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Show MOBKIXO THE EXAMINER : OGDEN. SATURDAY UTAH, MORNING, FEBRUARY 21, 1S9S. 3 SALT LAKE AND STATE CORRESPONDENTS (FROM UP bolstering Slit continental. "1 Lake, Feb. 23. want to Thai I propi-- e to try lawyer, and not get court ed la the newspaper, after affoid to make long Journeys. Stock companies were organized in all the larger cities, as the supporting aggregations for great atara. It was thla character ot a company with which Lindsey was associated for so many yean in the early days of Salt From the time of his Joining the company of the Salt Lake theater until its disbandment in the latter part of 1972 Mr. Lindsay continued a member of the aggregation uninterruptedly. During those ten years Mr. Lindsay met and played with nearly all the great stars of that time. Among these latter were such players as Da enport and McCullough, Adelaide Nielsen. In 1872 the Salt Lake theater stock company disbanded. Upon his retirement from that company Mr. Lindsay went to San Francisco. Cal., as stage manager of the old California theater, from which ao many ot this country's famous actors and act res sea have graduated as stars. At. that time Thomas W. Keene, Frank Mayo and other well known players were members of the company over which Mr. Lindsay presided. After serving for two years as stage manager of the California theater, Mr. Lindsay severed hia connection with the house to become leading man for Daniel E. Brandman, one of the greatest stars of the middle 70e. Whh Brandman. Mr. Lindsay played for several seasons. Liter he supported George C. Milan and other aura of that period. could tar iu TKred Judge O. W. jwito ini the trial of the which la on trial before Judge the Diehl in court. the of city divUlon criminal Instantly Aiwtant County If Job Lyon wan on hia feet. that 1Judge have to insinuate 7n?.uch thing. I Wish poaitively aaid Mr. io deny haring done no, then demand a denial from the counsel county attorney retorted the for the defense. . The disclaimer was forthcoming, and Tery emphatically, tou from Mr. Christenson. Judge Powers said he would take both statements for what they were worth. The court room was kept decidedly warm during the entire forenoon season. The main supply of fuel and flame was furnished hy the defendants atFran-i-lactorney and F. M. RalB of San who was upon the witness stand the greater part of the hearing today. At time Judge Powers went after the witness in an austere and rigid manner, and Mr. Raiff retorted in kind. Then again the man being examined would break In during arguments of counsel on both aides, and Judge Powers naked several times that the court silence the witness. "He interrupts me. aaid the attorney. "Yea, and he Interrupts me," flashed back the man from the Pacific coast. Early in the examination Mr. Raiff denied having signed n certain telea woman had gram, hut said that signed it. Judge Powers made use of the statement frequently, na he produced telegram after telegram, and sarcastleally naked. "Did you sign this, or did a woman sign it? The usual snswer of the witness was that a wo-. man had signed the paper atenograph-ically- St MORE DIVORCE Coul-doc- SURE HAYWOOD IS INNOCENT. Uke, Feb. SUITS. 23. was filed in the district court John A. Rider against Mattie SMELTER SMOKE CASE. Salt Lake. Feb. 23. The Jury In the of William L. Turner vi. the Utah cue Consolidated Mining company, which hu been on trial in Judge Lewis court for leveral daya past, thla afternoon rendered a verdict In favor of plaintiff for the nun of 130. The action was brought to recover the sum of 11,949.60 for injuries alleged to have been caus- plaintiff's farm and stock by the and smoke from defendants smelter. The Jury found that plaintiff had been damaged only in the sum of ed to fumes 1130. SUPREME COURT. Balt Lake, Feb. 24. The aupreme court today heard arguments In the case of C. J. Grandln vs. the Southern Pacific company, appellant, and look ihe same under advisement. The esse of the Ercles Lumber company, appellant, vs. Mrs. H. Martin, executrix, has been continued for the term y stipulation. J. S. LINDSAY DEAD. a Actor Succumbs to Death Years. Age of Sixty-Si- x Salt Lake, Feb. 23. The Herald aaya: Mrs. H. M. Carruthers, 534 South First Weat street, mother of William B. Haywood, secretary ot the Western Federation of Miners, now uhder arrest charged with the assassination of former Governor Frank Bteunenberg of Idaho, declares she la sure her aon la innocent of the crime. Mrs. waa greatly grieved when her son was arreeted, but she la confident that he will be exonerated