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Show CsUxJAr&y'ti I A: v. f ' ? A f Vol. . ! BUSINESS: BANKING The Akin Trial Contested by Able Attorneys. issues fopeigp apd dorpesblc exGjpapge. HANCOCK RELEASED. . . A f erally kliown that the confirmation o Judge Blackburn has been opposed and his confiration by the Senate not having been wired from Washington nearly everybody was in ignorance of such action having been taken. James Fairbanks was arraigned on a charge of assault with deadly weap ons, a knife, an ax and a pistol. lie pleaded not guilty and April 5th was set for his trial. Several new jurors were examined and sworn in, with the exception of a Mr. Thomas, who said, he bad scruples about taking the jurors oath, and so was excused. After the noon recess, Arthur Brown appeared for William Brock and moved that the defendant be allowed his liberty on the continuing bond on which he was admitted to bai' at the time of the commissioners ex- DISTRICT COURT. UTAn, PROVO, A GENERAL J. Provo City, Utah. 3. Bank of Commerce, DOES i March y, Evans said, wal trying to badger in the witness. Juuge .Powers said he was not badgerifig the witness, for that was a thing he never did. Judge Powers then askep Johnson if he liar ich it was revealei had a vision in of Importance net for Trial Miscellaneous llu.laetw A lluty Week. Cube Dr. G. W. SHORES. ( Office Res. I In Union Block and Smoot & Co.s Drug Store. blk east 1 o Roberts House. J. Shores, A. PHYSCIAN FRIDAY, MARCH 7th. Court was opened this morning in due form. The case of the United States ys. Andrew Anderson, unlawful cohabitation, was the first case called. He plead guilty and had no promise to make. He was sentenced to six months imprisonment and to pay a fine of M. D., AND SURGEON, Payson, Utah. at Offloe Realdenoe, Milliner store. and over M. D. Simons Attends all calls lay or niilt- - F. F. REED, Baal Buildini, UTAH. PROVO, F. H. SIttttONS, M. D. Roam, Ho. 10, ; j 14 doors north First Bank, and at residence, (9 National Prove, Utah. hour, Office Sturgeon. H 9 A. SAzar. to 11 a. m.. and 3 to 5 p. m. J. W. R. WHITECOTTON. Saxey & Whitecotton, at Law. Attorneys and Counselors Rooms & 1 1 1 2r Up stairs oyer Bant Building, TJta.Ii. Provo Olty Mrs. Mary A. Martin. Electropathist. at Office Residence, Two blk east of Roberts House. Thos. Liddiard X Sons, CONTRACTORS AND BUILDERS, - PROVO CITY, UTAH. Are prepared to do all kinds of Mason Work, Expcdllloariy and at the LOWEST PRICES. : Persons intending to build would do well to Address Liddiard & Sonsse6--P. O. 6 Box, 40, Provo City. House. Boiey I Just opened in American Fork, near the Young Mens Hall. Com-misione- Everything new and Our Parlor, n all its appointments. Bed-Rooare and Dining-Boo- m the second to none in the County, being centrally located. It will be to the advantage of all Commercial Travelers to stop here. It is also the best place for Theatrical companies, to stop at, being the nearest place to the Theater. rERMS REASONABLE. Special rates to Theatrical troops. tfrs. C. M. Holey, - J rop. Alex. Hedquist, 1 DIALIBM Home Made and Imported BOOtS and SHOOS. Repairing Done. libber 6oods Repaired. I Rubber and Leather Cement 1 For sale at the sign of the BIG BOOT, Ceittf Btneti - half block West of Bank. Son Thomas Bhild X Have MONUMENTS TOMBSTONES, at Springville, - - Utah, And at Chas. Brewertons, at Payson. All Harry M. Pyne appeared for sentence on the charge ot unlawful cohabitation; no promises. He was also given the . . usual 3 and 6. Juror McKinzie was excused from service for the present. William A. Stewart withdrew his of plea of not guilty and entered one coguilty to the charge of unlawful habitation. Sentence was postponed for the present. The case of the People vs. Annie Marks, assult with a deadly weapon, was called. Mr. King in behalf of the defense, asked for the privilege of withdrawing the plea of not guilty, and of interposing a demurrer to the indictment. Judge Judd made an application to be allowed to assist in the prosecution of the case. The application was not granted. Mr. McKay, for the prosecution, desired to amend the indictment by portion of it relating striking out that to an assault on Bell Tompkins. Judge Blackburn ruled that it would not be necessary, as the indictment would be collective. A jury was empaneled and the case proceeded with. The first witness called by the prosecution was Belle Tompkins, she