| Show local and other matters FROM DAILY hoy dot 8 soven sofen there arg are hut but seven prisoners in the county jail fall just now As A hort short time ago there were afif fifteen teen teeb eight having been disposed of by the ahe district court railroading the work of building the extension exten slen sien of the utah northern railroad is being rushed ahead A gentleman who was on the ground a day or two since informs us that eighty teams and a corresponding number of anen inen were at work vork on 1 it t conference notice the regular quarterly conferences of bear ear lake a e und and summit stakes of zion will be held on saturday and sunday next apparis at earns paris and coals CoaIN ille respectively elder C C rich will attend the former and eldera FD richards ric Bic hards and joseph F smith will be present preel at al the latter conference district court thursday november N ro ath samuel cohn vi v i central smelt ing co trial by the Court I 1 in progress 1 1 1 1 1 s i 9 J L b C morrison mordi Morri sou jr vs J 3 0 reilly et al triai trial by jury in pr arb cresa eresa jurors dismissed thia this afternoon noon all of odthe jurors serving during the present term of district Cour court were dismissed from further d duty dury I 1 U 9 excepting those composing thuley he jury trying the case of J T amor rison against J J oreilly OB eilly et al at and they will also be discharged eo so soon aa as that suit is disposed of po probably bAbly babiy this evening 1 kicked la last sunday a son of mr joseph goddard Logan of was kicked in the forehead by a mule I 1 inflicting Ic ting a serious but not dangerous wound the little patient was doing well und erthe the 1 treatment of 15 dr 0 0 ormsby so wo we learn from the ogden junction musical the musical times for november Is out an excellent number ota ora of ai good magazine jn in addi addE addition tIon to much and instructive reading matter it cont con t talus an ari original longi meter tune aune by prof george Car careless eless eleas published by calder caille of this city mining the mal J is behig re timbered jho tho he old timbers having rotted A i small smail quantity of ora ore has also alsa 0 lately been bean from the M mine de mining matters in little littie generally are said ta be more active than for some tilamae pasia past I 1 ore is being E shipped hl aped from diffident different mines lff iff considerable frable frabie quantities ta emigrants tho the company of saints which crossed the AMID tle tic tic tie in toe 6 S idaho reached this city last evening they had a prosperous trip but encountered some stormy weather on oh the ocean there are afew of them at the emigrant house tithing 1 office yard but the gie git great greal at bulk have gone gono to the h homes 0 mes of relatives and fi friends ie f ads in this city and other parts of the territory the tha saints in wyoming A there has ave ben n gome some dubiety as to which stake of zion the saints located at and other places in wyoming properly belong it hs been best by the authorities octh to include clude them in the it stake of zion dionas as t appeared to be most agreeable fo to their feelings and most convenient to them hinline inline matter of meeting at the tho local i eighteenth ward warde the ward mutual improvement association was organized last evening for the winter season meason the officers are horace GW G whitney president john R park and robert Pat patrick patriek fiek fick counselors R V decker secretary julia young treasurer emil len ren JL enhardt ardt and charles durran sl janitors going east fast this N X fuller esq for several years the principal edito editor of our clotem cotem po the berald herald left for chio Chlo chicago hgo for the pur purpose pose poso of joining his hia family we understand he be purposes making his hia absence from the territory dry 0 only ny temporary During his hia stay here her his hia uniform gentlemanly and courteous demeanor has haa made him many firm ft friends lends who will be ready to ready to td give him a cordial greeting whenever he concludes corl to return in his departure the herald loses losea a gentleman of great groat literary ability and salt bait lak a most excellent citizen we ye understand that mr byron groo assumes the post on the ber her old aid heretofore occupied by mr fuller A accidents cc iden ts at west jordan bridge last night charles pierce a tinner employed at old telegraph smelter when returning to his bo boarding arIng house stepped through a hole bole in the bridge and broke one of 0 f his bis ribs it was wa only sonly last list week eek irs mrs S simon hibbard was vas attempting to cross the bridge in a buggy with her small boy when her horses horse refused to go forward and backed vehicle woman and all into the river the boy jumped out bf by the assistance of mrs sarah driggs of the jordan bosq house mrs