery chancer by a jury court directed the issue to be tried at law as to the right of property mr williams made a motion for a continuance on the ground that material witnesses were absent from the territory mr smith opposed the continuance court overruled the motion mr blair biair as attorney for the territory wished to notify both parties that the property properly had hod been forfeited to the territory and that be he should shoud institute suit for its recovery court allowed mr williams an hour to get his witnesses and be ready for trial john wade indicted by the grand jury for stealing a 0 mule was brought into court and put la the custody of the marshal the following gentlemen were duty duly and sworn to try the issue in the case ease of miller v williams joseph woodmansee william brooks john M moody charles mogo william doney enoch reese thomas clayton I 1 W east horace clark dark W IT We mcguire GuIrey williams camp thomas box chas M smith esis esq opened the case to the jury tor for the plaintiff mr williams presented the ease case foz for forthe the defense william S H hooper 3 0 little and thomas adams were sworn and examined for the plaintiff court ruled that evidence for the defense was not ad mr smith addressed the he jury on the part of the plain tiu tin and M eairs williams stout aad and biair blair for the defense the court ruled thattie that the compi complainant aiu alu ant opened and closed mr smith closed the argument tor for the plain plaintiff tiff the jury were instructed in their duties by the judge after which they retired jury returned a verdict tor for the defendant the court polled the jury which showed that ten of them were for the verdict and ard john M moody and wm win brooks against it upon the rendition of the verdict his honor baldy said I 1 set aside that verdict as against all lawand law and the evidence adduced in the ibe case UT mr ferguson Ferg naon notified the court that the defense would me file a bill of exceptions to the order et of the coarts mr ferguson asked the court to issue a new now ventre venire immediately imedla tely his hla ignar lonar replied that abathe he would do that when he pleased lease dj mr ur nox cos oa behalf 0 of f the jary asked to be discharged his HIB konor answered curtly curtley I 1 will discharge you when I 1 please after af ter teg soma boma reshka from court rt and nd counsel 10 sei the lury jury were discharged court coert adjourned adjourn ecil eill till tiu tomorrow to morrow at ai 11 am thursday it 11 A sili iii ili court met pursuant to adjournment mr blair asked the court to admit thomss thomas colbourn Col coi bourn boarn to batty bail ball but bis his honor refused ref users stating that colbourn wim wiz was waa indicted tor for a capital which wab was not a case mr ferguson propose to giva bali ball tor for yodes yodee an indi jodi indian an indicted eor for stealing a mule the judae judge ordered the prisoner to be brought into court mr williams asked if the court would take security for herry henry K H phelps and henry spiers itis iii kobor thought he ought to admit them to ball I 1 am trying to do Ju justice Atice hig his hi honor sald said and I 1 must mutt say bay that in the management of that trial there was wai such irregularity that I 1 felt it to be ma n duty doty to set get aside the verdict it la Is not for me to say lay from the evidence before whether phelps and spiers are ate guilty of the of fence with which they they are charged that la Is for a jury to decide but I 1 will now admit the part lefi left to ball they car can com corns into court this afternoon mr blair biair demanded an immediate trial for his bis client C colbourn albourn 0 agreeable to the provision of the constitution HH nis honor ruled that the 66 speedy and impartial trial meant that the party should bate bare a trial during the term n u which be might be arrested in speaking wrig of the adjournment of the court the judge remarked this court will not be adjourned until the aret first of november whether I 1 boid bold it or somebody else court ordered the civil docket called which was waa done by the clerk cleric the case of john winn TS vs N X V jones in assumpsit was wae called and mr stout filed a demurrer which was overruled by the court francis E mentel vs brigham young toung and others was called whereupon his honor said there Is a sworn statement here as to the death of the prosecuting party and that suit abates A personal action dies with the party and the clerk will make an entry to tb that at effect thomas S williams TS vs hiram on a protested draft was called and by agreement of the parties judgment entered for the amount claimed without interest bradford leonard vs stephen U H goddard mr stout who appeared for the defense and nied filed a demurrer which he proceeded to argue mr Williams counsel tor for pla pia plaintiff latiff rep replied liedo the judge took the papers and said he would take time to examine them court took a recess till 3 pm 3 rpm pm court resumed its session the court sustained the demurrer filed by mr stout in the case of leonard vs goddard and granted leave tear to file a new complaint district attorney wilson allson appeared in court and filed the following allowing NOLLE PROSEQUI wire beag at a district court in and for the first judicial district in the territory of utah held in green river county in said territory of december term 1857 a bill of indictment was found by the grand jury thereof charging brigham young toung deber heber 0 kimball daniel 11 Well sJohn Taylor Geo smiths smith porter bockwell rockwell william A IlIck liick hickman many mans albert carrington joseph raylor taylor william stowell lewis robinson joshua terry john lohn harveys harvey daniel jones phiness phineas young william young robert burton buttons