Show OGDEN department DISTRICT COURT proceedings AT TEN thanksgiving ii morning his lionor honor took his seat the clerk read the proceedings of the which was wag ratified by the court W H dickson esq prosecuting attorney came up from tile the capital and took his seat among the members of the bar and the court room was again filled with spectators from various parts of the country the special call of the fease of the people vs charles branson charged with grand larceny was the arst first aise case tills morning W H dickson esq prosecuted and N tanner jr and james N kimball esq were retained for the defense A J ary was im paneled to try the case the names of the jurors tre tore daniel woodland F foy george burrows james S thomas thomas henry Larson Mark fletcher joseph jenkins Jen kina W M barry james oconnor thomas grant W M bowman and andrew larson the clerk then read the indictment which charged the defendant with having on the t of june last stolen national bank notes to the amount of from D C llewellyn in box elar county the alleged victim was the first witness he stated that he was asleep in a second class car on the C P R JB on the night of the day named and he be had about or in a pocket book in the left pocket of his pants he was asleep at the time when he awoke the book and money were gone the train was going west at the time but lie he could not tell at what part of the road they were or whether they were near any particular station at the time the cash was taken it consisted in part of national bank notes and part united states currency he also had a little silver in the same pocket when he left ogden and that was in his pocket when he woke up he did not rel remember hember the numbers of the bills it was between five and six next morning when he missed his bis imaney witness present residence is san francisco cal N tanner jr was then called as a witness lor for the prosecution and said he did not remember the exact date he was eri engaged for tile the defense it was just previous to the finding of the indictment ue be received some money from the defendant he was asked what kind of money mr kimball objected to the question as being immaterial overruled witness then said he received a 50 bill in currency from defendant in jail by currency he meant paper money mrs kate allen alien was the next witness for the prosecution she had seen the defendant in an upper berth of the railroad car on the of june also saw the complaining witness the same time and place defendant leaned from his berth and moved the curtains of the berth of witness she asked why he did so he said he was sleeping ale ping there he leaped from his berth reached down a slant took up her satchel fumbled it over took up her looking glass and examined it did not see him take any money john K R batchelor builder of sat sab francisco cal was waa on the train in question and saw mr llewellyn and mrs allen alien on it at the time named in the complaint first saw defendant on a train in the east he left him at denver and subsequently sa saw him again on the train ac at ogden oden did not dot see defendant go into ole the car of co complainant nant but saw him get out of his r berth and go towards the car complainant nant was in this was about midnight exactly five minutes to twelve at that time defendant came in again and got up into his own alberth witness was on his way to san francisco and occupied his own car all the way home E was sworn he is conductor on the train in question and saw the defendant there first in the smoking car corinne he run as far as carlin met first eastbound train at tacoma searched the train near wells nov nev for defendant but could not find him he he having disappeared during the I 1 night mrs kate llewellyn wife of complainant nant next testified was on the train with ner husband saw defendant at night in the came car when she was in her berth he was pushing against the berth of mr allen alien her husband asked him what he was doing said he was sleeping and it if he was disturbed he would go to a car by himself E R H stater slater of hot springs was thereon the of june saw S w the defendant there with some lady whom who m he be claimed as his wife on the t they came to ogden he returned to the springs next morning at 1105 luty was recalled and said they seldom have passengers on th their ir train for the hot springs but if chef they do thelby request or permission put them off opposite the springs the westbound west bound passenger train leaves ogden at 7 pm bassenger ras ocal local 4 time BF deal detective officer of san francisco deposed to arresting the defendant on the of july last between ogden and he first saw defendant he had no check but saw him take one out of aia another other mans hat bat go into the closet and came out again with it in his own hat he gave the name of chas branson witness searched him and found on his person 75 conductors checks from san francisco to various points on the roads south of that city and some to places in other directions they were here produced by witness as evidence he also found several hotel cards lor for putnam etc in southern california 1 when arrested defendant said he bad never been any further west than corinne the defense objected to the introduction of these articles he also found 20 in gold and ten and live dollars in greenbacks green backs when at corinne he ha shipped him and made a thorough gli search of him he also brought him to ogden and searched there at the city jail when the prisoner acknowledged that he had given a 50 