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Show pisTRICTGOURT H. W. Hawley Wins His Big Damage Case FOR THE SECOND TIME. This Time he-is Awarded a Bigger JudgmentGeorge Judg-mentGeorge Hughes, .he Cixitah County Gambler Convicted of Bobbery Is Sent up for Two Years-other Business. The calendar of the First District court is far behind and all parties interested in-terested in the big Hawley vs. Corey Bros. & Co,, case are anxious to get through with the trial of the case and get home. Because of this yesterday afternoon's session of court held as long a3 daylight Iastei and a Ion? evening session was held. This morning morn-ing the jury wat charged. The defense in this case is, first, that no contract for wors was entered into with Mr. Hawley, that he was merely banded a memorandum of prices at which Corey Brothers & Co., would be willing to contract with him for pro vided he got back in time, that he failed to get back m time; second, that if the writing and whdtWiS said could be construed into a contract, he did not BUBtain any damage in being refused re-fused the work, as the work w -is done at a loss, that is it cost more than the prices set forth in the meruoraudum. The jury at 11:30 o'clock - returned into court witt their verdict finding for the plaintiff awarding hicu $5,737.50 damages and $1402.98 interest. The verdict was agreed to by only eleven of the jurors, Aner the jury in the Hawley vs. Corey Bros. & Uo damage case had teen charged, the next matter taken up was a motion ;or a new trial in tho George Hughes roLbeiy case. Mr. Hughes, through his attorney Sam A. King, urged that tua judge erred in his charge to the jury in failing to explain explicitly the meaning of the term "telououB taking'' to the jury; urged also that toe law is that the title to property or money won at cards or other earning does not pass to the winner, and therefore a man does not commit robbery or larceny in taking froQ' the winner any u oney that he may have lost even in a "square" gambling game, not to say in a bunco or cheating game. The motion was denied and Hughes called up for sentence, Then Mr. King asked for leniency saying that the defendant had a wife ani chiid in Vernal Ver-nal depending up-jn him for support. The judge remarked that he did not see how a married man could carouse in tuch a place as the -place in which Hughes lost his money appeared to be, and felt that the fact he was in such a place doing what he did with a wife at home was not pleasing nor an extenuating extenu-ating circumstance. The prisoner wanted the privilege of asking a question! The privilege being granted he astsed the judge if he would noc try to get back Mb money if , he had lost unfairly The judge re-1 plied that under the circumstances in which Hughes was, he, the judge, would hide himself and keep aa quiet as possible and do everything in his power to prevent knowledge of what occurred and what he had been doing from becoming public property. Hughes wa? sentenced to two years in the penitentiary. Court then adjourned till Monday morning next at 10 o'clock. OTHER BUSINESS. C. E. Loose has brought suit against Eyan Wride, to collect $1,000.00 on a promissory note and for foreclosure of a mortgage on real estate given to secure payment of the note. The note was given to Joseph Chamberlain and transferred tojpiaintiff. The Mt. Pleasant Pleas-ant bank, J:vcob Johnson and the Mrst National Bank of Provo wno claim an equity in the land are made defendants ra the suit. Thurman & Wedgwood are attorneys for Mr. Loos- The cae of Corey Brothers & Co. vs. J. S. Black was by consent continued till the February term. Denis Sullivan vs. John Beck Judgment Judg-ment and decree of foreclosure by default de-fault entered for $15 37, $4(50 attorneys fee ano" casts. The People vs. Anna Marks and the People vs. J, J. Booth. Bota continued for the term. |