testified that she lived at Eureka, there Tintic, and that she had resided16th of for about nine years. On the Mrs. Marks and August at 11 oclock, their ler servant girl came out of.fasten-ng louse and put up a clothes line one end of it to my gate post, I went and took the line down and tearing a noise I looked up and heard Annie Marks Baying to the servant Sarah and get out of the iirl,run way; I saw Mrs Marks with a pistol fence. sticking through the stockade She fired and one of the balls struck my little daughter on the forehead, she spun round like a top, and then 'ell to the ground; we helped her to the house and then sent for a doctor and had her head dressed; I am sure it was Mrs. Marks; I saw her with the listol. To Mr. King. The clothes line put up by Mrs. Marks was on my ground; he land had not been awarded to Jrs. Marks by Judge Sutherland. Objections taken by piosecutions. Overruled and objections taken. 1 did not use an oath and threaten Miss. Hanks; (the servant girl) I did not throw rocks at Miss. Hanks; my throw rocks at her: daughters did not did not throw rocks at Mrs. Marks louse; I did not see any rocks thorwn at Mrs. Marks house; I did not admit efore the magistrate that any rocks lad been torown; the house we tore down was not on this ground; the ground on which the clothes line was ilaced was mine, and has never been n dispute; my daughter, Eva, did not fall against the stable the day before and make the wound on her head. I dont remember saying in the court that there was no jlood came from the wound. Judge Judd throughout the case had een giving considerable assistance n the prosecution of the case, and Mr. ting suggested that he be associated with the prosecution in as much as lie seemed indespensible. The suggestion was acted upon. The grand jury came in and reported that they had four indictments. Court took reces until 1 :30. W. A. Stewart came up for sentence this afternoon. lie did not desire to make any promises and was sentenced ;o four months imprisonment and to a fine $50. of pay The Annie Marks trial was then proceeded with. May Tompkins testified that she iven at Eureka, Tintic, and that she was the daughter of Belle Tompkins, jn the 16 of August I saw Mrs. Marks lired girl, Sarah Hanks putting up a clothes line across the disputed ground ard fastening one end to our gate post; 1 went and told mama; mama came out and cut the line down; 1 heard Mrs. Marks holler to Sarah to get out of the way quics, and then Mrs. Marks commenced shooting; I threw rocks at ler after she had shot, but not before. To Mr. King: I don't like Mrs. Marks; I would like to see her sent to ,he pen, so she couldnt shoot at us. Eva Tompkins testified that slie resided at Eureka, Tintic; I know defendant. Last August Mrs. Marks and Sarah Hanks came out and put up a wire clothes line tastning one end to our gate post; they went back in the house and Sarah came out with a basket of clothes; Mama went out with a hatchet and cut down the line; when ma had cut the line, Mrs. Marks came out of her house and hollered to Sarah to get out of the way quick; she then fired two shots at mama and two Bhots at me: one of the shots struck me on the forehead. The following other business was transacted before the court: . Resident Dentist, Office two $300. work warranted. rs : Parley McFarlane. the Manti shooter, was arraigned on a charge of murder; plea, not guilty. William Brock, who killed young Foot in Uintah county last fall, was arraigned and took the statutory time BOUT THE SOUTH to plead. The indictment having been Ldrfress with Stamp. found the court ordered that the defendant be remanded to jail. was arE OFFICIAL IMMIGRATION DEPT Iliram Palmer, a 25 March and guilty. plead raigned was set for sentence. L. Miller vs. B. F. Allman; dismissed STATES. on application of defendant. LLL ROBINSON, The swearing in of Judge Blackburn took that a ceremony was is N .C. It gen certain by suprise, parties Raleigh, ror Information co-lia- b, the fifteen southern Sccry. Cross-Examinati- i a on ! - J. told me he was one of the parties who fired the house. I have been fol lowing him up a little; I have talked with him about three timeB, urginj him to tell about the matter; I offeree him no money to make a confession. To Mr. Evans I did tell, him that I: he would tell me who the other men were I would use my influence to have it go light with him when it come to judgment; he