note to tanner which detective had not seen he also had a diamond worth concealed on his person sheriff G R belnap deposed to searching the defendant at the jail ail about the first of july and finding a diamond in the lining of his pints pocket jailor M F brown testified to the defendant being brought to the jail by deal and being searched by both of them no other person had searched him up to the time the prisoner was delivered to the sheriff that day at 1230 the court took recess till 2 p in at that hour mr kimball Kia iball moved to strike out all the evidence of mr deal relative reia tive to finding the railroad check on defendant the objections was overruled and partly admitted the testimony being all in mr ogden hiles addressed the jury for the prosecution he recapitulated the substance of the indictment ent traced the movements of the defendant up to the date of finding reviewed testimony of the witnesses and argued that upon no other theory could they explain the conduct of the accused at the time of his arrest and his conduct here only that he is guilty he pointed out with clearness that all the movements of the defendant on the train and at other times j and places indicate his guilt his address was very brief and terse mr tanner followed for the defense he argued that in i n order to find the defendant guilty they must find beyond s reasonable doubt that the money found in the possession of the accused was the identical money bills of the actual denomination and kind as those which are alleged to be lost by mr llewellyn and also that branson had taken them unlawfully from the complainant he pointed pointe ct out that it was shown in the testimony of LIewellyn Llewellyn that he did not remember whether the 50 bill was a national bank bill or whether it wasa was a united states treasury note and so with some seme of the other bills alleged to have been beeg stolen from him he thought the jury were not satisfied beyond a reasonable doubt that it if the complainant had been robbed of the money alleged that he defendant had stolen it from him they must be satisfied of this tact fact before they can find him guilty there has been no evidence adduced to warrant them in such a finding mr kimball followed tanner and argued in the same strain lor for a short time mr dickson made the closing speech he said he did not aver that any one point ot the evidence taken alone was sufficient to convict but he did claim that the whole taken together was amply sufficient for this purpose counsel for defense had asked if there was any peculiar characteristic in the lea features tures of the defendant that would indicate crime in answer mr dickson said pointing to the accused man no man can look into that face and look into those eyes without seeing crime written there counsel analyzed the whole of the evidence and in his bis most scathing terms denounced the defendant as a liar and a thief and said helas plying his profession as a robber when he was arrested by deal on the traina re he submitted the case to the jury assuring them than branson stole the money he is accused of and aad that they ought to convict him the court then charged them and aad at pm they retired while the jury were absent john stoddard was arranged arran gedon on two indictments charging him with unlawful cohabitation he took the statutory ry time to plead emma sarah saraa agnes and ellen stoddard evere were placed under two hundred dollar bonds to appear in this case on wednesday morning next december I 1 st at the bonds of elder stoddard are low and 0 2000 respectively at AA half past four the jury tiled filed into court again and answered to their names and presented a verdict of guilty against charles charged in the indictment next monday is the time set for passing sentence on him elder stoddard then aroe came into court again and pleaded g bilty to the C charges barges above named against him he will be sentenced on monday court then adjourned till a m saturday OUTSIDE OF COURT mit MB W H DICKSON came up p from the lie cital capital to attend the district court ahns thursday ay he was a guest at toe the broom hotel ON thanksgiving day many of the ogden west went out by byl squads to the sage plains to dunt h the jack rabbits they returned in the evening with vehicles laden with many of those little quadrupeds which they had slain THE mountain moun taia rangers who every fall go into the hills and distant valleys to c chase go use the wild deer and the bounding roe have bagged a number of this kind of game which they have brought howe and placed upon the market among them are some fine fat bucks which weigh several hundred pounds DR DK SLATER of the hot springs says that thai he has replaced the building which was some time since destroyed ui by ure tire with a line fine new structure 5 by feet and which contains all told some 75 rooms for the accommodation of the numerous patrons of that popular health resort for invalids shenew the new building will be ready for occupation about christmas ELDER JOHN STODDARD who has been absent from home fos for some time past returned tb day to see the children and some of his friends thursday afternoon he was arrested by deputy marshal exum and brought into court he is charged with unlawful cohabitation he was bound over in the usual sum to appear when wanted for trial THE GRAND JURY ignored the bill against mr john douglas of west weber who was arrested several weeks since on a charge of unlawful cohabitation he is now a free man he is over 76 70 years of age and is very feeble |