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Show t i . 1 , .1 ) I, .I. 1 1 ,' 1 I, , ; . 1 , r - Hutu 1 ShmB. - I IlrtnntttTOa T'rhHy, a negro, who gave his. namt; as James Banks, was arraigned ' before be-fore Alderman deter Ullnton, charged with having stolen cue hum I red and ten dollar dol-lar froni anotlur urgro commonly known' n "Col. Frank l'ope." Some waggnn covet-wen covet-wen also found In the prisoner's posieion, which wero thought to huve been slolu. A bog containing money was found in defendant's defen-dant's bed and was bfentified by l'ope. The prisoner was remamfni for further examination, examina-tion, Tho waggon covers have Blnce been Identified by Messrs. Staines, Keedham.&Co. DisottDBBtr, On Wednesday evening a yoong gentleman named l"lennikln, who has rccnily urriveti in this rtiy,- was arrested in "Whisky Lane' for bdng, .drunk and disor derly. It appears that the person fa qutstlon. was boasting of being. a United' States official, and spoke miife as ostentatious' as druakert' men generally do; s'taiihg that he would express ex-press himself as lie thought .proper; wherever be might be. A young man commonly known as "Diclc" mado use of some expiessinns that Mr. Flennikin did not, fuel particularly flattered by, in consequence' of this' He drew lifs revolver and presentodilt at JDJck. Ukk wrested tho pistol from the young gentlemen and struck htm a blow on the head which, felled him. AH this occupied much less time than it takes to telllt. Hut by the time he was stretched on mother earth, a policeman arrived and very kindly. Interfered, The case Is to be beard to-day befoic Alderman Clinton. EuiOBAKTS. On Sunday morn! 11 j last, on invitation, Elders Wilfetd WoodruffGeorgB A. mllh Lorentct Snow and T?rnklirt Dj, pilchard, pil-chard, and l)r. Levi Kicbatds, went out to visit Capt. James, D. Ross' wagcon company, who were encamped In Emigration Kanyon. Tbd elders were warmly welcomed, and at one o'clock held a meeting. The Swiss emigrants were addressed by Elder G, A. Smith, Elder paniel Bonelli acting as Interpreter. Tin other emigrants were then addressed by ElderSmltb, Elder 6now, Dr. Kiehxrds apd Elder V 11-llicbsTds. 11-llicbsTds. iTbe Instructions wr of a highly practical nature aod were liiteued to with the livellest'JnteHs't by the emUr'auts, who were from almost every Enrnpesh eonatry The company were in excellent spirits, anil looked very well Indeed' after their journey. They entertalnjilgh respect for Capt. Hots, and give him amqst exiellent character. The company arrived qa the camp ground In this city between be-tween twelve and one o'clock on Monday, the 3rd Inst. They have had very little sickoese. One death Is.reperted; .it resulted from eating unwholesome miat. 1 WU311ATft;Gd0iir OV. ti, Bff,f CUKTi., '3;-v t m . a . 1 1 .... Abxibits'as we are: to gl'e thtf rebril.ofeur; tent' cventabt (ho airXest mbjimtwlthorigjit It mora proper last- Week ttf ' dqls'y,e; report of roujv proceedings nitil,ttioy, weVefurtliiir advanced,' Oiif :tfte)tlarcH)inmerite7tfH'ine. matra.tlitrelajtred : wiJhall, defelf tftl; p't'xi .weeks Ek. 