| Show THE LAND GRABBERS prosecuting city officers lor for protecting city property TIEKE THE TRIAL IX AX AM ACQUITTAL f the action growing out oat of the movements of john joha H linck against the municipal officers was heard before commissioner nor norrel ell today in addition to the former arrests mayor F armstrong marshal A solomon recorder H M wells sheriff A J burt bart and CO others were charged with fo forcibly relby entering land belonging to john H linck mr rawlins asked that the case ase against the mayor maiorand May orand and his associates be taken up ulf first arthur brown and judge mcbride appeared as counsel for the complaining witness and it developed that they were the actual counselors ard and adai advisors a of linck in his nefarious scheme mr rawlins objected to these attorneys appearing without the consent of the public prosecutor but the commissioner overruled the objection the mayor recorder marshal and sheriff were present in court and entered a plea pies of not guilty R D mcdonald the individual who represented the land grabber linck and who refused to retire from the city property at the request of the mayor and was promptly removed was the first witness he te testified stifled 1 I made the complaint in this case was in the employ employ of mr linck on a lot on arse arsenal 1 I hill ill which he be had enclosed I 1 was in charge of a gang of men strengthening the fence mayor armstrong and a number of men came to the outside of the mud wall the persons named in the complaint were all there the mayor got out of his buggy and asked who was doing the work I 1 told him mr linck he asked where he was and I 1 replied ed down town buti but I 1 was in charge as mayor abor he requested me to move off I 1 said I 1 would if he had bad a proper order from court he asked me to go peaceably I 1 told him I 1 would remain till a proper order of court came solomon and burt bart then pushed me down the hill and out of ane enclosure the enclosure was made the day before mr linck employed the men and paid tor for the work to mr rawlins I 1 did not know the land belou belonged ged to the city marshal solomon and several other city officers told me it was city property and ordered me on off I 1 had bad attempted to build a fence before and it was taken down by the city officers I 1 knew they were city officers there was a notice up warning IN people that it was city property and warning keople off it was at the corner of the ground I 1 was fencing that notice was put up on the morning of the loth I 1 proceeded under direction of mr linck a real estate man to fence the ground notwithstanding the ordet order do not know how long linck has been in salt lake he never told me have talked with him about the land he asked me it if I 1 would put up a fence for him but bu did not say where I 1 this was two weeks ago on saturday he asked me spin again on the esth dinst what it would cost we begin began work on the when the mayor came up we were ien fencing cing the enclosure was not completed there were posts all anouna I 1 was bencin fencing the road when the mayor came I 1 hag had fenced across all the roads I 1 was never on OB that hill before ten days a ago 0 the officers crowded we me down the hill hill I 1 told them if I 1 was doing wrong to arrest me but they did not alack h bad been u up there a day or two before marshal 5 I 1 had bad mh been warned twice by marshal solomon before the notice was posted up HP I 1 think there was only one wire at part of the enclosure at that place men sad and animals coula could go in linck told me to close up the road that Is brown and mcbride his attorneys tor told me for him to mr brown the enclosure was not completed when the mayor came U up there ere was one wire around all but ith aal about fifty feet I 1 was between the two enclosures in the ibe roadway when the mayor came when the notice was pu put t up I 1 had one wire put around the enclosures on the first arst day we were digging the marshal and some of the officers dame came up UD in the afternoon I 1 had bad 26 or 28 men the marshal siad and his bis men told me the round ground belonged to the city and ordered me to quit I 1 asked them to produce their papers they then removed the whole of the fence I 1 started to put up snot another her the next day had bad pot got around two enclosures with one wire by night last evening I 1 saw a force of men pulling down the fence fencer I 1 came down the hill when I 1 was put pat off to mr rawlins there was a gap left as a gateway iu in each of the enclosures when the mayor came I 1 was warned off the property a number of times each day the first day I 1 was there I 1 found city officials claiming the land for the municipality I 1 closed up another road beside the main road john H king testified I 1 was working with mr mcdonald for mr linck when the mayor and his bis men drove us off saw them put the tents over the fence and came down I 1 was not coken to at that time but shortly afterward It erward somebody ordered me off and I 1 went the fences were torn down last night about 60 men ca came me with the mayor I 1 saw no rifles or arms of any kind the city was in full possession on monday and the fences were ware moved george tiomai testified I 1 was waa working for mr linck when the mayor came I 1 was at the top of the roadway was asked to step off the land and did so saw r no weapons saw the men throw the tents off the