james ferguson Fergus ony ephraim hanks with treason against the united states which said indictment was aecil in said court december 30 1857 and where whereas ass asp at the april term 1858 1808 of said courts court held in green river county for the first judicial district in the territory as aforesaid the grandeury gran grand djury jury found another bill of indictment charging matthew Fh ompson brigham young toung and daniel 11 wells with treason against the united stateny state which said indictment was eras filed in eaid fald court april ap 1833 1853 and whereas whereat the said green river county a and nd the first judicial iclal district by the act of the legislature of utah passed january 21 1859 have been changed into and now and since the passage of said acty acts act form a part ofa of and belong to the third judicial district in the territory of utah and the said indictments abuse mention d are now BOW legally within the jurisdiction of the district court or the third judicial district in the territory of utah and whereas the president of the united states by big bis proclamation bearing date the sixth day of april 1858 pardoned said alleged treasons trea sons mentioned in said bills of indictment There therefore tere fere and now that Is to say on the eighteenth day lay of august AD I 1 1659 at the july term of the said district court for the third judicial district in the territory of utah holden bolden in great salt lake city olty hon charles E sinclair judge cometh alexander wilson attorney of the united untied states for the territory of utah also for the said united states in la this behalf prosecute th and ind that the said alexander wilson attorney as aforesaid will not further prosecute the said brigham young youngs heber C kimball daniel 11 wells john taylor taylors D grant lot smith porter rock well weli william A EI lokman many mans albert carrington joseph taylors taylor william stowell lewis robinson joshua terry john harve haidey y daniel dallel jones phineas young william young robert burton durton james ferguson ephraim hanks and the said matthew thompson brigham young ind daniel H wells a behalf of the said united states on the sald bald above mentioned therefore let all further pro be altogether stayed here ih ili court against theine them the said gald brigham young heber C kimball daniel II 11 veils john taylor george D grant grants lot smith porter Rc kwell william A Ilick liick hickman many mang albert carrington taylors taylor william stowell lewis robinson joshua john harvey daniel jones phineas young win wm youngs young robert burton james ferguson ephraim hanki and ml the said matthew thompson brigham young and 11 wells upon the indictments aforesaid signed ALEXANDER WILSON attorney of the united states statte for the N territory of utah henry E phelps and henry spiers were admitted to all william wiiiiam W phelps and thomas S williams being detles court proceeded to impanel a jury to try the case of gilbert B smith vs thomas thomai J and wesley wheeler which alch resulted as follows john T green greeny taken william sterrett taken Elnathan eldredge taken N P duzette taken J isaac bowman excused by the court robert bobert wimmer taken john harper taken johnn wakely challenged peremptorily by defense abel gilbert challenged peremptorily by defense ohn john tobin taken robert Woul wolcott cotts taken george B wallace taken joseph murdock by the court jacot jacob swarts shirts taken william wiiliam martin taken levi leti stewart taken mr Will wiil williams lains fains presented the case ewe to the jury tor for or the plaintiff and mr stout stoat lor for the defendant myron brewer brower william B wright odd ond od thomas clayton were sworn and examined for the toe prosecution william doney noney leonard 1 I sm smith and joseph wheeler wera were examined for the defense the jury retired about 7 os clocks and in a short abort time came into court and aud rendered a verdict for the defendant tor for 14 court adjourned till ill tomorrow to morrow at 11 II am friday 19 II 11 am court met pursuant to adjournment if mr r williams Wll Wili iiama ilama ailed filed a moglia motion to set aside the verdict of the jury in the case or of smith vs wheeler brothers court overruled the motion the calling of the civil docket was resumed and several cases set et for monday the leth of 0 Septem september Wr the case of chipman vs clive olive wa war called and after examining the papers paper the court ruled that dvid grant was a party to the suit and ordered him to file hit his answer by the of Septem september bere bero in the case cue of john robinson vs Ys william judgment was entered by default the prisoner yodes an indian stealing a mule was admitted to ball Rr adford bradford leodard vs washington L jolly john gaos lind and john M moody in assumpsit called and judgment entered NIL jester vs clinton and alired alfred la in injunction called and the injunction made wade perpetual excepting co so far as concerned certain wearing apparel court took a recess till 3 pm 3 pm court resumed its session the case of magraw vs little was called and laid over until the of sept judge sinclair said I 1 will say gay to you gentlemen of the bars bar that I 1 expect to meet you here on n the day of september to renew the functions of this court some thing may intervene to cause me cia to postpone still astl II 11 further as I 1 do not know what the business before the court in the other district isy is but so far as this court Is at present concerned I 1 have to gay say to you that whether I 1 shall sit here as a judge anymore any auy more or noty not I 1 have endeavored to discharge my duty and to hold up the scales of 0 justice knowing no distinction of parties court adjourned till monday the day of september next |
