Show from the dally 0 october 9 filhes he is bound our to anait inait lie of the grani jury pursuant to adjournment the cas case e M M french commonly known as tom french charged with haying set on fire the novelty theatre tha atre was called before justice dee vestar daiy diy morning at the easly hour of 8 the prisoner and the attorneys at orneys for both sides were but for borne reason there w as considerable delay in starting the cafe for the defence were unable to put on alie witnesses they bad apolen of and that they would be oniabe to prove an alibi it was nearly when the attorneys came in from adjoining room and the court as opened sir painter for the defendant address ng the court sd in the alay the defendant was entitled to a continuance last night I 1 gave it aa cay opinion that the had a good defence to alia crime charged in llie information but that be could show it by having time to secure witnesses in rebuttal of the testimony adduced before and at the tune ct the fire I 1 far aber said hat I 1 was advised that we could prove that defendant was in bed at the time and consequently could not have actively participated in the crime I 1 was mistaken in that statement aid I 1 it is fair to the court and due to the defence that I 1 make a correction it was niale with no intention to deceive or mia lead the court but under a misapprehension of the fact the statement applied lo 10 william simma who was jointly accused with defendant french and who gave the information to me but I 1 find on further inquiry that this defendant defend aut was not in bod I 1 also said to the court at he time that ne asked a continuance ti nuance that ne hoped and believed blut we would be able to go on with the examination mornin but we r gret very much to say that we are not that we have been advised would testify as to llie where of french for over an hour prior to the cre and at the time the alarm founded have suddenly and mysteriously disappeared although they were in the city ye morning and we were to find them other that we were informed would testify as to other material fads cannot be found although my colleague mr murphy and myself remained up nearly all night and made diligent search for them it is true that the offered by the prosecution lr tha purpose of connecting the defendant with the crime is of but little weight and in conr judgment wholly fals to make out the pro babe cause contemplated by alie statute but it is a matter of regret that under tha circumstances we are unable to prove his entire innocence of any wrong this we feel confident we can do on a final trial the decisions of courts of last resort expressly declare eliat extra jud cial admah ions are wholly insufficient as a b isia for a conviction and unless corroborated must be received and considered with areat care and it is our belief that in aliis final consideration your lionor would attach but little importance to such flimsy ay iy yet if it can show affirmatively that this defendant bad no connection with the crime charged we should prefer to rio so after with lie defendant our inability to procure witnesses that are material to the defence and I 1 he possibility of ec burins curins their presence or obtaining their depositions en a trial before alie district cobit we waive further examination of the defendant and kill permit the court to bind over or commit him to an alt the action of the grand jury we regret alie necessity for suc h a step but andr existing difficulties we see no way to obviate it in the short time allotted for the preparation of our defence in addition to the reason that no lee could be prodded at the time the feared that if they bad produced it and french had been it would not have bettered the case much ai they understood that he would be arrested rearrested re as bad bolden on the charge of complicity in the crime with which gulden was charged fr those reasons they thought best to submit the matter the ball was then fixed in the sum of but aa arenth was enable to such a bond he was committed to the custody of the the mr and mrs wat eon and miss KO tilen were bound over in the sum of each to appear be furs the grand jury or whenever wanted they fur the bonds in the As another interesting feature of llila case it may be mentioned that r binin who said he was to sue the city for false ia again in jail time on the charge of vagrancy he was sentenced yesterday to a aktay in isoel de fifteen days being unable to pay the fine which was lie will be delighted with the place and the imaginary vermin which he no inucci dreaded and will have the privilege of alie roadam he has had DO employment since bis aay here chua has the first chapter in this rial and lie next will commence when the grand jury begins an investigation of alie caw those who have worked up this cae have performed a good and also a difficult labor the prosecution desired the attendance of a certain party who bad roomed with the prisoners before their arrest it was understood that when he heard of alie arrest he went to the room and racked up the plunder which they had taken from the novelty at the time of the fire and at once de camped for healthier fielda of labor lie had since been heard from at keno and alro at butte and the officers were at those places looking for him but failed to get