Show local dOther an and other matters 1 FROM TUESDAYS DAILY dally OCT 15 third district court proceedings in the district court yester jester day afternoon chief justice efler pre presiding abling 0 D schmidt vs henry keyser stay of execution ordered till a motion to vacate the judgment of or september 8 filed herein is heard themas stevens vs thomas laughney the motion in arrest of judgment was argued alid arid overruled defendants except ten days allowed in which to file notice motion and statement on motion for a new trial court adjourned till uli this morning this morning the case ease of keyser vs kuhn bro passed betoken betaken be taken up by argument this term logan city vs motion notion to dismiss appeal overruled motion by defendant for apon anon a non bolt spit granted ranted at cost jones hager vaJo hann bann dei fer trial by jury waived on motion lon of plain liu tiU judgment as pray td entered against agai agal litt defendant drawing the lines the following interesting extract is from letter writt written err erf by elder eider B F cum minga jr frona from beaton Bo atod aton ab 1878 1 l have spent some weeks during the preheat summer in each of the laro cities philadelphia new york and Lf oston and observed a barked difference in the appearance architecture and society of the three cities in philadelphia one witnesses everywhere the qualities ef of neat order and excellent system in naming and numbering the streets officials of all kinds policemen and street car conductors are generally polite and obliging the latter latten more moro to feo than iri any large city I 1 was ever in in entering a shop you are politely shown the goods but are not im lm por tuned to buy and ag us a rule the people seemed to me mee to be urbane and steady going I 1 du not remember seeing any uny keri pert erl erious disorder in the steela during mv my 1 hlay htay tay lay buu but new york Is so xo different thure thyre all in is baale atin noise noibe and concu confusion lon ion in the principal bt street the rhe people all seem to bo be in u h bl ur IT each individual seems toba toha to have e an eye to bu business alness ainess exclusively ne the streets are dirty and present many unseemly flights various officials that a traveler comes cornea in contact with are brusque bru que and indifferent but a distinguishing feature ot of new now york is her affluence of thieves and shar pers if an inexperienced western man can manage to at arrive riv at new york have himself and baggage transferred to some respectable pec pee table tabie hotel and then remain 24 hours in III the city without getti getting rig tig cheated or taken insl lull in by bome some one be may congratulate himself on either his bis luck or his shrewdness S boston presents another series of characteristics crooked streets mixed architecture and general irregularity of are arb in marked contrast to philadelphia the people are arb so different too there is IF such a universal learned classic mr air ohavo have ac kug kud of men mell in Boston who could scarcely afford a square meal meni ora ona clean elean who would write metaphysical pamphlets and avi philosophical tracts about half of boston are irish but rican portion are aro the best dressed sed people I 1 have ever over geen een the la in dies diva wear much mach more costly costumes than do af philadelphia or eyen even newyork new york boston ia is a very clean city eity is 18 well governed in comparison wit vit with h other american cities and good order ia Is maintained in the street streets ets eti thieves and pickpockets pick pockets neither prosper nor abound and strangers are reasonably secured from imposition Pi ladelphia ia is noted for her new york for her commer commerce cei ceF and boston far her educational in these three facts aubid a key to the prevail prevailing luF characteristics of their respect respective lya iyA inhabitants 11 The Tha Collett trial on Satu batu saturday iday afternoon mrs foote yeas yens w as sworn tur fur the defense said she was the wife of timothy B foote and the stepmother of guy foote had charge of her huab husbands nd s hotel in nephi in iff 1857 the aiken party remained there thero one night she was ilot riot asked by any person to stitch a belt be one of the party norbid she ahe se see u a belt of the bud and did 1 not see fee any gold coin taken from one abram G connover was sworn and testified that he was well acquainted qua quain ted with the language an and d manners of the ute indians the rhe defense asked the witness some questions to tha manner of burial among the tho utes but the questions being objected to by the prosecution and ane court sustaining aho objections the wit witness was excused the defendant sylvanus collett then testified that he came utah in 1849 jn in 1857 be he was waa W sa at lemoff eb e b river and was engaged gg e N in farin narmin farmin inz building etc he left bembi lembi about the thelast last of october or beginning oNo vember but should have said november if he had not heard beard the testimony previously given ater after reaching bait sit lake near the of december he remained night and then started for lehi where b he e had a wine wife and child rhe journey to lehi lahi asbe as fie traveled with oxen two day he 8 stayed y d there but one day and