hibbard swam and labate floated d down own stream a few rods and gos by mrs driggs and daughter there being no men hear wear near neau at band james turner has a force of men binl en at work today to day putting pu t up railings failings rai lings on ai the bridge the thing la is too fragile and should be put to rights as it has h been in a bad fix for fora a long time the rogers fizzle the attempt to create an anti mormon sensation out of the death of the itinerant ti tinker J william rogers has now ended as one of the comple test of fizzles the adjourned session of the coroners inquest was held last night terminating at half balf past eight I 1 dr mcphail testified that in accordance R C cor dance with a request of dr douglas douglass he had bad made madu an analysis of the stomach sto mabb and a portion of the liver of the deceased for the purpose of detecting the presen presence ct of bf arsenic or strychnine finding no traces of elther either the witness also stated that in making the analysis he made partial tests for such mineral ir al poisons as lead mercury tin f bismuth antimony ete etc but ba fogu found n one none of them the jurymen juryman jury men george auer aber joshua Tay lorand J C little re rel rol 3 i turned a verdict to the effect that deceased came camo to hl his death from natural causes at a former formey stage of the inquest coroner taylor Ultima intimated ted that united states marshal nelson in iia ordering and having conducted an autopsy of the remains of or the deceased sed led ll 11 without notifying him dis nii rei played y ed much more than thare the usual amount of obtrusiveness and asgur asdur assur t ance than is general generally lyd displayed ayed by the ordinary run of mortals that is exactly our view of or the matter f the office of united states marshal of the territory includes those these of inquisitor and coroner it it should be generally understood that in lit addition to his other title tit loof of marshal he might be dubbed grandin orand grand in qu isi tor coroner U V 8 marb Mars marshal hil bil william nelson I 1 As an inquisitor he be tried hig his husband hand band on dr pr Clint clinton oli by trying to maltreat him into bellid telling ig something 9 to crimin ute ite somebody he wanted crimi criminated Dated making propositions to him to that end edd failing to squeeze anything any thin gour gout our out of a liv living ng mana man be next tried his hand at squeezing something for r the sa purpose out of a dead one both If squeezing attempts are utter and ano a na contemptible failures and the motive that prompted them was evidently as aa rotten as the last subject he be tried to manipulate the corpus of rogers ro ge rs what vr function wi will I 1 I 1 this meddlesome offic ernext su mume aume melt it ia Is som bom something ething newt nor for united states to sf a in the per person an of its Ma marshal rafial what next As our oar readers are already aware the trial of the suit of dr jeter clinton against marthal william nelson and his bondsman for tor S for false imprisonment and maltreatment was commenced fenced in the district court yes berday A JN ju jury ry iwas swag obtained ed without much deta defa yand the evI evl evidence for the prosecution was given the chaplain plaintiff testified to treatment the he received c at ther penitentiary after his arrest the main facts of which are already somewhat notorious the first night of his incarceration he was waa placed in a contrivance called the sweat box used mused as its an instrument for torturing prisoners at the penitentiary it ia Is a badoi cage enge composed of iron and wood there he was exposed to a fierce south wind and to clouds ot of dust whirled into his narrow place of connine confine ment he was wad next taken to an upper room with a low sloping roof with nothing to shelter him from the hot rays of the sun in the most sultry season but the bare abl shingles ingles here his hig lower limbs were encircled with maracles manacles man acles precluding the possibility of his bis dressin dressing or undressing himself the room was without ventilation and the bedding was filthy beyond description he was thus maltreated mal treated while ho be was suffering from irom an acute diseases of the kidneys and spleen and medicine he solicited for his relief was kept hept from lim under those circumstances marshal william bobon ne iton imon took him out riding in his carriage and made proposals to him botell to tell teli something that would criminate bouie some ot the authorities odthe mormon church and it would be made all right with him t dr daj J M benedict testified ta t having visited the plaintiff in a the room in the penitentiary penitent Jary sary described by him and finding him Isuf suffering severely from an affection of the spleen and kidneys I 1 I 1 the defendant made no attempt td introduce