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Show District Attorney Zine prosecuted and King & Hontz and baae Stewart du.Vti-davit. du.Vti-davit. James C. Peterson, of Richfield testified to owning the hogs ou the fi.ist day of Febitiary, lMt'2. Ha lost them about thai tiny. Mr. Stewart lias one of them in his possession now; the others had been traced to different parties, but their ear marks had. been changed. Tho one Stewart had ho (Stewart) claimed that he had raised. On cross-examination he admitted that he had testified before the justice of the. peace that he had no donbt as to the hog in the posespion of Stewart, being his. ' ' In the case of the United Stat s vs. James F. Mellor et h1.; default and judgment set aside. Saturday the 22ud was set for hearing the application for bail in the case of W. E. Davis, indicted for killing Brock, The District Court-Colonel Court-Colonel Montgomery presented a motion for a new trial in the case of tho People vs. Cass I lite. Colonel Montgomery Mont-gomery argned the motion. The principal princi-pal points upon which a new trml is asked i the refusal of the conrt in admitting ad-mitting important evidence in regard to the origin of the trouble, tha errors contained in the instructions of the Court, the refusal to give Instructions asked, the aspersions thrown upon the character of the defendant by the statements state-ments of the district attorney and the bias and prejudice of the coort exhibited exhibi-ted toward the defendant daring the trial in presence of the jury. Judge illaekoum stated that any statement to the effect that the Conrt had exhibited bias or prejudice was on unmitigated falsehood, and that it was often the case that counsel who were nnsnccesg- Dasell end Miner near v est waier August 24th, Court took a recess till 2 o'clock. Afternoon Session. Court resumed session at 2 o'clock. Lorenzo Nellson testified that defendant had told him that one of tLe Peterson hogs, which witness has seen In his possession, belonged be-longed to him (Stewart). N. C Soren-sen Soren-sen te: titled to seeing strange hogs, freshly marked, around defendant's place last February, James Stewart the defendant, testified that he had raised the hogs in his possession, now claimed by Peterson, and explained that the diffiereBce in the mark had probably prob-ably been done by dogs. Joilte Blackburn Black-burn thought , tlisra was sufficient reasonable donbt to acqoit the defendant and Mr, Zane thought so, too, The jury was instructed to tind a verdict, of acquittal, which they did. Franklin Ileymore, indicted for adultery, ad-ultery, changed his plea of not guilty to one of guilty. District Attorney Varian stated the offense was a technical one and the case one deserving of leniency. The sentence was imprisonment for one day and costs of . court. A cae of polygamy against-the same defendant was dismissed, as the offense was charged to have been committed .after the finding of the indictment, v. The case of the United States vs. Lizzie Lant, co-defemiatit with Heymore, was .dismissed upon motion of Dinri.'t Attorney At-torney Varian. ' ' . ful in a case wanted to place the blame somewhere, Colonel Montgomery replied re-plied that he might have been mistaken but did not state an unmitigated falsehood. false-hood. Judge Blackburn replied that it was a falsehood, unmitigated or not. He then reviewed the points raised and overruled the motion fcr a new trial. Mr. Hite was called forward for sentence: sen-tence: He was asked if he had anything to pay why sentence should not be passed upon him.. After consulting with Colonel Montgomery he said that te had nothing to say. Jndge Blackburn Black-burn taen sentenced the defendant to twelve years' imprisonment in the penitentiary at hard labor, Exception was taken to the sentence. Colonel Montgomery gave notice of appeal, and again asked or tne admission of the defendant to ball. He stated that the jurors who convicted Hite would present pre-sent a statement to the effoct that they believed Kite would be able to give bail pending appeal, or they would not have founi the verdict they did. Jndge Biackburn tefnsed to allow bail; but modi fled the sentence by making it take effect twenty days from date, to KlV6 time to apply to the Supreme Court lor bail. The notice of appeal was filed with Clerk Bauhman, and sixty days given to prepare and file statement ou appeal. Job Bntler, a native of England, and Christian B, Larson, a native of Sweden were admitted to citizenship. Hyrnm Lewis of Richfield, accused of stealing a sum of $300 from Mr. Parlow at that place, withdrew his plea of not guilty and admitted tta tlmH. Thomas Seilson, indicted for participation in the same crime, had his case dismissed on motion of Mr. Zane, The trial of Charles Durango, alias 'Tex," for stealing a horse from Thomas Durkina' at Helper last June, was proceeded pro-ceeded with. It proved to be very long, and resalted in conviction. Sentence, five years in the penitentiary, and to pay costs of prosecution. The jury in the adultry case of Lynch I and Jennie Harte failed to agree and were discharged. Monday.