wouldnt tell me. John Bellows was the next witness. He testified: Know Akin; was afrienc and associate of his at the time of the burning; had a talk with him shortly after his arrest: he wanted me to say that he was at Braches house, that he slept there; he said if I didnt he was done for; he did not tell me he was at Braches. I was arrested for burning this house; gave testimony in the Nielson examination; have been arrested before; dont know how many times; cant recall how many times) havent been promised . anything If I would testify in this case. 2b Mr. Evans 1 was not held fofr the burning of the house: I have been arrested for , running horses Iq the street; never was m the peniten- No. 50 y to him that Weal N.ilson was one of the men he had q It was quite lai sape the way John son answered and subsequen questions connect dwith it. Continuing his testimony he said I didn't have a Vision which' I saw the fourth that Wesley- - Nielson man that night; I,, didnt have a cold sweat; I was sick; ;Xor two. or three weeks after the fire; as I was working about, I saw the face of Wesly Neiison; it was no apparition; I. dont believe in apparitions; it was not till after the vision in the garden; that I could with safety place any' 0f the men. When amination. Granted. I saw the men coming to the house DRESS GOODS.:.:: LEADING HOUSE The Grand Jury come Into court and suspected they welcoming to burn it; two more indictments under I was not afraid mh them shooting; l reported told them if they waff ted to shoot to the Territorial law.-- . Mr. Evans said that in the case of do so; Akin spoke. In half disguised Alvin Crocket and Charles Hancock, voice, but I afterward knew him fully; whose cases were resubmitted to this I was hot afraid after they told me grand jury, after careful examination they would not hurts my children; & of theeyidence they had concluded sang one or two comiCjnegro songs and - - we had a good timeI didnt dance for that ltwas insufficient to warrant indictment.In this' the them; they didnt danee either. Todd tiary. Powers what else have ' you Court agreed and therefore asked left to move bis hope a safe distance Judge that Crocketts bondsmen be ex- from the burning house;, he loosed his been arrested for? Witness Oh, other small things. onerated and that Hancock, now in horse and I didnt see turn till the next y The Court Oh tell what it was. the county jail be set at liberty. The morning,' when he returned from SpanIKitness For. throwing peaches, but clerk was directed to make an order ish Fork with two officers. 1 asked to that effect. my boy John if he placed any of the no one was wounded or killed. LaughThe grand jury then submitted the men and he told mq fie recognized Jim ter. This closed the evidence of the Akin; I told him hpt to say anything following final report: To the Hon. John W. Blackburn, about it or he t wojuld get a bullet Srosecution, with the exception of who unfortunately wak through his head;-- did the singing in Judge of the First District Court: Your grand jury begs leave to report the. house, without fa light, to keep absent. It was agreed that the proseas follows:-Ocution should have the privilege, of them in good humori : Redirect They capered about when putting Rockhill on the stand when he the 17th day of February, 1890, we began our labors and have been in they first came up jj as though they came. session eighteen working days and were mad Indians; Ijdidn't tell them Judge Powers then outlined what 7vo Sundays, during which time we that I recognized them for fear they :ie would show by the evidence he have found fifteen indictments in would do me bodily, harm; I havnt would introdoce. case--o- f Territorial cases, and have ignored bad any vision about the matter; I In the five U. S charges and six Territorial; lelieve in, visions to some. extent; I assault, tliq evidence was racy, but inwe have examined a hundred and fif- may have had visions; my boy told sufficient' to warrant the jury to comteen witnesses in all. We have passed me before the honse was fired that he mit, and a verdict of not guilty was one peoples case without action and recognized James Akin.i returned. The case of Charles W. Robison vs. have laid over one U. S. case for the Kate Johnson, a prettyjittle countnext grand jury. We have also ex- ry lass, was next called. She testified: W. II. King, was dismissed on motion i amined the county and city