from any connection with the assassination. Her husband la seriously ill. "There la not a blemish on my eons life she aaid, last evening. "He baa bent honorable and upright from his boyhood. He la not the kind of a man that would stoop to conspire against anybody, and I have faith that he will be released. "His father died when he waa n boy about 8 years of age. From that time on account of circumstances he helped earn his own living. When a young man he went to work In the mine and followed it as an occupation for some time. He worked hie way through the world to the position he now hold! In the Western Federation of Miners. Mr. Haywood waa born in Balt and lived here until he became a young man. Ha received his schooling In the Balt Lake schools, and later went to work In the mines. Hia right eye la defective, having been injured In a mine accident at Silver City during hia residence there. Mr. Haywood's mother afterward married H. M. Cami therm, and for a short .time lived in Provo. Later she moved back to Balt Lake, where she now resides. Mr. Haywood had but one slater, who to married and living here. He haa several and sisters. Mr. Haywood has visited hia mother In Balt Lake several times of late. He was 86 years of age Feb. I Car-rnthe- rs Suit for divorce today by Elder on the grounds of desertion and cruelty. The complaint alleges that on July 10, 1901, at Van Buren, Ark., defendant drew n gun on plaintiff and threatened to kill him and also that on several other occasions she has threatened hia life. It is also alleged that on July 10, deserted plaintiff. 1901, defendant They were married at Dayton, Tenn., on January 10, 1886, and have one child, 8 year of age, of whom the plaintiff asks the custody. Norma A. Kent filed suit for divorce In the dlatrict court, today' agalnat George H. Kent on the grounds oT desertion and failure to support. They were married at Bonnera Ferry. Ida.,-oApril 2, 1893, and It la alleged that defendant deserted plaintiff on August 1. 1904, and since then has failed to support her. Salt AND STATE EXCHANGES) at Kelt- Lake, Feb. 23. John S. Lindsay, for years a leading figure In dra. matic circles of the west and aoulh, died yesterday at the family residence, 256 South West Temple Street Mr. Lindsay waa for more than ten half-brothe- ra last PELTIER OUT OF JAIL. Salt Lake, Feb. 23. J. C. Peltier waa released yesterday from the coun- ty jail after serving nearly a year for Impersonating g United States secret service agent. Peltier came to Salt Lake hut spring, eaying that the government had Beat him here to learn the facta of the Smoot case. He, was entertained by Smoot and others Interested In the case, pnstofllce Inspector F. C. Shsrp learned of his clalma, and finally traced him to Texas, where he waa arrested. United States Attorney Joseph IJppman conducted the prosecution and Peltier wsa sentenced by Judge Marshall to serve time la the county Jail. While Peltier was here he was accompanied hy a woman whom Tie called hia wife, but after hia arrest another woman wrote saying that she was his wife and was glad that he waa finally found out and arrested. KAYSVILLE years a prominent member of ihe old nock company of the Balt Lake thea-e-r In the day when Brigham Young was at the head of the theater as well as the church. The life of the veteran actor la replete with success in dramatic work, and full of incidents Unking his name with the names of some of the s actors of the MILLING CO. Kayavllle, Davla county, Feb. 21. pleasant reunion of the family of Mr. and Mrs. John Flint of Kayaville was held at the family residence on the 18lh, before the departure of Mr. and Mrs. E. C. Barnes for their new home at Idaho Falls, Ida. On Monday last the 34th anniversary of the marriage past Bwn In Liverpool, England, Nov. of Mr. and Mrs. Flint waa celebrated 11. 1840, of Mormon parentage, Mr. by their children, all of the family beI.hidMy was surrounded hy church In- ing together for the first time in many fluences from bin infancy. In 3851 yearn Mr. and Mrs. Barnes left for their Mr Lindsay's family moved to Amor-wher- e the head of the hoiiae took home on Wednesday. Tbs smallpox cases In the family of up the preaching of the Mormon gna-pe- l. The family lived for eight year Brigham Young are improving. 