Show FIRST DISTRICT COURT llon associate presiding SATURDAY may 10 2 pm wm bean dean was up to answer to the indictment charging him with cons conspiracy pincy to obtain money under false pretenses already reported ported ie he pleaded not guilty trial ordered burglary by bianconi pica plea of not guilty trial ordered frank J T cannon vs sidney stevens on appeal air mr A il for plaintiff kimball heywood for defendant the following jury were im paneled deo geo hiner R P harris eph epli jensen john wheeler theo daniels ed barlow F A benson andrew rose paul F schafer H wool ncr der 0 11 1 1 parsons robt it burch mr nelson informed the jury that the action was brought to recover recover payment for an advertisement in the ogden directory published last year 35 for the adver ti and the price of two copies of the directory a written contract having been made to that effect defendant hald not paid for the advertisement verti nor the copies the defense claimed that the work was not done according to contract if mr r T F anderson was sworn and said ho he was a printer in ogden had worked on a directory knew the meaning of the term front coyer cover page it was to fill the whole front page W farrell and J W kinsley Kins lcy being sworn gave the samo same interpretation and thought that the title of the book should not have been put on the same page 0 with the ad sidney sworn made the contract at his office with mr defeli feli iulio wio offered him a quarter page for 15 a half page for 25 or a whole page for 40 said ho would have a whole pago page or nothing and would give 35 mr telephoned to mr air cannon who in return consented to tho the bargain and the contract was made mr leo haefeli waa was sworn and testified that the proof of the ad was presented by him to mr stevens who was satisfied with it making kill some changes which attended ten y ed to before the book was printed and published cross examined the meaning of the front cover advertising space implied the whole of the page mr A D chambers was sworn was foreman at the HERALD printing office set tho the type typo for the front cover page T bf f directory handed the proof of the stevens ad to mr made the corrections ions marked by mr air stevens recognized the changes in tho the proof ag as stevens li handwriting and writing it ignot is not usual to send proofs unless they are asked for counsel for both sides briefly ad f dressed the jury mr kimball sticking as its hard for the letter of the contract as shylock did to tho the pound of flesh while mr nelson contended that mr stevens had examined corrected and accepted the proof and that was all there was of it in 40 minutes from the opening the case was given to tho the jury who after a short absence C if parsons bening foreman retired and returned a verdict for the plain and costs of court IV L parrott co vs marye afar E critchlow kimball Ki caball ile far plaintiff capt R smith for defendant len fen dant mr air kimball said the action was to recover possession of certain real property situated iu III ogden city in lot 1 block 9 plat A title was acquired through sprunt it formerly merchants in ogden cit city jury ly impaneled im paneled mr kimball opened tho the case said the firm of sprunt had bad been sued b by parrott co who had recovered co e r judgment that under the execution which followed tho the property in dispute was sold to satisfy judgment that the deafen dant has and does refuse to deliver up possession of tho tile property the rent now amounting to capt smith replied it wag was truo true that mrs critchlow was in i in possession of the property at the time it was levied upon and sold As she was no party to any of tho the transactions her opportunity had not co come me until now to vindicate her right she purchased the property from and recorded tho the deed long prior to the judgment and execution spoken of the papers in the above named 4 ai 5 i suit put in evidence by the plaintiff J W abbott was sworn for the plaintiff said ho be was a tenant of the defendant paying lier her 20 a month the defense put in evidence the deed of transfer from joseph t to 0 defendant on the ath of january 1883 and recorded in tho the following moth month mrs if E critchlow was sworn said ehe she paid mr air st hr 1400 for tho the property the day after tho the deed was recorded cross examined mr was her son in law made the bargain in december got the money by saving it paid him all up in cash at the time of the execution and delivery of the deed she had the money was present at captain smiths office when the deed was executed it was between 9 and 10 in the evening when tho the money was counte counted douton out on the table in in her house the money was in gold twenties and other