Show mm J J L smith lie abou the case of J II 11 middleman vs J L smith came up before commissioner K W cross yesterday alain hiir clia ruy defendant wi li libel to hate been committed by nd a capr containing charges of rand elbez roguery ete the circular in pinned jamea L smith detec in P jubito 0 W cowern appeared for aud I 1 it rogers lor defendant fen dant governor caleb W ct tt as present am kotlier witnesses at 1050 the case was opened gov caleb W west first sworn ho testified that mlkle at the hroboni hotel in oilen sometime ago he recoiled a circular which before lie court cross examined was not acquainted with did nut know that he had cent tho circular had found it in the box at the hotel van cl to knowing the parties in iho caba mr to any evidence on lie pronne that the complaint did nut plate under of territory or tho united etalea objection overruled air binford received a about sometime after alie late municipal election believed he lind received it from defendant mr J W kerbor testified to having seen a circular to alia character of and elated it ws of a similar nature to one shown to liim lie thought it had first been shown him by air allia Rii essed he got it the election cross examined was ghen the circular in alie artan dobinson land company n office D W ellia testified that he had called mr Kirber fl attention to auch a circular in question C y king of the daily union testified that lio had never been a circular like the one shown him had a conversation at one lime bihli defendant recard ioK that defendant wanted a card published could not recall the conversation except that smith referred in an indirect way to some circulars lie biad published B ternes tes titled that he biad been a rire ular bifilar to alie oue shown him in court mr baaford had called his attention to the circular ur wheeler testified to having seea such a circular it was handed to him by kev J wesley hill here the prosecution rested air bogers tor the detente moved eliat defendant mr on ahal grounds mr bogers first because it lias not been that an lias been committed second if an offense offence lias been committed it haa not beai shown that defendant is party he then read alie complaint which he said was a curiosity in its nay after reading it he road to the court alie definition of criminal libel as laid down in the territorial statutes the two reasons first given for the motion to defendant were again given to the court there n as no denial on the part of of the truth of the alleged libel the complaint charlca malicious falsity no evidence lias lieen introduced showing that the in the circular were false alie circular charging him to be a fraud to have been arrested tor embezzlement to be a smooth mug to have swindled an old man out ol 01 eleven town loto aud a num her of other was analyzed the governor ho said was brought to testify to what only that he was ha governor of uth territory if a man is bield for an offense offence let him be held legal Judge lowera arose I 1 find thai in oden libel ia a funny tiling in borne cec tiona it is next to the complaint aives atio contents of the circular an injurious publication ia presumed to he mali ciona unless made with a justifiable motive II 11 tho circular abo deput i lion or character of I 1 ho plaintiff it is a libel never he slid in alie history ot the country was there een a blacker meaner loer viler or dirtier libel on character than the circular he held in his hand it was a libel on a dog it would injure the of who read it the burden of proof of the alleged detate was not on the proe their falsity but on the to prove their truth alie libel charges plaintiff with embezzlement that he ia a rogue a falsifier a gongli a aftin adler every thing that ia mean the circular lias been published and circulated it ii a libe and for there is no justin cation alie court overruled the motion to discharge defendant the defence rested tha judie gae it as his opinion that the circular nas libelous and that from the evidence produced the defendant was responsible mr llorens stated that no evidence had been produced showing that defendant waa the party n ho had the circular air helth was bield on a continued bond of 2000 to aw ait the action of the grand jury abandoned A dispatch rom prescott arizona nys in regard to john J smith one 0 die arizona train bobbera rob bera who escaped from his captors en route from this city to prescott the attempt to capture smith alie train robber n ho escaped in isacon mountain pass by jumping through the of a moving car nith on has been abandoned as the deputy tele graphs to sheriff oneill eliat he has failed to find any trace of him do teethe thacker of wells fargo co lias been here for several days on the caad smith wats the one of the four arrested w bo made ft and it is believed that his comrades helped to get him out of alie car while alie wore lappies nappies nap pies in order to bo rid of hia when they came to trial lie had also it is fixated fita ted confessed to the train robbery at ilsley cal first district coart the following waa transacted in the crat district court yesterday april in the caad of daval W trite et al ag N W anderson et al the defendants fend ants contented to alie judgment ill favor of lauriz and daiil A acro admitted to citizen chip the case of II 11 E steele of several ears et anding as dia inie sed tho case of david kay vs adolphus harris was tried and taken under by the court the cane of chailee kandall vs loran farr WAS continued for the