'The In and about St. IjoiiIs, Mo., after com- complaint la In a mild form. No furing this country. In 1869 the elder ther outbreak is feared by the local Lindsay cast hia lot with the Mormon board of health. tosdera who crossed the plains to esSeveral inches of anow fell last night tablish Eton City. but Is rapidly melting. Young Lindsay wsa art to the task of The Kayavllle Milling company's driving an ox armas the desert. During the plant la now in full operation, the conJourney across the plains many were struction work of the mill proper havhe rxrlting occurrences. Lindsay, ing been completed. The company is 'noiixh bur. a lad of 19 years, was look- installing a modern cereal food departed upon as one of the bravest of the ment and will be on the market soon nravc in that band of men. During with n line of such products. In addillp exodus of the Mormons tion to regular mill products. The Linds jr delighted the party to voung which companys flour will be placed on the he was attached by reading and re- Salt Lake market about March 1. nting to them selections from the c.aaajcs, especially Shakespeare and APPOINT SUPERVISORS FOR THE ochlllcr. A world-famou- half-centur- tin On arriving In Salt Uke City young Lndsay became Identified with una-jen- r dramatics. He found time hia hours of labor and study to e'sy small parts jn amateur compan-"- I tl associates. So great was his success in this work that Prexl-""tBrigham Young, who was the Ralt Uke theater at that me. took notice of the young man's in 1862 waa given a P c in the Salt.Lindsay Lake theater com-- ( permanent organization .at. v time. At first only email parts ? in?'I.1- - the FO etor, but ,re,r 5n the company his " ,'how?d to such advan-wT- i lhat h de one of the R nenbera of the cast. It waa year of his assorts-wit- h the company that Lindsay fhe greatest hits of his P''ln8 the king In "Ham- to? be-we- it con-d"cti- dur-talL- ' Sd ? .J'1 !.h" r,n and 6 companies. ha there were few Tj, bUM Ume ROAD DISTRICTS. uncollected portion being accounted for as follows: Tax sales. $637. 5i'; suoe-queabu'ciuenta, taxes, $ 427.44; erroneous assosmen1.. 1279.90; $159.58; double aweasmeut a. $73 4;. uncollectible, $123.46. Total umvlieci-edfl.701.SL The state of Vtah recced for state and school purposes $J4.'I565. The county and county school funds and the sheep amounted to $23,620-33- . Inspection fund was $75 71. The balance was divided among the fourteen aehool districts, as special taxes, as follows: First, $1,530.84; Second. $2.- 244.20; Third. $2,212.61; Centerville Sixth, $1,301.13; district, $1,270.05; Seventh, $005.63; Eighth. $12.-1- .17: Ninth, $173.46; Tenth. $169.:::; Eleventh. $153.71; Twelfth. $3:2.86; Thirteenth. $3,120.98 ; Fifteenth, $117.60; Sixteenth, $1,090.76. The county treasurer has made final settlement with the state, the final payment of $474.89 having bevn remitted yesterday. Of the total of $83,087.26 received from taxee for all purposes In 19o3. the schools of the state and county receive approximately $53,500, or about 63 pt-cent. st r III SUPREME Opinion .... COUBT on Appaala Given in the W. Madsen Case. An opinion on additional points as to the practice and procedure In the matter of appeals to the supreme court haa been handed down by that court in the cnee of the Smith Table company, appellant, vs. P. W. Madsen, which waa affirmed by the court acv-erweeks ago. The previous opinion in the case did not fully consider the questions of practice which were raised, hence another opinion in which those matters are fully discussed has been handed down. In this case the respondent filed --a motion in the aupreme court to strike out the assignments of error set out by appellant on the ground that they were not filed or served at the proper time or place and that no assignment! of error were ever filed in the court below no were they preaented to that court or settled In the bill of exceptions. It appears that the assignments were first made end filed in the supreme court The majority opinion of the aupreme court signed by Justices McCarty and Straup, holds that the motion to strike out should he denied. On the other hand, Chief Justice Bartch. In hia min orlty opinion, holds that the motion should have been granted. In the majority opinion it la held that the old statute requiring the petition In error to be attached to the transcript and filed In the supreme court, was repealed la 1903, and since then there haa been no statute controlling that matter. Rules 6 and 10 of the aupreme oourt require the appellant to set forth in hia abstract and brief the particular erros upon which he relies for n reversal. By thla. It la held, la meant the assignments of error, and hence the assignments of error were properly filed In thla caae. The opinion further holds that the lower court has nothing whatever to do with the assignments of error nor are the assignments to he presented In the bill of exceptions