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Show BEFORE JUDGE BLACKBOHN Jack Chew Acquitted of Horse Stealing, Rans P. Johnson Tried Foi Passing Canceled Checks at Richfield. But He Is Acquitted After e Thorough and Vigorous Prosecution. MONDAY. Court resumed session at 10 o'clock. The arguments in the case of the People vs. John Chew et al. were continued, con-tinued, and the case submitted t t Injury. In-jury. The case of the People vs. Hans P. - Jonhson, for passing canceled checks and fraudulently obtaining goods in consequence, was called up for trial. John Zane appeared for t lie prosecution prosecu-tion and Mr. McCarty for the defense. Mr. J. I). Ilejnolds the liist witness, testified: I live at Sprinviiic; know defendant; saw him on the 12th of November, 1S90, about T o'clock in ti e eyening; lie came into tie ore and wanted a suit of i"ih's; lie said he had a check and uul m 1 could cash it he could not take In.' rlothes: I called my son, and alter looking at the cheek he cashed it; tlio cheek railed for S100: hetookthecloil.es rm! the balance ol the check in cas'i and vnt away. To Mr. McCarty Ti .e defendant hud a small moustache win n It came into the store; it was nearly dark at 1 he time lie bought the clotliii g; he bought a full suit, Arthur W. Reynolds, so:-, of the last witness, testified he had cashed a check for defendant (ti e check was-here was-here produced in evidence, which witness wit-ness identified). To Mr. McCarty I rrcongnize defendant de-fendant as the man for whom I cashed the check; he had more of a moustache then than he has at present; met him at the sheriff's office afterwards; did not say at that time I was not sure that he was the man; I -rave him a H. G. W. R'y check for i-3(t, and the rest of the change in cash, in ali about $80: when I found it was a canrelod check 1 telephoned the batTk abo -t if. II. J. Maiben: 1 aiis-wiu:e.rieu with the firm of Pyiio & Maiby.i; reUMiy.e this check as ona I drew o:i t ie First National Bank ior the S era Xevad.i Lumber Co.; when li.eeks are leau ned lo me I keep them on iiie; in in ving into our new store il was thrown out among a lot of waste paper. C. A. Glazier: 1 am assistant cashier of the First National Bank; in the fall of last year we were using a round stampe for cancelation (ou. the check being produced he said jthe stamp had been defaced); when the check was presented the second time I looked the books up aud found the check had been paid once; and I immediately telephoned Air. Reynolds, that the check was a fraud. Mads Christensen: I live in Richfield; Rich-field; am clerking in a store there; know defendant. A check was here produced which w itness identified as one which had been presented at the store in Richfield. To Mr. Mccarty. The sheriff of Richfield arrested defendant; he did not deny having passed the check. To Mr. Vari'inWe cashed the check for its face value; I suspected it was a bad check when I saw it, and I telegraphed to II. J. Maiben aud found it was not any good. I received $34 of the money back ag;iin. The prosecution rested and court took a recess until 2 o'clock. AFTERXOOX. "When court resumed session at 2 o'clock, the jury in the case of the People vs. John Chew et al, wherein defendants were charged with horse I stealing, returned a verdict of not guilty. In the case of Catherine Quanberg vs. John Quanberg, the constable at Scipio was ordered to serve summons. The cass of the People vs. Rans Johnson was continued. Rans P. Johnson, defendant, testified: testi-fied: I am 23 years of age; was at Salt Lake in November, and not at Spring-ville; Spring-ville; did not pass a check at Reynolds' store. Left Salt Like in November; went to Moroni; bought a suit of 1 clothes in a store there; from Moroni I went to Manti. Another check was produced, which witness identified as one he once owned. I got that check ! in Manti from a gentleman who asked me in a saloon if I could change a $40 check; I told him I could; we went to the Jpost office, and he signed the check and I gave him the money, I left Manti a few days afterwards; went ! to Salina and then to Richfield; went into the Workingman's store and bought a psir of overshoes, gave the check in exchange; I got cash for the balance; went to Monroe afterwards; was arrested there and taken back to Richfield. To Zane: Was with Burton's circus at Salina;went toGlenwood, Richfield, Monroe and Other places; came back to Salt Lake city; went south because I had relations there; my intention I was to work on the Rio Grande West- K It I w I 1 '"' 1 I & . m " --i ; . . - ern Railroad; don't know the man's name for whom I .cashed the elieck at Manti; I supposed the check was all ritfht. Andrew Anderson: Lire at Moroni; vvas there in November; wis working n a store there; saw defendant and o!d him a suit of clothes; don't know ivhat .mirth 't was; it was in the fall, ole Olson. pooLujaster at Manti, aid eieudant and another man came to iib pos;. .ffice and asked for a pen and nk; saw the other man use the pen; lon't know who he was. J"ppa Nielsen, John Loe and Thos. lones ;-stilieJ defei dant had .no noustache. J. I). Reynolds was recalled and -.tated that when dcfe?idant