denominations her husband and daughter we were present represent knew mr was merchandising at the time did not know lie was in insolvent circumstances was rather a str stranger aDger to him ile bad married her daughter in october previous did not inov of the failure of the firm until may or when the assignment was made he resided on the place in Janu january aly when the money was paid to him on tho deed he ile now dwells in the back part of the lot in a house that has been built since he ile holds no written lease of it kept tho the money locked up in the bureau had been between three and four years saving it up her daughter gave her ber some money at tho the end of each month her husband lius band was on the police force Ec learning arning 90 a month the family 10 in number were supported by him mr W 0 critchlow was sworn and testified that he lie was present when the deed was hand land oyer to his wife by mr and 1400 waa paid over to him cross exam examined ined it might bo be about 9 in the evening did not know that he lie knew of mr insolvency at the time of the deed part ot the money came from ilia his pocket accumulated b by y hiscar his earnings aings i generally as plasterer had earned irom from 82 21 to 10 a da day Y worked by tile yard could not tell how long mrs critchlow had had bad the money in tho the bureau she had been saving it up for a long time it was chiefly in 5 pieces thought a lived on the premises when the deed was trans furred and has remained there since he ile pays mrs critchlow rent mrs jensen sworn Is the daughter of mr and mrs critchlow saw the money paid over came in after it was counted out dont know where the money came from knew his mother had money in the bureau drawer but did not know how much defense rested mr air bell was sworn for tiff wa was acquainted with mr knew he lie was merchandising izing being a representative of parrott co he lie visited the firm to sell goods in february 1883 they mado made an assignment remember meeting mr beatty and mr in kimball Iley woods office in march 1883 and a conversation hero here captain smith objected as mrs critchlow was not present and the date was not subsequent to the dale date of title overruled exception taken mr said ho he had transferred his real estate to his mother in law to safe cave himself from losing he lie having been deceived by his partner in business motion by capt smith to strike out the testimony by reasons already given mr alir john jolin beatty was sworn was a commercial traveler was ac quain quainter ted cd wither with mr stab r sold goods to tho ilia firm saw mr on march 6 to find out the casc of the assignment mr said that ho he had transferred his real estate to his mother in law to save himself because ho lie had been defrauded by his pattern said ho lie had no money then same Sam motion emotion to strike out repeated and samo same ruling thereon mr air abbott recalled paid the rent to mr air but the receipts were signed mary E critchlow mado made the contract with mr stalin mr jos was sworn have been paying rent to mrs critchlow since since the transfer and have taken mr air abbotte abbotts rent to her received 1400 the night the deed was delivered dont remember seeing mr air beatty in tho the office of kimball heywood Hoy wood exception made and overruled did not re member ever saying he lie transferred the property to protect himself court adjourned to monday next 10 am MONDAY may 12 1210 10 a in people ve vs joseph miller called up for sentence judge ft crawford appealed to the mercy mer cy of the court in in favor of the prisoner giving him an wi excellent character ho he also alio read documents to the eaino same effect from honorable gentlemen ent lemen in cache valley and southern Sout southern Tern idaho idalio the only moriye that prompted the hiis prisoner prisoner to burl arizo the tho store storo was hard up circumstances ho ile had bad a young wife the prisoner when asked why sentence should not bo be passed upon him said baid he lie had been d against the wall having tried hard bard to gain a subsistence by chopping wood with one hand band ha ho being be one armed he promised to nev never er repeat the tile like offense tho the court declared itself willing willin to temper mercy with justice justic el and am fe r rw V j Fenten sentenced ced him to two years in the penitentiary people vs alexander millerton berning the commission commissi oll of a crime committed on tho the premises of W W 11 II wright ogden cita city by john E ed dwards w a r di a ind nd liard harboring 0 ring said edward edwards pica plea of not guilty counsel assigned to defend people William vs waller Walter lewis II 11 grand rand lar larceny celly plea not guilty witnesses not ready W L