I 1 T d f abr 0 salt lake take the next intend ing log to join a command at echo but on reaching this city was regained gained by bryant to carry cairy express he was engaged in unis occupation going to thoele tooele and other places place for eight or ten dayland day sand did not return to lehi lehl ili fill ill the middle of december he had heard william skeena testimony mony did not have such euch a conversation vers atlon as was mentioned by sheen did not makel make any confes deion blon to him relative to the thu murder of the tho aiken party did pot rive give nor sell soil him hat ni the one described nor a hai hal of any description never had had bad a conversation with joseph skeen wherein the witness boasted of be being lugri ingri a brav brave e boy or participating in the so called calle d aiken murder never pretended having baving received a mare as his share of the spoils never anspro any professions fes ress lons of the kind hind regarding Dg such a mare marq did own a three year old bay mare very poor some bome time within the years 1857 and 1859 traded for it with a man who came through echo canlon cason on bie bia home said mare was not at provo in the fall of 1857 nor in december of that year the witness was not at nephi in the fall of 1857 he did nottage not take any aby part in the bid fid called aiken murder the defense here rested kested their case ca se the prosecution recalled re called W aoa geddes to examine him with the idea of laying the groundwork ground work for impeachment after his hig evidence had been received testimony was taken from nathaniel jas horrocks Hor rocks jan moyes joeeph joseph sharp and thomas thornas dagis davia in rebuttal of lir mr sir geddes stat statement emerit ami lud io in of wil i testimony closed yesterday mr sutherland But herland berland dali delivered v the opening argument forthe prosecution when he she closed at four tour in the afternoon court adjourned latest from provo we received the following at this afternoon af ernson judge dusenberry commenced ed arguments on the defense inthe in the collett case at am today to day oc cupping about one hour an and d a half judge tilford followed and is still a addressing the t jury I 1 FROM wednesdays lally 9 mutual ampro improvement we learn by letter fr from Fill fillmore morey that elders junius juntus amp F wells and M H hardy he heida holda dw meeting in that city 0 on the and effected a stake organization of the Y umi association of millard county james A melville was waa in unanimous ly sustained aa as president andea and FA webb as secretary the occasion was an enjoyable onn one to all who attended olty city council meeting of the city council tuesday evening evenings oct 1878 mayor little pre siding aiding A communication was received from B morris young representing that in the division ot of the es atte of his father the old fort bloc block k fell to him which be he offered to sell to the city for the payments to be according to agreement between the parties received and referred to the committee on public grounds application wag received frem from macduff brothers representing that about two and a half huff years ago a powder magazine had been placed near their quarry and that the business of the quarry llad had been greatly diminish diminished td for fear tear of an explosion and stating elating tuat that could open a new quarry near pas coes lime limekiln kiln klin and anti asked that jand jaud la in addition to toa ton a smal piece diece jana land near the foot root of tug tue mountain be deeded to them for use as a quarry and lime kiln hlin referred to the committee on publio public er A petition was received from jas bobbins R asking the privilege of moving the scales from first east street direct to second south street opposite the great western hotel hole to be te used for a like purpose at the place designated referred to the on streets and alleys A petition tita titi 10 n was received from C V J thompson rhio asking that h he be refunded the amount paid by him for a lot naw in the military reservation petition granted manager riter of the utah western railway made an au explanation relative to the resolution of the council ordering the utah western railway to move an engine house on fourth west street within sixty days he stated that he had written to the trustees who managed the road for the bondholders bond holders informing them of the action of the council ordering them id to remove tb the e erlof engine e house and suggested t to 0 them the purchasing of a lot for a depa mr riter biter stated that the krus trus trub trus trees replied that under the arrangements range ments upon which they held t the e road foad they had not the authority to purchase real estate and asked aitu to request from toe the council an extension of time until lext spring when they thought an arrangement ran gement could be made to effect the desired removal mr riter therefore asked the council to give the desired extension and the timed time was thereupon extended until the let of may next the chief engineer part ment reported that the amount received by him for street sprinkling during the eummer bummer r months i was waa of which a amount tn aunt there theire remains a cash balance after all expenses for wadea to men and purchasing