fsr maneilly manen lly on his tra k this witness was necessary in order to obtain anything against the defendant M it now proves to be tact that the cuilon lad nothing on which to holl him last bunday mornine they were about to despair and though satisfied oatis fied in their own mines of the guilt of the defendant they were unable to prove it realizing that they could not with any demand another continuance ti nuance and the case began to look desperate they planed a counsel of war L R rogers the attorney associated with II 11 II 11 in alio prosecution ol 01 the case 0 it belnap the the county and wiliam brown acting aschiel of police duhig the of marshal metcalf bield a meeting in the sheriffs oace early sunday morning talked over abo matter the testimony they had at all the circumstances connected with the fire and subsequent events and they came to the conclusion conc luion that the building had been ret on fire and every tiling point ng to fience as the man who had done it they decided to go down to the theatre and see if something would not turn up that would be to their account accordingly they awe dow n there and benan looking over the place aliey without any result lor some time but at le ath discovered some tin partly hidden under the debris this pulled out from its hiding olaen proved to be the oil can which they afterwards exhibited in court I 1 he spot where it was found was carefully marked and I 1 lie distance from one of the windows closely measured all the other moves after the finding of the can have been recorded in the report of alie tria the can was show a to defendant but be biad to eay only that lie had been hunting for the same can as he was onto the anty who did the burning it alo a prominent part at the trial anis can being found the way seemed eay it was another clue ard aided the attorneys in obtaining ahe testimony which the witnesses had evidently kept back and which proved to bo BO damaging to the defendant thus through the diligent abor of the attorney and the two officers sum chent evidence haa been produced pod to hold the defendant to await the action of the grand jury aney may fail to indict or be may be acquitted but the fact still remains that the work ha been done in a neat manner the public who have followed the pro ce edinga will feel satisfied with the course events leave taken and hopa to see the man w ho would commit euch a crime punished a that crime deserves whether it be french or any oher man the ano homs when french ws taken down into the cells of the county jail a reporter of TUB took occasion occa aion to go don and sea bow many incites there wera and if they were crowded as well a to investigate ilia charges male by french as to the lark of the most common conveniences that even prisoners expect lie found that they had plenty of bedding and the place w ai as jean as it could well be under the ances they have plenty of light and ventilation and the re is no particularly bad smell prevailing are at present only seven or eight inmates and bieni fo get along as well ai can be expected and are making no complaints outside of those are chronic with all persons confined it is evident that the lae prisoners that is abote who have just been put in there daring the pst week or eo do not like the city jail for some reason or other to demonstrate their they have put up the bill of fare of the two places on the wall near the entrance one is by a gilt frame aud contains the following HOTEL DE BELNAP BREAKFAST beefsteak bacon and mixed potatoes coffee and tea and butter bologna sausage cold meats cheese and honey AT roast Beef Boiled beef coerced beef potatoes cabbage tomatoes bread and buttar tea aad coffee cs pears apples GILBERT proprietor alie other is simply a plain card without any frame and bears the following HOTEL BILL of FAKE sour bread black st trap and scraps LUNCHEON Water and vind bread and scraps pota toes crumbs and bugs these ridiculous notices are posted ap BO that all who come as visitors to the place may at once become acquainted quain ted with their future abode and iia food police court maggie smith the irrepressible haa again decided to atop at the city jail for ten days she once more proved herself a nuisance on the streets and the police run her in there ia strong talk of seeding her to the poor farm but nothing has been done in eliat as yet john A josts bathing pool matter was taken up mr jost was charged with keeping a auf ane in alie shape of liis pool and with not obeying the orders of the sanitary inspector in dealing it out he pleaded not guilty to the charge and saturday at ten was set for bearing the case J porcher got into trouble by getting away w ltd a hammer which did not belong to him and pawning it for alcohol it was plainly proven that he bad stolen the hammer though he stated that he bad borrow edit and then soaked to aked it the ownership of the hammer could not be proven however and be was therefore dia charged profiting to take a tumble to himself in the future peter wai arrested on the charge of having stolen a cigar cutter he lanced ahat he was given the cigar catter by pete fergnson to get liquor with and that be did so per guton on the other band testified that he had given it to him to return to another party to wham it belonged and that the next thing