land mr mcdonald was recalled and sald said I 1 did not see any weapons myself the mayor came up with his men a little after 8 in the morning the mayor directed affairs they could have moved me off with less force than they used C E prall testified I 1 was on the bluff when the mayor came up we started down and saw them fire the tents and men one of the police told me to go out I 1 asked if he was in a hurry and he said no betit but it was necessary for me to hurry I 1 saw several guns in a wagon they were winchester rifles Fred Newell testified I 1 was with prall saw the tents teats pulled down and it looked like men going through the barbed wire fence I 1 saw tile the tribune reporter go to te a wagon and pick up a rifle to mr rawlins kawlins the gun was under a blanket no weapons were bran dished by bv anybody D S banki a scotchman testified I 1 was with mcdonald the mayor came up and told us is to get off said if we would not go peaceably it must be forcibly the mayor M abor asked I 1 I 1 are you ready to go or sot not mcdonald said I 1 will go it if papers are served sheriff burt and marshal solomon then put mcdonald and a man named walker off the ground saw no weapons to mr I 1 had bad been warned oft off several times by the city officers there was also a notice to the same effect matthew walker testified I 1 was working with mr mcdonald when a lot of cops and marshals ordered us off the ground I 1 started but I 1 was not going quick elou enough 9 h and they helped me off they give me time molook to look C C newell testified ed I 1 saw a wagon there with some guns did not see the guns till the wagon was being driven off then I 1 lifted the wagon cover ark and saw three guns the officers told us all to get off did not hear bear any swearing it anay may have been Mr Lincks wagon that had bad the guns I 1 do not know whose it was it came up behind the police force the prosecution rested and ras moved abal the charge be dismissed as the proof failed to sustain it the tae prosecution had not shown that linck held the property in fact it had shown to the contrary mr rawlins kawlins cited a number of authorities directly la in point sustaining the action of the city and remarked that the land grabbers had bad been rightly served mr brown replied claiming that the city was not in possession of the land in dispute which he be alleged was unoccupied he claimed that linck had bad the right to acquire a title to the grounds s judge mcbride got oft off one of his bis old t time line harangues about oppression I 1 barbarism canites Da etc and worked himself into a frenzy as he poured fourth a torrent of threats as to the terrible calamities and damage that would result from the cites rap representatives maintaining the cites property from seizure thel the speech was ap apparently ardently intended to enlist the sampat sympathies K les of the crowd mr sheeks followed in a brief speech in which he characterized mr mcbrides Mc Brides idels effort as a 11 howl bowl and stated that it if mr M had been on the other side he be would have it howled about the officers sitting still if they had not pursued the course they bad ad he showed that linck and his bis men occupied bugled the position of interlopers interlope rs and Us hd been properly dealt with case commissioner 0 m missioner norrell reviewed the case and remarked that an owner could coald use such force as was necessary to retain possession of his property the question was whether linck bad a right to take possession thelah does not require a city to station a man or build a house bouse on its property la in order to hold it it is satisfied when the city exercises exclusive dominion the testimony showed that the city was in possession and the possession of linck and his men mea was therefore portions tort torti ions ollis the representatives senta tives of the city had bad not gone beyond the proper limit or used more force than wasa necessary under the law it made no difference whether the land was a public park or not if the city controlled under a patent any open lot that was wa legal possession tile the defendants were therefore discharged charged rd in regard gard to the assault and battery batter charge against marshal solomon M and sheriff Burl the same order was made the case oi of charles hayward who alleged that he was arrested by policeman pickett without authority when he refused to get off the aroun ground was next taken up there was considerable cros cross firing among the attorneys and the hearing was finally postponed until saturday at 4 p in the circumstances of the case are that the officer was trying to get up a post pest when haiward hayward made an effort to prevent it the he officer said 1 I arrest you when hayward ceased his I 1 interference uteri ere rice and was released T HE PUBLIC LANDS the arsenal hill grounds and tenth ward square were held by the city all night and today no effort being made to dislodge the officers last evening the fences on arsenal hill were torn down A great many people were attracted to the hill bill in the evening by the bonfires the guards bad made to sit around but all was quiet THE KIND HE IS J H linck the causs cause of the whole unpleasantness and who has been en in the real estate business was arrested last evening on a charge of violating the city ordinances by doing business without a license he WIS was released on ball bail to appear for trial tomorrow |