parrott vs 11 E critch low jury answered to their names counsel handed in to the court the instructions they desired him to give to the jury in his charge mrs M EL critchlow recalled to correct her evidence as to feb 15 the date being jan 35 15 crops ross examined when mr n c ia 1 1 the he nifty he took it anav he ile I 1 pt p it i t ib it ii somo kind of a puree 1 D hi in t t i h e particular notice of it mr bell recalled traveled for parrott cn co thi th f were ft ere creditors of sprunt pr vou vidua to the assignment aho ili fieri having paid him money on account mr kimball addressed tho the jury for plaintiff did not mr air make the transfer with intent to defraud hb his creditors was not his bi IS firm insolvent at tho time al ab though the deed dew is alleged to 1 li ave a ve been made in december the money was not paid over until january or february assignment w was as made a short time before tile relation relationship sl I 1 ip looked suspicious how the money was obtained the place where it was kept if mr r going on with his building C making contracts and collecting rents ever since ac were circumstances to be noted if juthe the intent was not to defraud creditors and mrs 0 had not iho the means of ascertaining tile fact and if imsho she paid 1 a fair value for tho the property she could withstand the sheriffs salo sale and transfer but all tho the circumstances tended to show that as mr himself told tho the comm commercial erchil travelers it was lono to make his real estate cafe safe capt II 11 smith followed how cruel it would bo be to deprive a lady of her real estate which she owned having bought it and paid for it and the deed having I 1 been made and re recorded corded I 1 long ong pro previous to the assignment sign ment recited the evidence as to the delivery of tho the deed and the payment of the money he batted the arguments adduced b by the opposing counsel t the by e intentions of a seller were fraudulent there must be a similar intent on the part of a buyer such intent had not dot been proven mr kimball concluded repeating peati tig his former argument as to th tho 0 alleged hoarding and keeping of the money on tho ath of january when the deed was made mr was in iu financial difficulty difficult tho tile delivery was not made until I 1 tho the northe record recording i n until a month after about tile time the tile assignment sign ment was made dihe the court addressed the jury they must notice tho tile ance of testimony if any fraudulent intent existed on oil tho the part of the defendant it must be proven if such proof existed the fatute declared the deed to be void fraud may be perpetrated even when a full and fair consideration is is paid for property when both par tic iii bi the transaction have hav e t the I 1 ie same guilty knowledge of the intent did mr irr have such intent did the defendant know it or have the mcanow know knowing illg it was a bona fide transaction made in good faith and for a valuable consideration if so tho tile verdict would bo be for defendant otherwise cpr plaintiff if for the latter tile the rent 20 per month would have to be added to cost of suit tho the jury retired at 1120 and relur returned ned at 1140 with a verdict for defendant and that plaintiff has no cause of action john smith the bold robber who it will be remembered boarded a utah A northern train in cache valley revolver in hand and successfully went through tl the e passengers has while in the tile penitentiary tent iary awaiting trial become the very opposite of a desperado he ile 13 ia now nov declared to bo be a quiet harmless imbecile suffering from dementia or paralysis of the mind a form of iD insanity the evidence of doctors taggart adams and carna hau lian went to sustain this theory and the jury in their verdict pronounced tho the prisoner insane and therefore unfit to bo be tried the tile court made an order for his safe ile keeping in in the territorial Asyl asylum urn annie n li il kilgore vs T J stev ens clis Suit for or damages for a quantity of liquors levied on by the defendant under a writ of execution by consent of parties tho the euit suit was dismissed at defendants costs cots t tho the caso case having been compromised the festive and would bo be rich charles Hof hoffman finan wb who ogot got mr mor leys 85 5 and eaid said other extravagant trava gant things was called up for sentence tho tile court gave him a good reprimanding for hia his silly drunken erce suspending his I 1 sentence for tile tho present but admon admonishing sh him that a repetition of such conduct would bring on the tile een sen in full force mr david wright of oncida oneida county T was recommended com by capt it smith for aarn admission i to the bar I 1 court adjourned |