Came to the store he asked him his name aud he said Ranson Johnson. Reynolds, son of th previous witness, wit-ness, corroborated his father's testimony. testi-mony. This concluded the testimony and the cae was submit' ed to the jury without argument. The case of Caroline F. Bromley vs. R. G. W. R'y Co., on appeal from the justice's court in Sprmgville, was called and a jury impmnirled. Mr. King appe.tre ! for plaintiff and Mr. Totenson for the defendant. This is an actiuii brought by the plaintiff to recover damages for the loss of a cow, killed by a R. G. W. freight train. Mis. Caroline F. Bromley, the plaintiff, plain-tiff, testified that on the morning in question the cow was sent to the pasture as usual, but did not return; it was killed by a R. G W. train; the ow was worth $45. Gus Houtz testified he had s-en the train strike the cow, an 1 helped to pull her out of tie ditch, into which the engine threw her. Leo Whitehead had seen the train strike the cow, as also d:d other witnesses. wit-nesses. The jury, in the case f the People vs. Hanson P. Johnson, come into court with a verdict of not guilty. Th ' Bromley case was then resumed. John Rasrg testified: I am a locomotive locomo-tive engineer; was pulling a freight train out of Springville on the afternoon after-noon of the day of the question; blew the whistle three times in the streets of that city: when I saw the cattle on the trck I blew the cattle alarm, which is a succession of short blastst; there was no cattle on the track when I neared the crossing; the cow was standing about twenty feei, from the track, and it made a rush to cross in front of the engine and was struck before be-fore I could btop my train; I threw the air on, which put on every brake; I had about 60 or 70 pounds of air. To Mr. KingAn engineer is not censured by the company when cattle are killed; the cow was about thirty feet from the track when I taw her; my engine.was about twenty feet from the point where I "truck s "-cowJ when I saw $er standing Dytne fence. 2'o the jury My train was going about fifteen miles an hour. Other witnesses were examined to show that no fault or carelessness on the part of the employes ef the company com-pany caused the affair. -The case was submitted to tfce jury with permission to return a sealed verdict. Court adjourned until 9:30 o'clock Tuesday morning. TUESDAY. At half past 9 o'clock a. m. the case of Walter Scott ts. Thomas . Thurman, a friendly suit to determine which of the two is watermaster of Piovo city, was called up. Mr. King appeared for the plaintiff and Mr. Milner for defendant. Mr. Thurman, the defendant, claimed that the city council appointed him watermaster in March, 1890, for two years, and that said body acted illegally in appointing the plaintiff to the office of watermaster in March, 1891. It appears, however, that Mr. Thurman only gave bonds and took the oath of office for one year, and the statute of Utah in regard to municipal corporations gives the City council power to appoint officers for a term of two years, but reserves the right to remove theoi at any time. The argumeut of the attorney for the plaintiff was that the defendant was a de facto officer of Provo city. Mr. Milner, the defendant's attorney contended that the city council did not have the right to appoint a successor to the defendant, as the term of office was fixed by the amended charter of the city. His honor, in rendering his opinion, said the statute provided that the city council had the power to appoint an j officer for the unexpired term, and the appointment of one meant the removal of the other, therefore the appointment appoint-ment of Walter Scott, the plaintiff, was perfectly legal, and the supreme court of the United States hai also decided that the appointment of one official waa the remoyal of the other. The jury in the case of Charles F. Bromley vs. R. G. W. R'y returned a yerdict for the plaintiff of 145 and costs, the loss of her cow killed by a train owned by said company. The case of Thomas Broadbent vs. Monroe Irrigation Company, appealed from Elsiiinre precinct, was then called up. Mr. King appeared for the plain tiff, and Mr. McCarty for the defendant. defend-ant. In thi case the plaintiff sues for $299, damages sustained by', the oyerflowing of the canal owned by the defendants, thereby washing from three inches to two feet in depth of gravel on two acres of his land and also destroying the grain on eight acres more. Witness! were examined cn both sides. Court took a recess until 1 :30 o'clock. TUESDAY AFTERNOON. At 1:80 o'cl(ck court resumed session. ses-sion. The cae of Broadbent vs. Monroe Irrigation Co. was continued. Andrew Anderson, M. C. Hansen, Andrew NielsBU, natives of Denmark and residents of Sanpete county, and Chas. J. Nelson, a native of Norway, and u resident of Millard county, nere admitted to citizenship. Court adjourned until 19 o'clock Wednesday morning, WEDNESDAY. Court resumed session at 10 o'clock. The case of Thos. Broadbent f. Monroe Irrigation Co., was argued and submitted to the jury, who returned re-turned a verdict of damages to the amount of 150 for the plaintiff. Court adjourned until 10 o'clock Thursday morning. |