| Show continued arom from ont pace pave 41 di tion ton books were present and defon balits cla tits lits name was checked as hav inar iuar voted mr vm wro fuller I 1 am au an associate judge in tiie the same precinct I 1 wrote theford the word voted 91 after the tile name of defendant on the voters list of 1884 she voted in that 5 3 car mrs sirs margaret mcmurrin defend antis ant Ismy my daughter I 1 know kno wAIr mr royal B byoung young lie he never lived at my house at all with my dug due daughter wilter lie he never had intercourse with her ile he never contributed to her while there I 1 lam iam am positive that I 1 lam iam am not mistaken david henderson I 1 am 31 years of awe age age have known delen defendant dant for avdor alve or sa six years I 1 live in the ath ward near where her father lather lives have known mr air royal B young for about eight years dont remember having told a mrs lynne that I 1 knew when defendant and mr young were married I 1 am sure I 1 never made anch a statement mr 0 P miles 1 I am arn one of the judges of election in the First precinct I 1 have no books of elections I 1 cannot remember whether defendant voted at the election of delegate in 1882 or not me he was instructed d to get the books and left lef t the courtroom court courS cour room while he was absent for the books mr patterson read from defendants testimony given iven in the case of US vs royal byoung ia which she admitted that she told mr air showell the registration officer in 1882 that thai she was not married also that her husband had within the last three months provided pr ovidea her hen with a house and some provisions miss helen mather nather I 1 know defendant I 1 have employed her had no conversation with her concerning coile erDIng her marriage e while she was in my employ I 1 did al a few months after I 1 believe belleve she said she was not married I 1 was much interested in her and loved her much I 1 strongly bee bel begged ged her not to go into polygamy warny garny asked her if she ghe did not roly toly know it was against the law she said sald she was not ti named but would not promise me that she would not marry a man who had another wife miss aliss georgie georgic mather matker sister of the other witness wit nes I 1 had llad a conversation with about a year awo ago ago in lit which she asked me bokin jokingly uly gly if 17 1 would speak to her if she were to marry mr air young youl your she came to bay say this because I 1 and others were teasing her about him as the bhe had been seen in his bis company she did not say she was married to him mr air miles having returned with the election list of 1882 it was examined but defendants def end ants abts name did not appear on it nathan young youn I 1 know where defendant lives I 1 once saw mr AI r youn young drive up in his buggy and cuter enter th the e yard vard on another occasion I 1 saw him crawl through the fence to go to her house defense objected to this testimony prosecution explained that the object of this testimony is to show that defendants lend fend ants husband commenced to live with her sometime in october 1884 as a husband and if it can be shown that he has visited there frequently while at the same time she admits being his wife we can form an idea as to the time when the marriage actually took place prosecution here rested defense offered as testimony such portion of defendants testimony given in the examination of her husband as lie he would need in submitting the case mr dickson stated that in most must of the U S cases tried in this territory and especially those tiled ti led during the thelast last few months the prosecution had llad had to encounter tile the most outrageous perjury rendering the law powerless to accomplish its object and in lif view of this condition of things here he thong thought lit that the defendant in this case should receive a severe penalty lie he desired that a severe example be made of this defendant and thought it ft would be an effectual check to false tatsu testimony in the future the deci deol decision slon sion lad not been given when we went to press H N ero FRO FROM FROU U SATURDAYS DAILY rimy JAN 31 feet F Firoz mozen cn jack smith a park city miner while walking between San santaquin and goshen 03 on tuesday night had both feet frozen he was brou lit to this city and taken take n to st darvs biary IS hospital on monday morning dr ir benedict will amp amputate mutate half of the left foot and all of the right foot nome home Product Product loh on the beautiful salt lake is the title of a fine set tet het of waltzes composed by anton peders Pc derson on and published by daynes coalter all of our city the mechanical work was done bya by a young man named henry aldous and it does him credit for in appear appearance anc e it compares very favorably with sheet sleet sl si published published by old established houses auses homo made blacking m br john hamilton a native of finland who now resides in south ward has commenced the manufacture of shoe blocking which a ready aready and excellent polish and contains no vitriol or other material injurious to leather such as most of imported blackly blacking does he feels lie he can gan successfully compete with imported blacking in price too if public will only patronize him and