'fa,V''v ' " A:cbfsT2.J;iSC Hont jnaSmlth presiding. ; . ' -1 he-caief.'Urlgbairi i'oungl renri AJet If. Dotson, l'ri trespass, wa" called up.. Jlesjis U, Stout,. Jiiar Ferguin, iVureltusf Miner and Mills;. appiartdTor the pUWUffl And AW-rb Comicti'Es.1:, for lhe,UefeMaatf : . The attachment anil summens Jsf tfti the ; case were totnrnedtUy eudoTSedv i.'. I"' " The tc,ottttsel-,for; the-delense fileda tnotleu for'a coiit(riuance, and itated for cause -that ydllani H;Jtigers;-a' material wUne?a irV,th. case, was. not witblu the jurisdiction of, lb cpht. ,,rl ... fv," .;.;.''-'' 7 '--,s -3 .i'llie riiiUon was argued aVd sastalried'by life court? after.whlcli.lhe Vasit' was 'adjourned vh-Ul.tliefllstlnst.atda.uuCsv vh-Ul.tliefllstlnst.atda.uuCsv ,l .5 -.rf.;yrlilay;-'Ab43l,J.da'.iri','- Court met pursuant to ndjotirnmeat. . . -MAlcOoniilck, tlledta.mottoncfot a fiiHher" continuance of.,tho ,cnie; fiir tho reasons that HjeybattTidtbfen ale tufnocnro the warrant Ifsued Jh Ibe case ,bf the, Unlteil Stateijy. DavMcliehrt,referredi;to lrtfJhe" . motion" filed on the Mtbt1rtst.i andMh'ttbjfwliiied' to procure) the, testimony of Capt; JIetirr ,neth, of tlieUS, Atmy;;no'wtatCrtinjTdj'wlth-outwhlcU.they Atmy;;no'wtatCrtinjTdj'wlth-outwhlcU.they coiild'-no'tiafely vrced;to trlbL -' - ' ' - ' -' Tlie- motion was argued bytite.-counsel , after which the" court ordered that the ease be continued until Wednesday, the" Blli, day' of September, at'-.; pUm, U Whlch'tl'm tlie court adjourned. Wednesday peptiS.'St-( peptiS.'St-( noiut.met. pursuant to adjournmenti x Mr:.,Eergusoii kf dlf-tUe subpanfs Issued on behalf of the ptoseciitlb had tcen f elurncd, a.il Waii lhformed;tbat theyf Would be lnfeoiirt In. a short time. '. y;,t'T '-7,-,' ;Mr,. MCorniick asked.,leavvlb . withdraw, the answer be had previously ttled;en the part-bf part-bf 'lhe defease:-.. t u , i - t W , jnislmnorsald'he new; nol-.for-.whft pnicV; ppsethe. g'sntle'min desireditd twlthdta the answer, but the defense, bad-Vrlshl - tb wllli ,'drawltl , , . .,VTs Mr, MeCormlck demurred, t tljSjdecUra-tion. tljSjdecUra-tion. . ' . - - Mr. Stoiit objected to ' the general demurrer as behifc ntrary oirstafutei.'! , ' . Tlie court said that demurrers for.formaVd.-fects for.formaVd.-fects wre atollshed by but' statute bttt If they would file es special demurrer, specifying the grounds on which It nsVmade, the ctiurt iould entertain It. ' - .'"'t! GWtted the defjnj9;4s:brjBpaTe, sperlardetnurrer, and the' court wan in recess for. half an hour, . Mr, McCorniiek. filed his demnrrer. to the declaration, the ground 0 which was that Ilrlglum Young, sen, failed to show.ln hls'de deration, by what airtfibrily lie sued' for the damages done to the plates fruta which the,; Deerct Currenry was printed. ' Mr. StouJ replkd totfie arguments'' 4t the counsel for the defense. The court overruled the dum.urrerabd. ordered or-dered the defense to file tacit answer- ; . lit McC'ormicK asked" for an adouriiirient till to-morror morning to give -him time to prepare nn answer, a-nJ alifo.that Mr. DeWolf, who had only Just beerf engaged to asslst.lilm, might have an opportunity to exemlrie the .papers. ' , ; ' fiouie little tfme was then Occupied by the atB)rheys In speich making, after which th court altjouried till to mottow morning a't 9 "clock. TJiiHd4y( 0 am, jfrmrt tiSet.as per adjonrnm.ent. The record of yesterday wav read