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Show DIAMOND PIN CASE IN COURT In Judge Howell's division of tho district court, tho appeal case of A. Wattorson against C. H. Smith was taken up for hearing. Judgment was rendered in tho lower court in favor of the defendant. Wntterson is suing tho defendant for the recovery of a certain diamond stick pin valued at $150 and $10 dam-nges. dam-nges. The complaint alleges that tho defendant Smith came into posses sion of tho p'.n May 14, 1910, and that he refused to turn it over to tho plaintiff when demanded fo to do, tho plaintiff claiming that It belonged to him. The testimony of Watterson this morning was to the effect that ho left the diamond pin with a friend of his, a Mr. Samuelson, for safe keeping while ho took a trip to southeastern Utah, and that when ho returned he learned that Samuelson had pawned tho diaraoud with Smith. He said that he went to tho defendant and told him that it was his pin and that Samuelson had no right to pawn It, but. that Smith refused to give up the diamond until ho had been reimbursed reimburs-ed for the money loaned. Watteraon statod that latpr ho accompanied ac-companied Samuelson to the Smith pawn Bhop and that Samuolson paid $15 on tho pin, giving him $5 to keep until he could raise more money with which to redeem the Jewel. AVatterson said that he had told Samuelson that he did not care to make him any tjouble '"over the pin and that, if ho would tcdoem and return It to him he would be satisfied, satis-fied, This was agreed to, hut Samuelson Samuel-son failed to raise the mbndy and the plaintiff undertook to replovy tho pin. The stand taken by tho defense is that when Watterflon carao to the , store with Samuolson and witnessed tho payment of a part of the money on tho pledge and received $5 to bo applied on the pledge at oomo future time, that he confirmed tho deal between be-tween Smith and Samuelson and could not recover the pin except upon the payment of the pawn money within with-in the timo given on the loan. At the conclusion of the testimony for the plaintiff, the attorney for tho defendant moved for a non-suit and the attorney for the plaintiff was given time to look up legal authorities authori-ties regarding the question involved. |