jails at am the daughter of first , witness; I of J. J. Gilles. In the case of Geo. W. Hancock, Provo, and find the same kept orderly was awakened the night of. the filing and clean. We also examined the jy our little dog comipg to my bed and charged with murder, the aefeudabt Territorial asylum and found ft kept whin ing,I saw that the house was on was arraigned and March 12th was s?t in good order and clean, but very much fire and called father; we all got up :tor hearing his plea. J. W.N. Whitecotton was appointed Lamps, Glaswarc, Window Glass, etc. crowded, finding one hundred and and put out the fire;"we went back to the court as council for Parley Mcsixty-eigsome was y males bv awakened and I bed; again thirtyo inmates, sixty-twfemales, who appear to be one talking gruffly; gut. up and went Farlane. A GREEN HALGH, Prop. clean and comfortable. Nve consider to the door and saw three masked t vdry necessary to give the inmates men; they had their guna. drawn on ((ITUB IILSLVESS. G. and H. Centre Street, mure room. We served twelve days in apa; Geo. Todd came out and one of .hem asked who he was and pa said U. S. cases. J. P. Crosier, PROVO CITY, Foreman Grand Jury. that is Geo. Todd;; We thought it Utah Co. Utah. Salem, was Andrew Stewart: if it had a been March 7th, 1890. we would have Killed him; they said MONDAY, MARCH 10Tn. taken an. oath to fire the Editor Oazttte: Court met this morning at 9:30 hey had were carried out and the own; things clock pursuant to adjournment. had some peculiar proceedings ;he house set on .firejL-rgpognized n We In the case of the People vs. Geo t Jas. our town' the other day, 1. hadLbeen.. W. Hancock, .murder, March 12, wasf-se- with .Akin; Ex Justice of the peace, Charles L. heard him him a and talk great for hearing a plea. was a with Disen, charged violating him could his I tell deal; plainly by J. W. Whitecotton was appointed to speech: own ordinance by fast riding through soon as saw as knew him I I defend Parley McFarlane ontlie charge streets. He waived arrest and 'iim; I have been satisfied it was he the of murder. was go free on his own recognizever since; do not know any of the ance let By consent of the district attorney others; to at court next day. It We the choicest parcels of Real Estate were altoappear men four the there the plea of not guilty in the John Pal-ma- n a Olsen is favorite with the appears case was withdrawn and March gether. Utah Valley Correspondence town board, as that body assembled City of Provo Powers-Aki- ns 4, set for hearing argument for de- wasnt dressed inbyaJudge which wrote an to order and Justice the way solicited murrer. answered . him to try the case, giving as promptly at all respectable; am not youd sure In the case of the People vs. James call reason their that the town was unable R. BRERETON, Pres. V. Aiken, arson, was called and a whether lie had on a hat; his clothes H. C. EDWARDS, Secr- the cost of trial in case of the were pay all had on he raged; something ury empanneled. District Attorney lis face; I was and defeat ;owns that (the board) frightened; father sang lelieved the charge they svans and Hon. W. II. King acted for he was entered we were while in songs passing he prosecution and Judge Powers ap- and hrough malice. At the appointed out, carrying the things; have time peared for the defense. defendant appeared, court never talked this matter over with called the Akin is charged with the burning of to order and the defendant nor one fire with the atber, else; any a house occupied by William Johnson, made a brief harangue. The Justice country a great distance. ast July. lie had a preliminary ex- 'it up theJohnson was the first witness then arose and dismissed defendant. Johny amination in Spanish Fork, the called at the afternoon session. His asIe than declared his official position crime having been committed Justice of the peace at an end as was corroborative of what estimony ust west of that place. An appeal its he would not fill that position while to. father had and testified sister was taken and Akin placed under Ie had unfair and partial action was LEADS THE TRADE IN PROVO. part in putting out the such )onds which he skipped. One of his first fire;taken demanded him of The board. the by seen men had the coming, Mammoth stock of Light and heavy Harness and bondsmen, John Rockhill, got track knew Akin when lie first heard court was then dismissed, sine die of him