court adjourned until today to day at 10 a ra from the coal wilford and fleo Q cannon yesterday morning rom aal left or bomea in salt lake they lad greatly enjoyed their brief trip and atille on the cobet had several alii ei of interest not euch a great lia tance rom sia francisco notable among these were SIou terpy and the they return in good health and piri tB i wit tiT Hii tourist aste union pik taic ani alid following aratea aver the U A N from olan tn SOLI Hrit iss S 05 will en tale may to Uc toler wll ha good tot three das going and three dais returning w aih an extreme limit 0 id days from n tn and return 17 baan le rom may ast 1st to october itt will to good fur teu lays going anil ten dais returning with ail extreme limit of SO days from ogden to yellow itono stono park and return as tickets will be on sale from june to september mill be good for SO da s going and ia days ic turning with an limit of CO daa in a tour through alio park in stages alie board bill be daiil the rase of james T va J it suit for a thiard bill of AV h aa auken under ad by atas decided yesterday the in favor af in alie amount costs alie figlia aal ac A stubborn clovo contest ot blurred lo at alio bouins of the bay state lub between le tween cal of new york and johnny murphy of for trophies valued at and from alie start boned the fighting but murphy laid in wait for him and returned the blows with interest in the birst round was baago work and murphy twice knocked opponent to alio llio door the liu t blow broke a bone in mur fy reirin but did not deter lim from continuing alio for three more rounds murphy bested mccarthy using only his right hand and in alie third round again knocked murphy doun in alie fourth round murphys Murp hys second refused to allow librn to continue and the was accordingly awarded to cal to tt april 26 officials of alie state and naval departments are considering consid erini v hat can bo done in the matter suitably regarding alie samoan king mataafa for liis timely tj rescue american sailors a d property wrecked at ainoa admiral kim baileys bei leys contained ft strong recommendation on this point which cannot be neglected it is probable a congressional warrant must I 1 e hid h id tor the bestowing of any suitable reward but alie mavy department may oe able meanwhile to give the king a token of its appreciation in the shape of boats or roum of alie property now adored at abia apia the enli attl april 20 an anti jes uit meeting held baat night was in session until alie action of the dominion government and the provincial leitel was freely discuss ed the impression deemed to be eliat a crisis mhd at hand and that it be cama anglo saxons to prepare for the blow winch it was frit come carlton a member of parliament bifid there waa no hope of preserving intact the french language and if the present state of affairs continued the of blome would abon atto of alie estate of the province sen i CITY OP MEXICO via galveston annl 20 several priests and many other persons leavo been arrested for participation in rr la in lie state of lauana juato quiet haa been restored mourning for ex president lerdo is general throughout alie country tim funeral procession in city will be an imposing pageant pj geant in order to encourage the sugar industry alie government decided to give bounties to sugar producers abe april W consul smithers at Tien tsen to the state department alie government has authorized an exten sion of alie Tient neu Toog rail hay which will make it possible to well faoro in three hours whereas now it as many days alio consul bays that china may now be said to leavo fairly entered upon a career of railway con liot let TORONTO april ag alia ministers of alie american and medhod st hes to consider alie question of the organic unity of all protestant bodies closed last evening after full free and harmonious discussion cus sion it wan recommended trial the churches appoint dole gatea to another conference to be held next year jo Faor noot in april ac an aggregate of aso pension certificates mere issued by the certificate division of today to day included for original pensions reissues increases etc and ia the langei t esaua that has been made in any one day fianco commissioner tanner assumed chaw 1 ilir sort f secret organization april 20 the suicide on monday 0 jolin herzey a stealthy tte althy german has served to bring to light that thero has existed or several years a secret organization known as the suicide club four of its all members hae april 20 the president has nado the following appoint manta dr daniel isoa ton superintendent of indgin warren arnitt oregon register of the land lakeview Lake view oregon thomas B baldwin fohlin new mexico register ol 01 tho land office folsom warship Var Ship april 25 the treamie ft kiich was aboard the united states war ship trenton when wrecked at A pia has been recovered allu lipsic will ba brought to auckland by the united steamer alert the april 20 the gazette says that the government instead of avoiding debate in alio llio on the will civo every facility for macli debate at the earliest possible A a april 26 viscount mandaville Man doville vaa charged in alu olice court will fraudulently obtaining about ala did not enter and the be atas adjourned alie april 20 tho american delegates to the were received on their arrival here by attaches of tho united hates legation BERLIN april 20 A byorni destroyed fall alie chopa ia the Goer litzen district of silesia llva gilted kilted by lightning |