nope hope he will meet with all the encouragement necessary A birth Dirth birthday day das celebration the residence of president D H wells in was the scene last 1 1 of a delightful oath gath gathering eringI in honor 0 the birt birthday liday anniversary 0 grandmother free the throng a joyous oile ode and consisted of all of sister frees prees children 53 grandchildren and 23 great grandchildren besides many friends of the family after supper an adjournment was taken to the tile parlor where a well prepared pro gramme consisting of recitations mu rou falc file etc was faithfully carried out by the different children one of the pleasant features fea tures turea was a short biographical sketch of the old ladys life prepared by her daughter louisa many incidents were given from the time sister free became a member of the church in illinois in 1833 to the present resent time dancing was indulged in n by y the younger members of the family farely and an d at a ete yate hour the party adjourned jour arned ned cafter after wishing many happy returns to the aged lady supreme court quite a number of cases were disposed of today to day in the supreme court as this is the last jast day of this term in inthe lathe the case of A D bowers vs the U P K R E R company the judgment of the lower court Is affirmed and the company have to pay the damage 1 prayed the case of price vs ys the TJ P V R K R company is remand edwith leave to file an answer the judgment of the district court in the cast case of owens vs oviatt is affirmed cereghino vs was granted an order for a new trial in the matter of the estate of horace gibbs I 1 the order of sale was affirmed judge emerson was admitted to the bar of judge McBri mcbride Alc Bride dc in the case of the people vs rogerson the time for tiling filing petition for a hearing rehearing re was extended to ten days after the ming of the opinion the account of E T sprague clerk was approved and court adjourned until feb 21 1885 an unjust fine there has been considerable comment concerning the fine line imposed by commissioner mckay kay upon miss jessie grant for contempt and today to day a NEWS reporter interviewed ter I 1 parties who were eye witnesses of the manner in which miss grant was claimed to have been subpoenaed poe aed it seems that after mayoun mr young had been arrested he accompanied de deputy y marshal gilson to the tile house I 1 in n which miss agnes mcmurrin lives and found deputy vandercook at the gate tae doors were locked so mr air young went a round around the house and entered the back door ile he told his wife that resistance was useless and opening the front rout f door allowed mr vandercook to enter the officer then produced a subpoena for miss agnes and read it 1 informing her that she must appear aphea before the commiss commissioner loner ioner the deputy then theil took a chair while miss agnes was gelling ready to accompany him in the meantime mr air young stepped into the next door where miss grant was and asked that lady laay if she would be kind enough to take charge of the house while agnes was away as she had bad been subpoenaed as a witness she readily consented after learning from sroul mr air young I 1 that the officer had bad no suo poena boena for herair herA hern her mr lr youn young then departed accompanying deputy gilson back up town miss aliss grant went over and entered the back door of the room in which miss agnes and the officer upon agnes said so you have come over have 3 ou on miss jessie you yon see they have their prisoner at last the officer at once arose and started to say miss jessie I 1 want when agnes pushed her back closed and locked the door she had partially entered before the officer had bad finished his sentence on leaving the building arvander mr vandercook saw miss aliss grant in the yard and requested her to accompany miss aliss mcmurrin hiu Alu to the commissioners office but she relied that she shy had not been subpoenaed and would not go until she he was the officer did not present read nor leave leavea a subpoena at the house for jor miss grant and furthermore further moie he had told airy Mr AlrY Young oung that be he had no sub oena onna for foi anyone but miss aliss acnes agues heno lie lle no doubt doubt thought that miss aliss grant would make a good witness and wished to scare her into accompanying him to court the circumstances go to show that the officer had no subpoena on his person for the young lady lad or he could nave have served it on her in the te yard and to fine a lady 25 for contempt under such circumstances certainly appears to be unjust COUNTY CLERK cutlet CUTLERS nis RIS REASONS wily WHY A WRIT vr IT OF rene pene peremptory artory MANDAMUS SHOULD NOT ISSUE the fol foi following lowin was filed today to day in the district court third judi clai cial district territory of utah sitting in salt lake county before the honorable C S zane judge in the matter of the application of D bockholt for a writ of peremptory mandamus against john C cutlar county clerk of salt lake county utah territory now comes john C cutler clerk of the county court of salt lake county utah territory and upon his oath represents to the court that he has not issued the county warrant referred to and described in the writ of alternate mandamus issued in this