Show FIRE CASES W aether Is in he cases OF wt tit farm h to be here rot substantial Sul the foert ANOTHER the not ready in the incendiary cen diary cases the case against french golden and the alleged debugs which hid been continued from october ast 1st was called before justice dee esterday morning at 10 oclo dc it was nearly half an hour later when the prisoners were brought in golden and from the city jail aid ai d french from the county prison mr L it rogers appeared for the prosecution as sir wai abb nt on other legal matters sir rogers stated that it was with much that he was under the necessity of asking the court for another c the prosecution io far hil been unable to secure the attendance ot the witness who was so material in prosecuting these cases due diligence bad been exercised and wai now b ing used in the apprehension of the witness in the atti davit and this time with reasonable certainty of success ite did not care to arbue the case with the counsel for the defence but would leave the matter to the bound sense and discretion of the court before men commit crime and there wa no denying the fact that sir stevens property had been destroyed under the circumstances he the court to arnt a continuance of four days mr painter or the defence ob to the delay lie eaid this case arm the beginning lai rested upon bat a flincy foundation A deposition bos been made by mr brown and an oath taken to it but has not been made on personal knowledge there is J fiction of law permitting brown to be the accuser and be makes the accusation on the statement of other part es it is made by hearsay this is done in view of the fact that it is often impossible imposible impo sible to secure a person who actually saw the crime committed the law permits one party cupi izant of the facts ta wear oat a compaine com paint on information abid belief if I 1 understand the arrn tonal statutes I 1 do not believe that it as tha intention 0 alia legislators such practice should be followed in thi territory 1 concede alie enormity of the crime of burning bouses but there is no reason w by these defendants fend ants be held in the first place the prosecution stated that they were unable to secure their witness anat was not enough they should that such araon ejiu ed and that be had a supposed residence and then te court could frat a few days the court i hould hate had brown diate his and the extent of it before the court could consider he cue of sufficient ground to grant a continuance toe constitution provides kr a speedy trial that the ue fondants fond ants be confronted by the witnesses and that they be represented by counsel it does not contemplate eliat alicy are to be held in jail to await the aelion of the police allicer fishing around for evidence ane court does not sit tor the colv littion or discharge of the defendant it sits here ta ece if the evidence is strong enough to hold the defendant not to inflict on tham nocost if these men are aa the law presumes thay are the court will not eay that they are not unjustly punished by being held in a jail not fit for hags to beep in while the prosecution is hunting up evidence to convict the down at this jail foght to be for keeping buch a place for a jail it is not healthy it is not clean it is not fit to stay in in view of the circumstances alie ara presuming on the and liberality ol 01 the court in asking for a continuance air murphy for the defence said I 1 made the prediction when alie first continuance waa asked that they would not produce this john doe such a man if ho exist at all would presumably be sharp enough to elude the the defendants are presumed guilty I 1 dont think that the has a scintilla ol 01 evidence while I 1 hick that we can produce sufficient ei idenie as to the whereabouts of the defendants on tha night of the crime to prove them innocent we think we can bring such evidence will giove piove to any court in christen dona that chefe defendants are not the guilty we admit the crime but thence are innocent the should not make a w hole lale accusation when a tranae is committed throw people into jail bagin to hunt for evidence and serve a john doe affidavit mth chith to bold them why dont lioun produce this sir Roger sIf your clients will ell me where he is we will prod ice him in inin otea he ii not ten miles from here mr murphy will you establish as a fact eliat the defendants know anything ft to his whereabouts mr rogers no mr rogers rot eee anything in the arguments of 1 lie counsel on the other side the court is not here to say whether abee defendants are innocent or guilty it sits here to find first hia a public been corn mittia beconi is there probable cause to believe that delen dante leave committed the of lence it matters not if these defend inte were angels and their wings were hidden alone by heir coata mr bainter well neither yau nor I 1 will get to the court where angels abound mr rogers well mr painter I 1 am not from kansas I 1 live where the lord reigns mr continued I 1 dont like lit way conned ara on the bai faith of the tafou do they mean to deiy that dimply lecaue a crime has been commit fel v e throw people i I 1 submit to your honor in hope of justice liaa been to hare the ce the counsel of the j ils and of the authorities being indicted I 1 would refer him to 1 he grand jury wear caud to the constitution as providing tor a speedy trial atiat is their I 1 hf atily acied it but B speedy trial means awitin due of the low I 1 doit like to hear them harping on the john doe alli davit I 1 could eay same in that cornec in that had perhaps better he un caid in tevor if the defendants the court though regretting eliat it had been thought ner eMary by the the pros cat in ti ask fair a continuance staled it could do nothing under the B except grant the c nt ruane wili the hope that next moddy morning aliey would be realy to 0 botial tot ial the rasa was continued until monday oct ath at 2 pm on wednesday morning the boar 1 of directors of the bothwell canal went up to the works to inspect the progress and niah the details of the il work all the of the b ard wre present with tha exception 0 sir bacon of talt t alt lake and he had been up there two or three days previous oua they returned at ot the bame day A reporter of STANDARD saw mr bothwell noth well and be stated that the board appeared to be well satisfied with the wok as far as progressed one feature 0 which they the greatest approval wat the material of which ibe ranal is built the dirt unlike eliat on other irrigating canals as it is bard and ft ben thrown open to the air becomes almost like cement and will hold water like a bucket the force of men is now distributed over tha tt hole contract and everything is in shipshape after the return a meeting was held jn this city where the board elected sir JC Armet rons vice president and resolution the secretary to execute a bond in behalf of the company to be presented at the city council tonight to night A number of committees bere appointed to take charge of certain branches of the business such as looking at er tha water and the construction cons ruction of the canal and other fmiller commit teca the work 01 the boire is tm equally distributed and each will bae api artion of the burk devolving on his shoulders mayor and air jt the game place city yesterday and made arrangements for the work on the prairie fixing up matters which previously were not fully understood they eay that they will put on about teams on the prairie sir bothwell will go up there himself today to day and lookner loo koer the commencement of that portion of the canal another meeting of the asard will be held next wednesday bhea other matters of importance will be brought up for |