he knew the cutter wai pawned tor a pint of alcohol alie bostice believed per gimona etory and kamazen went to jail for ten days aa lie bould not pay goldan held on the robbery charge golden one otobe men suspected of having burned the novelty but who was discharged and immediately after again that time on the charge of robbery appeared before angue dee to aleal he pita led not cuilty and when aked as to whether lie wished to bae an examination or not he protested liis innocence but said that be not prove it without and therefore the refoe would waive examination he did so and hie court just previously escaped J a vagrant james the abird party who had been arrested for having burned down the theatre and alio bad been discharged at the same time aa golden was yesterday arrested and on alie charge of being a vagrant haing no visible means of support he made another great kick and when brought in for trial be pleaded innocence with anaida had dover known w to the question of ahe lie stated that be waa a bookkeeper ty profession and that he had lait come from lue since his stay of bevan weeks here lie had done nothing in the way of work he slept near the lyceum theatre but had never worked there in fact he had not been seeking for employment lie had lived on the money be bad brought with him irom ire biad ne arly when lie came the lawyers hal a great portion of it by this time they however were keeping come of it for liim lie had done nothing wronie the police could not bay that they had seen him bumming around the pali iono 11 is honor nati lied him closely while bienai telling his tale and at d fidfl that bis testimony did not clear him of the charge he was therefore fined failing t pay the fine lie told that 15 days work on the street would be au equivalent with which be tinned from alie court in daust and look up his abode in the cell prepared for him brigham city the corinee ladies man finds necessary bondsmen B II 11 jones came up from ogdon sunday morning having secured the habeas corpus for the led an alio w ill 10 taken to ogden today to day and most probably will be discharged we are eoon to have the following additions to our rapidly advancing city A new dancing hall an opera hoial a newspaper a sufficient amount of water gold fiher and cinnabar mining apparatus and buildings a real estate and mining boom late saturday evening E R chase got J C and constable quintan of corinne to go bis bonida hie girl lillie dairson Da idson was permitted logo without being placed under bonds sirs levina gilmore came to ham sanday she is alie oldest daughter of bishop alvin nicci and has not been to utah before for over twenty years having lived in the east the family was most completely but most liapi ly surprised at this unexpected visit tor they had never dreamed of such a thing conference people are re in great numbers miss florence snow went to kelton monday to teach school during this fall and winter so ne bold bad bays from blue blod borders bruised banded bung ed and battered each tac s and eyes in wilsons Wil sons saloon monday until their optics looked like black onions set mm nee meat several men have been in brigham within the past few dad looking for suitable homes tor their families when night baird was making his usual route about three 0 lock the other morning tie w as not a litie nonplussed nonplus sed by the antics of a show mans daughter of somnambulistic hab tg albert accerson Ac derson is suffering with a severe atack of ever L A and family will move to lyman idaho the latier part of th s week mr lenroot purchased a fine ranch there recently and has disposed of bis property here that he may give the ranch his undivided attention sanday one of chases cha ses andi men got wind that chase wai packing up ins all preparatory to jumping the country quinland up to the batters lat domicile demand ng that lie get a cow ayar ce and go to brigham forthwith that he fainland Qa inland wished to cancel alie bond persuasion and dire threats induced alie chase to comply noth hig could be done sunday aea ing but monday morning J B car and 11 H smith of corinne signed a new bind 1111 jones was in oden last saturday and obtained from judge llen derson a certificate to practice in all courts of the territory mr jones was admitted to the bar last year since shirli lie has taken a churbe courbe at ann arbor he Is a rising oung lawyer of whom our town is proud burg the bar berwill elett his quarters in a few days in order to make way tor the snow bank about six weeks agi mrs B P II ardey of baft river idaho ws gathering choke cherries when ehe tell and gave her left elbow a painful dislocate dislo cat on when the swelling subsided alie am was found to be drawn up and out of shape it remained in this condition until a few days ago when she came to Brig hara and dr set things to rights the report eliat alees ian hardi was the one that did the claim jumping a f w davs ago is incorrect J V Bol hwel and OG snow went to ogden yesterday they are expected ap this morning when something definite B ill be decided upon concerning our men work on the canal in tins locality it ia thought that frank bothwell wll take charge of this part 0 the cana that he will furnish plows scrapers etc giving three dollars to three fifty per day for man and team this suits |