evidence in rebut rebuttal tui tul but hut by his attorneys tilford and hagan moved for a non nonsuit sult suit OB on a proper place for the manbhai marshal to confine indicted prisoners 3 the motion was argued on both sides mr aft P ii william williams appearing app eating for the defendant in r his ruling upun the he motion judge stated that in examining eka era mining the law on the ibe subject hek he found it silent gard nowhere to 0 o where prisoners should bf bi confined con eon after and areat arest but before convIct conviction lon lou leavin leaving the ther matter of the place of imprison imprisonment n with uhe the the marshal aa as that officer was responsible for the pris apra pria letura retura into court lie he fur ther stated in I 1 effect that considering ering the nature of the curge charge he be did not think the marshal had haded exceeded hid bid duty in his treatment nt 0 of f the tho plaintiff the motion for a rion sult huit was therefore granted and twenty day awas given the t be plaintiff in which to file die the n necessary papers en on appeal to the supreme ourt of the territory we believe that the tho general expectation pec tation in the public mind as ie garda gards the very disposal df of the fhe cape cafe atias at its present stage hast haft ar been ben e realize dj the anticipation was we believe belleve based on former judicial occurrences in the same gamb cottri ib a certain class of cabes cages alil the of the judge ahat the taw jaw does doer not specify where in dietel dieted and arrested prisoners are tobe to be kept until after triai trial is 14 ex el technical and hr far frietch letch fete A ea the th law lair provides that prison ers c for uial ulai shall be confined in the county jails if a person under indictment and ar rest is not virtually if not actually and therefore legally under commitment for trial what then ia Is his late status before the law he is certainly awaiting hla hia trial A strict interpretation of the judges view would lead one to suppose that the marb Mara marshals bals hals discretion was most sweeping that ho he could connine ln dieted but prisoners anywhere so be returned them safely into court he could hide them away in a cave 0 or r obscure dungeon put the thumbscrews thumb screws on them deny them thein the privilege ov off consulting counsel or communicating with friends sueh such rulings and remarks take us back to the days of i judicial darkness with regard to the justificatory qualification of the marshals conduct as to the nature of the charge his honor wiil will surely admit that iti dt t as frequently happens that an inz innocent man is accused and indicted for a serious offense as a comparatively I 1 trifling one it is so in this case a notoriously trumped up one besides it was well known 0 wn I 1 thal that there was not the scintilla la of L a probability of dr clinton leaving the country at all to say nothing of attempting to lo escape from legal authority As for the opinion also expressed by the judge that the plain plaintiff tift had not been behn treated with undue severity or harshness by vy the marhal ma rahal it will be generally conceded that aa as maltreatment was a portion of the case it could only be shown ino inn in I 1 evidence which was a matter for git jit jm the consideration of the jury not the court but the Judge suddenly assumed the functions of both C en court and anti jury and apparently non suited tnie ifie plaintiff on the evidence aa as vi uell well ell eli as the law it cert t it would have shown a more proper position disposition dh on the part of 1 the court to inquire into the officio 0 al conduct of its own tuff luff meers officers if it i had allowed the evidence to have 9 gone to the jury u it opinions M differ with wilh regard to i 13 degrees of severity add and harshness il it is well they do we would be I 1 loth to suppose the opinion general 10 that it la Is net not unduly harsh or bei bel sei 9 vere veto to tp expose an aged and at that t f time lime ailing gentleman in an open hopeni j cage during a whole night to nii nia am powerful windstorm to suase t place him iq gronsand iron sand con t R m fine him in a badly ven ved dilated room in stif stifling ling fing heat beat and deny him medicine medi cne ene to relieve his w pains paine and all to get him to ie n tell something to cn criminate minate some ils its ta body else elite we hope the time 11 will never come when we will be p forced to the belief that the opinion wf of the judge in such a matter pre pro i vails valls to any extent were the judge himself a sufferer instead of 4 the ed of this mild regime us his opinion would doubtless turn a i sudden summersault summer sault f we are arn pleased to learn that the case W wil vil III be carried to lo the supreme court of the territory and if need bei to the court of last resort 1 |