and securing the requisite pa-ie- and is Considerable talk the Saddles of all sorts. going speak and his general appearance. rounds of the town and fair went after and captured his man him minded R. Luther testified he Stewart that Tlie beat goods n Texas. On returning to Provo the ived near the burned tho indignant at the partial and the men areaction premises; is Jus-licmatter was patched up and Akin was cousin hoard. taken the The solicited. by e illegal Correspondence of Andrew Stewart; is the again admitted to ball. Judges Powers is witness, irosecuting complainant, of Peace of the that Center precinct; deSt., Provo, Utah. and Saxev were counsel for the lalkingof taking the case elsewhere (onws Akin; had a talk with him fendant. also to Investigate the action of the fire afterwards; he Bent for and After the boxing of a jury, Wm. me; there ;he town board. The town proscut-in- g an was of examination Johnson, the occupant of the fired Wesley Nielson. Just after the exdid not ask a question in attorney louse, was called to the stand and amination word was brought to me regard to the case of a. single prosetestified in substance as follows: and worked from behat Akin wanted to speak to me; I cuting witness I was living at Benjamin last July went to in end favor of the defendginning out and Akin anu I went off a n the fired house, having leased it The defendants witness, his ing me he told was and Nielson that ways rom Andrew Steward: my two chilwas running the man; that he. Akin himself, brother, says the horse dren were there also; the date of the not side says, it was but the other awsv, was bethim told be it would I there; firing was on a Monday in July. Sun- ter for him to tell who was he the first time they ever Baw a man day evening George Todd or Payson said no, that he didnt dare there; do it as whipping his horse when running came to get his little girl, who was sworn all had that they should away with him. staying with my family; Mr. Todd re- they Yeritab. one ake the life of the who should mained all night: early in the morning reveal names those of a the who had was awakened uy my little daughter, Akins father came to us Utah Copper Hlneih T3 CO who cried out, Father there is some- hand in it; his son to make a whole and urged 3 in the C stove; get father, thing cracking on About fifteen miles he of of said north if the would ireast I affair; Vernal, CIS o !: 3 we U .2 and house i in got up fire; up, the . ! rn a list be would indicate who Uintah county, Utah, is the old BulI makewere; extinguished the flames; Todd and one said of be them lived set on the steps and the children en- they n Provo Valley, and another in Skull lion Mining District which was opened tered again. After a little we saw Valley. during the old Fort Thornburg days, three men coming along by the This was never came to much because it but nearly me came to fence; they up and told mouth the after Akin was fire; so was remote from any ore market. hold up my hands, at the same time bound over and was out on bail. I were on is It just as far off as ever, but the me; they masked; guns pulling 1 bantered with them, but they were went with my cousin to Partelles; I Dusliesne valley is so obviously a railunderstood that my cousin was going road in dead earnest; they said that if 1 to of the future and so much path some see about witnesses; I under- has been said of road had been Andrew Stewart they would stood tiirough that there were parties who at an early date that building have shot me dead. They ordered me would for renewed all tell about $50 who the Is felt in the mines of Bullion. interest out the house; I made necessity a vir- parties were; it is my There understanding are undeniably large veins of low tue and turned in good naturedly and ' A. said hat he cousin, my that some specimens of very moved out our household things. I would J., $50 if they would give the grade ore, and give have Those desiring any thing in tho Horn ess and Sadlcry line recognized the defendant and another evidence liigh grade produced, but the Wesley was bound district not has shown until man, Wesley Nilson. After we got over as anstraight. recently accessory. the things out they fired the house. developements of a startling charac-the- r. will find it to their advantage to call or write to me. Judge Powers Nielsons case was They said they lived sixty miles away X)uring recent years a Chicago in the