by the. clerX, after wliieh Mr. DeWolf Ifled stfi's tr.te) the action, and made a terse and. spirit--ed speech in Its support, ' n.e airgued that the .declaration of comnlaibantwasriot sufficiently explicit,, and that the failure to state whether BHgham Young-was a-member oran offieerfof the Descret Currency AssocUtfOn, or whether he was employed by the ntwcSatinu to sue, was atal .to the suit, The plaintiff fded a demurrer de-murrer to the plea in bar; held under advisement advise-ment by the court till 2 p.m. The court sustained sus-tained thq demurrer Defendants-then asked leave lofite another .demurrer, bat the court refused to allow; the proceeding, and ordered the answer to be filed. Mr. McCotioiek gave notice that they should excpt to (the ruling Of tlie court. Mr, Stephen DeWolf filed defendant's an-, $wir. .- After a fhort consultation, with his colleague, ! Mr MeCormlck ald he had pleasure in stat-' stat-' log to the court "that they would be ready for 'trial fa the morning. The" following jurors were then duly cmpan-nelled cmpan-nelled and sworn, to. try the. case, vis: Joseph Murne, , Edward.Tv Muaifordr Joseph W. Johnson, Enocbilteese, - Nathaniel 11 Felt, Albert p: Kovkwood. TTieodore McKtan, Kamuel U. Sirlqe Samuel Y. Atweod, -Julm D, T McAllister, Ebenexer 11. YoanK, George W. J'tlce. TlieJudge brielly Instructed the juiorsln ie-gard ie-gard to their duties, ami tbeu .ordfrtd the court ndjourned tilf Krfday ,norrili)ff at" nine o'clock. " t FrfdayP'a m,. Sept. 7. Court met pursuant to adjournment. The record of Thursday was rcd ly the clerk. 'Hie connsel for the defense objected to the record in Us present form, .arid desired It to b so amended as to show the object of the second demurrer, which thecetirt refused to entertain, their object being to ask the court to dissolve the writ of attachment that had been Issued against the goods and chattels of the defendant." defen-dant." 'flier coutt held tho matter mndet advisement. advise-ment. 1 ' . Mr. Stout opened the case to tho jury on the part of the plaintiff. Mr. DeWoife responded on the part of the defense. The following witnesses were then examined on the part of the plalntliT: JohnT, Calne, David 0. Calder, Archibald Jf. Hill, Hiram 11 Clawson, Henry Malbeu. John Kay, Itobert Campbell, Thomas W. El-lerbeck; El-lerbeck; The prosecution rested the case, and Mr, De Wolfe presented as evideuce; the eoramiksion of Peter K' Dotson, as U. 8. Marshal of the Territory, . Mr. MeCormlck stated that be bad med due j dlllgeac to obtain a certified copy of the war-; war-; rant authorizing Mr, Dotson to Seize the proper- . j., ,1,.;; -gr ., 11 .I.'' i I ft ,he;wk irbm MetJeritie's roomV bvti on aeJ cd.mitf ithhii-nuvtif e ma tiV k;vid m6 I the dipiUyelmk haylntf Kihii0 the Ktateibe WBtU!iblJi.trtdos . A;st)miwhatlengn-dfsens!tIonwas indnrgni ty;H !H Worneiniif l-fethitdesoV tleAft-mlsstbiinyof tleAft-mlsstbiinyof ptro! .ttttimdtiti In-trta .thV de feildantconld jnot ,tnwlic: the, record of the HsMmUeia) DistUct ourt. The argimkiit waai-ontlnufd with greni warmth until quite dark InJhVercnlrig, w licit iliiejudcennnonnccd that ha would hold the question under ad Vine httRUt;'n6rrow mining nk ao'chwk, to whfeli'hotVrthewtti.thenaiTjSutiied;' V t |
