Show ALL ABOUT THOSE BOOKS at two pm today justice lochrie gave his big decision in the book case II 11 which was tried in his court yesterday afternoon and reported at length in that day days dayis Is NEWS following is a verbatim copy of the decision TERRITORY OF UTAH 1 county of salt lake J in the justice court in aad for the city and county of salt lake be fore hon P Lo lochrie chrle justice odthe peace H T duke plaintiff vs va A 0 norrell and elias A smith defendants opinion of the court this case was commenced by the plaintiff filing his complaint on the ath day of may A D 1892 in his complaint he alleged that with other gentlemen he was elected a member of the body of individuals known as the territorial committee of the political organization called the democratic party of the territory of utah was secretary of the body of which he was a member and as such secretary was entitled to the custody of the abe books and records of the committee that the defendants claim the right to hold bold and retain the custody of the books and records of the committee that they had the possession of the same that the plaintiff had made due demand of the defendants for said mid looks books and records of the territorial committee of the democratic party of utah covering the years succeeding the year 1887 but that the demand had been refused and that the of the documents sought to be recovered was the sum of 1600 1509 afterwards the defendants appeared in the action and filed their demurrer to the complaint upon the hear ing of the demurrer the sole question before the court was as to whether the complaint stated a good cause of action this was decided by the court in the affirmative the defendants then announced that they did not desire to file an answer but that they would take an appeal thereupon the court set riot the case cam for trial which setting was made for the day of may 1892 in order to enable the plaintiff to introduce proof sustaining the allegation of his said complaint on the last day named the defendants appeared and requested an adjournment until tuesday the day of may 1892 at 2 p in which adjournment was granted the case camei came on for hearing on the day last named and the plaintiff proceeded to introduce his proof at the request of the plaintiff the court had issued its subpoena du oce e tecum requiring the defendants to appear land and rang oring with them the books and cri of the democratic Democrat lei territorial committee of utah upon the he hearing tiring tw they failed to produce the samee same aeh each alleging alle gIpS that hat the documents blid bad beyond their diandr the detia defendant daut sadith testified that bei be became sk a in way may or june jun ef IM 1891 and add in the month or of june was made the secre daiy of a which the advisory committee of thi the democratic party sou and afterwards wart wad elected secretary of bf what he be dis claims laaff is BB the terri territorial corn cittee of the party he declared that no books nor papers were ever turned over to him aim but ut tuat he be opened an entirely now new set of books and records which books and records he be had bad sent gent to a man ta tin named dunbar in the city of chicago as he stated for his party and before the subpoena aubi cens du had been served upon him but atter alter he had been served with notice that he was one of the defendants in this eme case the defendant norrell testified that he was a democrat and a member of the democratic party that he attended th of the party that was held herd at ogden in may 1888 and was there elected a member 0 of the democratic territorial committee that the plaintiff duke was elected a member at the same time that immediately after the convention the committee assembled asseo bled and elected 8 A merritt chairman and defendant norrell as aa its secretary that he be acrid ag aa such secretary until june J u ne 1891 that he never resigned designe i his office but that since june 1891 d did id not act in that capacity that in ID jule juie 1891 a conventi n was held in salt lake city of the democratic party which elected a new committee sud that that convention claimed to be the democratic convention and that none none of the members of the committee elected at oe oden den in the year 1888 had ever re ge signed Elp several veral other witnesses wit esses were avorn by the plaintiff the effect of the testimony being that the democratic party was organized in this territory about twenty years ag that it held bed ftp convent conventions ione concep in four years and ADO that its ita territorial committee was elected and that we the men held oace for four years and until their successors were elected and that at th the democratic convention held in 0 ogden 9 11 ev in 1888 a committee was wag elected for four years the duke being oue one of that number that said e had bad never resigned Led also that in the spring of the present year a meeting of the Dem democratic cratic committee was called by 8 A merritt We in salt bait take lake city and one elias A smith one of the defendants in this me i ignec bin name as secretary that the plaintiff with other gentlemen in person and by proxy who were elected members of the committee at the said ogden convention ot of 1888 atten attended ed that mee ing anti ami sought recognition from the chair man S A merritt which recognition was wp refused and that thereupon they announced that a meeting of the committee would be held immediately at a place then named that they assembled and such vacancies as app are dafter which thellon the hon william ferry who it is shown py by mel estomo ny is also a member of the national Natio nol nul democratic committee was duty duy elect ed chairman and the duke was duly elected secretary tho thereof teof that a call lor the oon of the democratic party part of u atah utah was wai issued which co convention aia wag aej on the day of may 1892 at salt bait lake IM C city t that at such atio convention over eighteen counties were cepro heated constituting a con aloo of delegates out of pro viled ditled for in the tbt calt call that said convention elected delegal delegate 00 to the coming national democratic 00 convention to be held heldak at chicago and that a committee wai was elected to succeed the cow corn cittee elected at ogden in 1888 the defendants were present during the heak part of the time in person perdon and aad all dahe time by co counsel but declined to crow cross examine the tha witnesses of the plaintiff from the testimony introduced it appears that hat the allegations of the complaint are sustained and that the plaintiff is entitled to a judgment he fie having shown that there was waa elected in ogden in 1888 by the democratic party a committee known as the democratic mo cratic territorial committee of utah the direct successors of the first committee chosen when the party was organized twenty stars ago which committee was in existence when the plaintiff commenced his suit and of which committee the plaintiff was a duly elected member and the secretary thereof the judgment of the cobit therefore is 18 that the blui i tin tiff recover from the ts to the books and records described in plaint or in case delivery of the E bame ame cannot be had that he recover from the said defendants the sum of 15 together with the costs of this action THE FINISHING TOUCHES the only persons present i dying the time the justice was rendering bis big a opinion were attorney D R trum from the office of judge powers and three newspaper representatives immediately afterwards the de attorney mr J H K hu hurd rd accompanied by stenographer barker entered the room and the former handed banded to justice loab looh rie de a typewritten notice of appeal fr from m his decision BloD to the third district co rt why exclaimed the judge with apparent paton astonishment it looks so as though this notice of appeal bad been fixed up before the court gave its opinion 32 1 ye Y e W 1 drawled the attorney with a faint smile 1 I must confess it is does bear that appearance doe it he simultaneously cast a knowing wink at the reporters as though thinking he bad soured scored a big point that time the judge adjusted his spectacle scanned the document sail all right and the curtain feil |