mountains, and that they must iguored by the grand jury. spent some $10,000 in workCompany Objected to by Mr. Evans. away to the boats; they fired three ing a copper mine, teaming last sum' shots and then left. I didnt see deJudje Powers I merely asked that mer many miles to the railroad whence fendants face, but recognized his to exonerate Wesley Nielson. it was shipped to Chicago, and there voice; he had been at my house on the Mr. Evans How long did Akin re- sold, so it is alleged, at a profit. AfSunday previous and talked with me main about after he was bound over? terwards. when Thornburg was taken for an hour; the house was burned away and the few Inhabitants of this Witness One or two days after Wes- remote Monday morning, less than twenty-fou- r ley Nielsons examination. valley were left to solitude and hours after we had had the talk; the Indians, years were allowed to Akin say he was one elapse without much work on thfi proSunday afternoon, while we were talk- of A juror Did men then? three the lie as a he advised friend, me, perty, but last season the old company ing, to to not WtfntM do the house, Yes, sir. To Mr. Evans. resumed Its active labors and opened with a large and well selected Sfock of said, anything but work at something out of which I He said they haa sticks instead of guns. up the mine still further. Though it could get my pay. I asked him how about the three Bhots, promised well, it could not be called a and he said they were fired from a great mine when the manager closed by Judge Powers: There were three examinations held pistol. his seasons work and returned to Chi-- ANDin this case; I didnt testify against Theresa Todd said: I know the cago; but his back was scarcely turned old man Akin at any of them; it was Johnsons was visiting with them the when some of the men who were worknot be who had given me the advice nirht of the fire; I was awakened that ing for him relocated the mine and about working on the bouse; when I night by Katie calling to her father commenced work at a point not over put out the fire I did not look about to that the house was on fire. The wit- thirty feet from the mouth of the old AND LADIES AND GENTS see if anyone was around, for I ex- ness then described the putting out of shaft, and by this time they haye quo pected it; it is my impression that two the fire and the balance of the trouble of the greatest copper mines iq the of them had crape and one of them as testified to by the Johnsons. She had west. They have stripped the face 0 wore a regular mask; didnt say to seen Jimmy Akins quite a few times; twelve feet high and four to six feet Akin that lie ought to be ashamed to knew he was there that night;, knew wide, all of which is in ore containing be doing what he was; I recognized him by voice. fill to 60 per oent, copper, while the inFull line of Under-we- ar for Loth Ladies and Gents Embroideries, him by bis walk as well as his voice. are next that testified: I dications Benjamin Argyle might strip a Laces and Materials for making Wax Flowers. The witness got considerably mixed arrested the defendant the day after hundred feet wide they with the same reup by the questions of Judge Powers. the fire; I loundhim in a meadow sult. They each consider their inter- CALL AND SEE US. We have some lines that we will sell at cost, The latter brought the defendant to a maoh ne sickle to mow hay ests worth up in the hundreds of the front to have the witness look at sharpning I had a talk with him about the fire; but the from thousands, party Chicago his legs. Mr. Evans then interposed after he was out on bonds; I suggested has been heard from and there is an objection to the examination of the it; I talked to him about the parties likely to be. some trouble in defining 132 W. Centre St. fitness by Judge Powers, who, Mr. who had a hand In, the burning , he Proyo, con-sciencio- us C. S. THOMPSON, Cher. SC. Dc Valley, Pres. 14, 1890. Cross-Examinati- frFi & on JN FlirnisHing Goods. GioLhii)g wm- 1 M oit-- OIL HOUSE Marks-McMurphe- y. GROCERIES, ht ! 9 between -- I handle in -- and and Cross-examin- ed for-liddi- ng ; C. S. Rasmussen, THE HARNESSMAKER! al-eg- ed rs for a-o- least ut GEO. W. WILLIAMS, . The Payson Harness Maker Still Leads with the largest trade IN fi Cross-Examinati- tHe lINe. on CEO. WILLIAMS, . miw cmr, 1ST OPENED -- Crdss-examin- DRY GOODS ed CLOTHING. -- IFU Rftl OSH IftC C,0P James Thomson, - |