-Isaac J.Stewart was, upon motion of W. H. King, admitted to practice. prac-tice. A jury was impanneled in the case of The People vs. Enoch Gray, charged with selling liquor on Sunday, the 27th of September, 1891. W. H. King represented repre-sented The People and A. G. Sutherland the defendant. Samuel Carter, James Carter and Parley Hindmarsh testified to drinking in Mr. Gray's saloon on the 27th of September, 1891. J. F. Thompson was called for the defense. He testified that A jury was impaneled in the case of the United States vs. Sanford Fuller, charged with adult ry committed hi 1886. District Attorney Varian prose- cutefl and wrffr fifing defendant ilary Bromley testified that she was 'married to defendant in 1590, after he had been devorced from his first wife, ami was now his legal wife. This being the lady the offense charged had been committed with, Mr. Varian asked that the jury be instructed to return a veidict of not guilty, and such a verdict was returned. Edward Crofts was arranged on- a charge of adultery and entered a plea of giilty. Mr. Thurman made" a statement state-ment for defendant; it has been over two years since he violated the law, and he wonld obey the law in the future. Judge Blackburn sentenced him to five days in the penitentiary. Daniel Ralphand and Jessie Millgate were admitted to citizenship. Court r.djonrned till today at 10 o'elock. . Tuesday, Enoeh Gray, convicted of selling liquor on Snnday, came forward to-day for ae&tence. - His attorney said Gray bad quit the business, and the court made the penalty $25 and costs, and a like amount for permitting gambling in his saloon. and honesty was bad. On cross-examination he said that he had not heard tEe truthfulness of J. C- Carter questioned in particular; but his general reputation was bad. C. H. Nielsen testified testi-fied that the reputation of Samuel and James Carter for truth and varaclty was bad; but could not remember who had said anything against them. The case was submitted without argument and a verdict of guilty was returned. David V. Sinon, indicted for assault with intent to commit rape, to which he had pleaded not guilty, changed his plea to one of guilty of a-sault. Mr. Zane stated that it was clear that there was no criminal Intent at the time of the assault, and that Sinon bad been in jail sis months awaiting trial, during which time he had aided the officers in their attempts to prevent prisoners from escaping. Sinon was finod $10 and cost of court. , The case of the People vs. Charles Hyde, grand larcenry. was dismissed for want of prosecution. J. J. Rose, charged with assault with intent to killons.RedCap.au Indian policeman on the Uintah reservation, was put on trial. The clarm was that the Indians found Rise trapping on the reservation, and Red Cap and Little Jim both policemen, were sent by the agent to arrest him. On the way in Rose undertook un-dertook to espape, and oq Little Jim's trying to stop him he pulled his guu on Little Jim, and 'fired at Red Cap, who returned the fire, Rose shooting three times, and Red Cap four times, neither of the shots taking effect. Rose claims that he was hunting horses aud wasn't on the reservation; he started across the creek to get his traps when Little Jim grabbed him; he drew and the revolver went off accidently. A few days aftor-terwards aftor-terwards be went to the agency, asked what the egent wanted of hini and was arrested. Argument to ho finished this morning. , . ,N . :..-. Frank Barshor was admitted to citizenship. ...... - A. M. Rhodes aud Esteila Pueblo, indicted in-dicted for fornication, failed to appear for trial and their bonds were forfeited. (Contiiied on third page.) The case of The People vs. Gnstave Gustaveson was also dismissed. Ee was charged with maintaining a fence on the public road and District Attorney Zane was of the opinion that the question would be settled in a civil snlt Enoch Gray withdrew his plea of not guilty and entered a plea of gcilty to permitting gambling In his place of bunines'. Sentence set for Tuesday, I he ca e of The People vs. Anna Marks was continued for the term. Two cases of The People vs. J. H Jonos, for stealing water, were continued, con-tinued, pending the decision iu civil suiis to determine tho ownership of the water in , question. The case of The People vs. I-iaac Jones was continued. A jury was called iu the case of the People vs.. James Stewart, charged with 'stealing a family of pigs at Richfield Th District Court- (Contiued Irom first John Watkins pleaded uilty u tin charge of unlawful cohabitation- Jul Duaonbsrry asked for lenity on account of good character and the character of the ofliense, which was technic il. Fine 100 and costs- Ell A. Day, adultry, changed hid plea to gnilty. Oa statement of his attorney ihnt Day's wife needed his care, sentence was suspended to December 29ib. W. W. Evans, charged with perjury lu May last at Vernal in Justice W. H. Parks's court, appeared and forfeiture of bonds was set aide. He pleaded not guilty, trial set for November 3rd. Ball tiooo. United S: :.!fg vs. Samuel Allsworth, incest, The offense is charged as uf date August, 1890, with his niece, Mi.i Sarah whitehead iu SrriUrfVille. The pair had skipped to Mexico, but in the fall of, 1S91 they cameover the line Into ! New Mexico r.nd on a warrant from Commissioner Greenman's court they i were arrested and brought back. A baby that Miss Whitehead has it the alleged al-leged fruit of the crime. The case Wis argued in part and will goto tbe jury to-day. The jury in the case of J, J, Ross, indicted in-dicted for shooting at the Indian policeman police-man oa the Uintah agency, acquitted the accused |