articles for fon foche the fire department part ment had been pay the sum sumo of the report was referred to the committee on fire firo department j ia a A petition was r received from jeremia gibson stating that he wished to open a quarry near enn ern en E n sign pe peak aft and asked the council to 0 o granth grant him the privilege referred holthe tol the committee on public grounds nir air Bans hoff made a verbal petition asking the ciby eia cia council to agate trie chinese dens dena of infamy in this city into which children are enticed and given opium to smoke the petition was received and arid referred to td the co committee mal atee on municipal jaws avs aws with instructions to investigate the matterand matter matten and immediately frame an ordinance for the abatement of th the nuisance the council then adjourned adlour ned u until next tuesday evening at the couett collett trial on monday morning the court convened at 1030 judda sutherland ut herlind the ca sefor case for the prosecution referring at length to the merits of the testimony fony adduced by the prosecution of six men known as the athens imme came into the territory from the west they first came into box elder eider county where they were arre arrested sted and escorted by dold soldiers lers to lehi uhl the counsel proposed to td argue the testimony on do the hypothesis that the crime afterward committed was prompted by a desire for pl plunder that the prisoner Collett ColI ett elt rockwell murdock aud were the ea es cort nort which accompanied the party from lehi and arid did so for the purpose of plunder the defence defelice ilce lice would no doubt try to prove that at the time of the murder the prisoner was on his way from salmon river fixing his departure from there october 28 1857 but the witnesses for the prosecution had not attempted to fix the date of the arrival of the aikens athens in nephi earlier than deci dec 1 of that year he considered it established that collett accompanied the aikens athens from lehi to nephi the rockwell party and the alken aiken party shown as in the testimony of foote and others left nephi together the next day after their departure from nephi two of 0 the aiken party returned barefoot naked and bleeding were capable of telling what happened to them the returned bringing back tho the airen alren bartys property which remained in 11 their thein mrs casters testimony shows that the escort ino rno came camo back in the night and kept themselves concealed there Is no doubt doubts there therefore fores that the aikens athens were murderously assaulted by the rockwell Bockwell party somewhere south of nephi that they returned with the booty and loaded with guilt the murder of the two wounded men man was planned in Nephi bishop bigler mr and mrs woolf mr foote picton and others all knew what was to be done john aiken and tuck were not taken to salt lake as proposed but simply to the willow springs herd hous house houp e where the killing took place because woolf and picton who drove the team came right back when counsel heard timothy foot testify he was inclined Inc linerd to be lieve liever he be had a sympathy bym pathy for tho wounded men but he had now concluded that old man foote had bad just asmuth to do with the murder as bigler binler bockwell Rock bock wells murdock lott woolf and fc court adjourned until tuesday morning at tuesday morning for the defense replied to the arguments of judge sutherland ane prosecution had claimed that this trial would be one of the wonders of the world yes year it will be such but the wonder wonder wili will be that for 21 ai years the defendant has been in the reach of the officers of the lawa law and never until now has he been called upon to answer the charge it is a case parallel judge suther land had bad the prisoner that great not lest iest on the prosecution huch sueh buch talk would have done year tears sago gago ago but it wili will not do for today to day many cases caseb were cited illustrating the great chances a jury takes tabes in convicting prisoners on circumstantial circumstantial evidence alone no proof had been adduced on the part of the prosecution to show that collet wab was ever in juab county timothy foote had done BO so but judge sut gut gutherland hedland heeland iana isna land had haef ald jal aid 4 that old man on the shell shelf AB ae for lor guy foot foote I 1 e counsel would leave leive le lve ive hapa to judge tilford liford ilford judge tilford after aun aff eloquent t addre enid said the prose prosecution aution must following propose tiodos a 1 i the death ad the result of tle tie the criminal acts of others sd that the death was way caused b by y 4 t h f r h t 1 it t was war Us fald d done 0 n c i maliciously a 1 c 1 0 1 1 E 1 y jtb the participation bartic of dol Col iett lett counsel admitted that buch such a party as the came to utah the territory was waa then in jn a troubled condition and was under mar law a hostile army was on our eastern bor derand border and strangers were looked upon with suspicion by the affrighted p people i and were frequently 4 arrested by the loca local fau authorities thorit ties les after the arrest of the aiken party in box elder they were seen in ogden and next la in lel belea accompanied by an escort bolea selea lect |