| Show SIDNEY exonerated of charge of having unlawfully appropriated water before judge murphy in the police court this morning hearing was held in the case of sidney stevens who was charged toy tha north ogden irrigation company with the larceny of water the allegation made oy the company was that the defendant had on july 13 taken more water from the ditches of the company in north ogden than he was entitled to use and that by his action be bad deprived mr cragun and mr keese of their water rights on that day the case was originally set tor hearing before C J dinsmore justice 0 be peace forthe for the north ogden district when the case was called in that district mr stevens through bis attorney W L asked for a change of venue and the order was mada transferring the case to judge murphys Murp hys court george dean secretary of the irrigation company was the first witness he testified as to the amount of water the defendant was entitled to on the date in question but he was not sure that mr stevens had taken more than he was allowed although when he had looked at the ditch on mr Sl ovens place on that day he thought that abera was more water in the ditch than was allowed water master J T bailey of the north district was the next witness he slated that mr was entitled to 15 test of water on the day in question but that he had noticed that mr marshall who renta tho stevens place in north ogden wag using oliree ditches and all three of the ditches seemed to have each all the water to walca mr was entitled he bad spoken to mr stevens in regard to the matter and mr stevens bad said that it was mr marshall who had taken the water mr marshall in turn said that mr stevens bad told him to take the water when questioned as to the amount ot water that was actually in the ditches mr bailey admitted that ho had not measured the water but was simply stating what be thought the amount to bo from what be bad seen on the stand sidney stevens denied that hs had wilfully taken the water as the complaint had stated and aa there was no evidence to show that a greater amount ot water had been taken by the defendant than that to which be was the court or dered that he be dismissed county attorney conducted the prosecution and the defendant was represented by W L magin als joseph marshall testified that he not mr stevens took the water al eged to have been stolen and that he lad previously asked mr bailey jor the water and was told that he might ake what he needed |