matter on the day cay bayol ot january 1885 and duly served upon him and herewith reports the following reasons 1 That sald said D bockholt for a period e pernod exceeding 14 years next preceding the day R 01 Dec december embr 1883 was the duly qualified qu aligned and acting clerk of the county court courton of salt bake jake county and as such clerk be he kept as it was hs his duty to do the accounts with the officers of sald said county and others wit with whom whore the said county had deal and a nd among these officers was wa himself himself as said clerk aeck and in his account as said clerk there was on the ard 3rd day of march 1884 due to the said salt lake county from said D bockholt the sum of 7 CO 60 losover and above all just lust allowances made by said sald county court to said D bockholt prior to that time this condition of said account was created by the said dirk bockholt having issued county warrants in favor of himself greatly in excess of his just lust compensation and of all allowances made him by said county court a 2 it is true that the said county court atthe time and place mentioned in inthe the alternate mandate mandato allowed as compensation for tor said 1 D buckholts Bock holts services as clerk of said county court the sum of elgut hundred and seventy tive five dollars for the time tire in said alternate mandate mentioned yet as a par part t of said order the county court directed that said sum of ei eight lit hundred and seventy tive five ollars collars should afi tild be credited to him hirn the said D bockholt on his said account that 1 I as aid said ald county clerk in iti pursuance of the said order of the said county court then and there gave him I 1 the said D bockholt credit upon his said account in the said sum of eight hundred and seventy five dollars that after said sum had been sc cre credited ditel to the said account of said D boekholt bockholt there was still due and owing to the said bounty the sum of eleven thousand and thirty eight dut dui du i jars ars and arid sixty cents irom from the said D bockholt 3 that prior to the application of OL the said 3 1 bockholt for said sald writ of peremptory mandate there had been an action commenced jn in this court by said county against said D bockholt to recover the said sum of eleven thop thou sand and thirty eight dollars doll arsand and sixty cents which said action is now pending 4 by reason of the aforesaid I 1 deny that said was entitled according to law and the usage and practice of said court to receive from ethe methe in cie cle rk afore salz sala an order or warrant on the county treasury Treas ury nry for said sum so allowed or any part thereof or that it was tny thy duty as said clerk to issue and deliver to the said D bockholt such warrant or order in the usual form f armor or that I 1 have disregarded my said duty as such clerk arany or any part thereof or that said county owes said D Bockholt the said au sum in of eight hundred and seventy ty anve ve dollars or any other sum sun whatever seven v at e i joun JOHN C CUTLER county clerk salt lake county U T TERRITORY OF UTAH county of salt lake j s 1 I john G C cutler make oath and say that I 1 am the county clerk of said sald salt lake county utah territory the defendant in the foregoing action that I 1 have read the foregoing answer or report and know the contents thereof and that from my own knowledge I 1 know the same is true except the matters which are therein stated on information and belief and as to those matters I 1 believe them to be true jonn JOHN C CUTLER subscribed and sworn to before me this day of january 1883 1885 at said county SEAL E 0 R q E M A 1 C canroy A 0 X notary public salt sait lake county utah territorial ITEMS CULLED FROM larest LATEST EXCHANGES forty degiers below zero on th yellowstone three or four cases of smallpox small pox are reported in biegon precautions halve bave been taeun uben to prevent the of the disease A 1 dakota lake thirteen feet deep la Is I 1 said to be frozen solid clearts clear to the bottom and they are cutting the fish ou on with the axe the best A greeley snow flake I 1 flour is quoted at laramie at abl abi oopal pel pei sack of pounds and oats in sacks per lbs ibs ibo A fourteen year old oid boy named Christian sea who lives near hone vilie vine box elder counte had bad his feet badi badly frozen last tue Tuc tuesday iday and it is inzen f feared g of hey they will wilt have to be amputated he had been outon out on the range and got lost remaining out over night before he was able to find his way home no less than twenty brawls or other fights are said to have recently occurred in butte montana within thirty six hours near nearly lyall all ali of them growing out of arguments over a public prize fight or rather a pretence predence pre tence at one en caged in there by two tivo men named murphy and thorp the tile butte anter mountain says the failure of john W lowell company leaves C CD D joslyn the deer lodge partner of the firm without a jollar ile he not only lost all his stock in the concern but also his private prop rop trAe which he lie put up in the endeavor to carry the salt lake house through A startling explosion occurred in ogden on tuesday night A dentist by the name of hetzier hetzler in attempting attempt ipg to do some |