for the consideration of the trial court or for it to review or correct any error ea signed. The opinion further states that since the repeal of the statute governing lhat matter It haa been the practice to consider the assignments If made in either court. The majority opinion therefore holds that the motion to strike out la properly denied. Chief Justice Bartch dissents from the ruling of hia associates and aaya: "Under our statute and practice, such specifications of errors must be filed In the court below and proper service made upon the adverse party, and, where, aa here, alleged errors relate to the insufficiency of the evidence to Justify th ruling or thing complained of, the specifications must be settled in a bill of exceptions. In support of hie contention Chief Justice Bartch quotes the following from a former opinion rendered hy the supreme court some years ago: "The provision in section 8286, R. 8, that 'such draft of the hill of exception must contain all the exception! taken upon which the party relics, excludes by implication all objections and exceptions, taken during the course of the trial, upon which the party uppeallng does not reply for a reversal, and this to In perfect han mony with the provisions In the amended section, 3284, which provides that the objection must be stated with aa much of the evidence or other matter as 1s necessary to explain It, and which likewise excludes all evidence and other matter not necessary to ex plain the objection. "When, therefore, these provision of the statute are construed together, their plain meaning la that the hill ot exceptions, when settled, shall contain all the objections and exceptions, upon which the appellant relies, but no others, with only inch evidence or other matter aa to necessary to explain such exception. These provisions, thus construed, are also In entire ac cord with the further provision in section 8286, which makes It the duty of the Judge, In settling the bill, to strike out of It all redundant and us lees matter, so that the exceptions may be presented as briefly as po sible. In conclusion he contends that the motion to strike the assignments of error from the files should have been granted. Dont think that piles cant be cured. Thousands of obstinate cases have been cured by Doan's Ointment. 60 Farmington, Feb. 21j The county cents at any drug store. commissioners yesterday' appointed the following road supervisors for the MANY ICEBERGS REPORTED. several road districts of Davis county: District No. 1 (Wooda Cross). A. C. Brown ; No. 2 (Bountiful). Thomas Arctic Ice Pack Late In Reaching Grand Banka. Waddoupa; No. 8 (Centerville), C. O. Rollins: No. S (Farmington). Joseph 8. SL John, X. F., Feb. 23. Incoming Miller; No. 7 (Kayavllle), Joseph Opm-shaNo. 8 (Layton), Richard 8. ships bring reports of large icebergs Stevenson; No. 9 (South Weber), and extensive floes off the Grand George A. Hill; No. 10 (Blaine), Ar- banka. The bergs and floes are supthur Firth: No. 16 (Clinton), John W. posed to be the advance guard of the is unusually late Dahl;. No. 17 (Layton), Charles T. Ben- Arctic Ice pack, which nett; No. 20 (Kayavllle), Arthur in reaching these waters. Smith. The annual report of County Treas$23,165 RECEIVED. urer George H. Blood as presented to the board and approved. .The . report New York. Feb.' 23. The American showed that the total tax. as assessed Nations! Red Cross announced for 1905. was $86,788.67, or about $10,-00- 0 that 323,165 haa been received Intoday submore than on any previous year In for the benefit of those Buscription the history of the county. ,. Of this ffering from famine In the northern amount $85,087.26 was collected, the provinces f Javan. , In order to give our readers the benefit of the cut prizes we make the following offers, which take the . . . place of all other offers made: OUR FOUR LEADERS REGULAR PRICE Appleton's Booklover's Magazine Pearson's Magazine $3.00 OMR PRICE FOR ABA. 1.00 Suburban Life 1.00 Amarican Illustrated Magazine (formerly Leslie's Monthly) LOO One month Standard or Examiner by mail outside of Ogden, 50 Total regular price for four magazines for 12 months and this daily for one month $650 Think of it, $6.50 for $3.50 takes it in if you like to read maga remarkable, any one of the following publication may be substituted for the American Illustrated Magazine. Select your substitutes from this lists NOTE To make this truly great offer more REGULAR Cosmopolitan Magazine Photographic Times Harper's Bazar The World Today Popular Educator .... . Primary Education. 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