Show DISTRICT COURT murder case goes to sanpete county water Ref crece decision ap proved and affirmed the tall term of the district court for emer county convened at 10 a m thursday with judge jacob johnann on the bench the officers ard attorneys in attendance were district attorney livingstone county attorney truman court district ourt clerk fo deputy clerk sheriff tuttle and the tollo ving actor nes D N of salt lake G W collier 0 new york L R rhodes of price judge woods and D dickson of Castl fdale soren X chris pleasant wm howard ind georgo M miller of huntington will reid of manti john reid U E curtie ot oranges ille the first order of business wag the ar ra gement ot frad mickel the slayer ot lew M link defend int was brought into court and after the ban 1 cuffs had been removed from his wrists was order ed to stand up to listen to the reading 0 the complaint charging him with the pro meditated murder ol 01 lew link in cas on the day of august last he entered a plea 0 not guilty D N of the firm of A lippman salt lake and soren X represented the aeten dant v hi ie district attorney livingstone appeared unassisted tor the state coun sel tor the defendant then moved for a change of venue presenting affidavits sworn to by J P lund ole olsen and nells adier alleging that the case had been so much discussed aa to cause aare judgment bv the people that dixe opinions had been formed in their and that it would be quite impossible for the defendant to receive a fair and impartial trial sheriff cuttle was put on the stand by the defense and testified that ic his traveling about the county he had heard the matter freely discussed and opinions both pro and con express ed but he was of the opinion that it was possible to secure a jury in this county to try the case fair and impartially dis tact attorney livingstone fought against the granting of a change la pass ng upon the matter judge johnson dwelt at some length upon the points get forth by the defendant s counsel e to the publication in the progress ot the proceedings 0 the coroner slur and the general discussion and expressions of opinion by the citizens ger brally upon so important a matter he stated all euch act ons were common in ill communities and do cot afford sufficient reason tor a change ot venue incases of lawsuits in which large local corporations such as niter companies stock grovers assoria eions etc in which there are many stock holders connected therewith there is more reason for bi is and pre judgment 0 the case tor reasons thit are quite plain but in cases of capital punish ment where there was but one ind nd ual defendant bias was leas likely to pre v ail the motion was thereupon over ruled defendants attorneys then asked for a continuance of the case until the next ermol court because of the absence of an important witness and also of the ab sence of judge orlando powers the loada g attorney tor the defense the die net attorney objected aad the dc genao ads given untilla p m to prepare the affidavits ind arguments in support of their request upon the court at 8 p m the counsel for both parties in the mickel case asked for and were glinted a change of venue to sanpete count the district attorney s consent having beeh gained during the recess the case will therefore be heard at manti in january next fhe action of the district attorney in this matter was a subject of some critic ism but in justification of it ho contends thit the state gains an advantage be biuso of the lare number of jurors that bould need to he summoned here before an acceptable jury could bo had the time and expense he contends aou id be greater here than else chero ind the state s chances tor a conviction are in no vine jeopardized OTHER mm IBS the state vs peter P mickel joseph seazey and lee mcdonald convicted at last term of court of grand larceny by reason of baling stolen a number of boises came up in the afternoon on a motion tor a ne v trial because of the al lebed prejudice of J W killian trial juror affidavits knorn to by fred A killpack ira browning and vie olsen alleged thit juror killian on the day be fore he was accepted as a juror made certion statements against the aeten cants among which was that he thought the were guilta and douht to be convict ed on general principles said presumed that killian was a witness tor the con creation is al lebed to have occurred in dr pearson s drug store in Castl edalo the latter al so made affidavit to the tact that he heard the but laid no pir p ir nicular attention to what ft is saiu in defense the state presented an ako from fred killiad stating ahat aae ottas had been of the alleged statements made by kil ban on the dai before the trial and of the danger of having him upon the jun but said defendant said let it go affidavits were also presented from P ottosen and S V A cord ft ho were present in the store at the time of the conversation in aich the deny generally that kilena made such state ments charged etith in the former at fi davits the state desired to kil lian upon the witness stand and expect ed him in from colorado and because of his absence the matter was contin aed and will be heird further at judge johnson a home in spring cit on nov 2 ahe matter 0 J W seel et al the school 1 Cist ledale was heard on i demurrer to complaint which waa overruled defendants were given awen ty days to answer james moyle coun sel for defendants vas not present sor en X chistensen appeared for the pro se cution peter petersen et al s western 1 company contin aed until next term the mitter will be a jun trial unless settled out of court the divorce case of joseph dumayne vs elizabeth dumayne furnished the come ay iy of the term parties were ned in wales but plaintiff dian didn t know lust when demane is a farmer of clevelan 1 and waa a coal miner at field his stife left him about i ice vears ago and hie ground for divorce was de bertion his ife entered a counter corn plunk alleging ill eging that hubby had beat her and her daughter ard threatened to use a knife and gun on her besides calling her vile names testified fed he never owned a gun and the trouble or igina ted over the daughters staying out till 1 2 and clock in the morning about a aich he protested and his wife choked him for so doing after his wife ifft hain he wrote her several letters ask aing her to return but she refused to do so joseph was given a divorce and all the property the children are grown THE LOCAL ft ater the report of the referees in the matter of the cottonwood creek water claimants tiled lat spring was approved an 1 if firmed bv judge johnson the decision was published in the progress ie time ago and is the no v is then orders there was no work for the petit jury vero together the W J loiell jr vs winders was continued court appointed 0 J and nad olsen jury tor the ensuing ear sheriff tuttle and id elseo left anth the prisoner bred mickel on friday cornic mo he atas taken to provo to be hel 1 there until this when ho will be taken to manti to a vait trill in january george W coll er an attorney 0 new york cit representing the foreign es tate of henr P degnal deceased dece sed of new lork and asked for tho appoint mont of henry D cochrane of bev york as an executor with to dis pose of certain property in this county belonging to the estate which ans some acres of patented coal land sit bated in banou ahe re quest was granted |