| Show ia lie m at yam ytm on friday alie caso against J K three others or dm tur bance of alio peace was heard before just ico 11 W merrily ra at irice emery county county attorney A balanger of emery county assisted by L it bogers esq of chii city appeared for and lewis G J marsh and joseah cloger son appeared for alie defence it will be remembered that a change of venue from where tha case first came up to price bad been taken by defendant at abo opening before any evidence had been introduced the defence moved to leave the case dismissed because of lack of jurisdiction and declined to argue it the court overruled the motion and the case proceeded daniel iiames J T and JP sprunt were aborn for the prosecution the combined testimony of these witnesses was to the following effect on januray ath they the three above named witnesses laving left ogden for abo purpose of visiting their claims in imery county nere walking down alio D it G trade tov ard the said claims alien within one fourth ot a mile of mr they met adam paul one of tho four defend abla anla who passed them ha vine gone a ih he returned return od and again passed them approaching mr claim they saw theoa men emerging from the brush along the track ano of atheni jack keef and john doe howard otherwise pat howard carried gunsol choul ders while tho mini J R carried no visible weapon paul joined alieu as aliey came out ft it nesses alien walked on until mr Sp runts claim waa reached this they found hail been fenced with a polo feure which really formed a bar to their their entrance they passed this eftim and visited the claim of mr mantosh down the track iii going there paul followed tharo and informing them that he had ben in peaceable posses loi of the claim mr lie told them not to post up any notices on raid claim returning to tle ole fence referred to before the thre witnesses alia bara forming the entrance liero iiley found alie oilier defendants mr iiames shook hands miss who said 1 I oil want to see your aim dont youa yi eliat is what I 1 fanio doa n for ans vered Mr hauler leave to go around by you cant cross my claim it may la hera eliat ir ot rather a portion of it ft as lying across the of a canyon and lovegod the approach 0 o mr JI amers claim lying further up the canyon and eliat the mojid by panther canyon was some miles out of alie way mr rel lied Ili ats pretty tough it is a business matter etith you but etli eliat d d buccier its a personal matter you dro d ro fool exclaimed alien replied 1 I am hellod and I 1 you are step out there about ten paces and fettle the matter muttering I 1 take a shot at you with aliis he pitol pi tol to reveal mhd to one of alio witnesses and I 1 lamer stepped in beta een and stopped the quarrel at this time P out a pi lol and cartridge belt and it there h any fighting to be dune I 1 want a hand law the however ended here and ro fining to allow them a right of way over he land lie tha claims above tho parties returned to win sharps cabin remained there over night and in the returned to ogden the testimony showed further that had posted up notices on tha land am therefore it was hla ilasin that maddle ala mla acting under W hi williams secretary of the permanent loan and building association lial torn cheso noricca down and posted ap pp others claiming it for the defence did not introduce any rebutting evidence but moved a dismissal of the cabe J after having hoard the above evidence decided that biad not established a case and therefore discharged the defendants tho will now bo ablo to judge for themselves by compiling com the above evidence with the article relative to this subject which appner cd in last Enn days issue of the jan cotlin |
