Show FIRST DISTRICT COURT burgin tile ho bellev erg cs dij jp mcany the farr shupe comes 1 y to a ClItu climax air TUESDAY nov 18 1810 10 am after tile ali opening of court gurt 11 na names of grand jurors drawn and andi fur for whom a venire was wits issued were called but two responded wm P F critchlow when asked whether he bei believed eved it wa right for a it man to have two wives living and at the sabe same time smil angly replied I that t depends upon the roan man mr varian Varia ii but ia is it right fur for 11 any man SL F a il 1 will have to ana aus you in the affirmative I 1 guess his ilia honor 1 we wi dont ask yuu you r 4 to guess or sa say y what you will have 10 t do do yo u an answer in the af firma formative tive W F C 1 idomir Ido do air sir the ju juror was all therefore excy excused 1 sd rhe the rhen n next at juror wm sharp answered in the negative w was as li passed assed making eight jurors obtained some same will have to W summoned d southern part of the diss dis 1 brict ric t and others from cache CW e V caf if ley how cartr ial w ill be believers in in polygamy will nol not be known till the catechism is put to them if they could be catechised catechi sed before caving mme ame much inconvenience and empen e could be saved the land laud contest between J W shupe plaintiff vers versus lorin farr and enoch farr defendants 5 was called u and ria william s marsh appeared for the plaintiff I 1 and kimball forthe the defendant counsel fb for plaintiff said that the plaintiff plain plaid tift tiff claimed to be the owner of lot 1 in block 0 6 piat G ogden city survey defendants fend ants admitted the tile claim as lo 10 0 o lot 1 but counsel fo for jeremie claimed the real issue was what land was covered by the deed the plaintiff claiming the old bed of ogden riva cuccia euc cia nd lines hois made from certain tain corners and stakes to be the boundary AOI ohp defense allowing only what the deed called callei foraster fo for rasper as per city official plat injun dion wag was pra prayed tor for restrain restraining 1 i ng defendants from lurther trespass iu cupon the plaintiff mr john W shupe was as no plaintiff and nud testified as to liue lines anil boun darica as its on oil his map varr farr by a diw new dam were turning the river on to his land spoiling it and also an ice pond that brings him in 1200 a year in ice and wha which ith he valued at plaintiff pointed to and traced the lines on the map but the great bone of content contention ion between counsel was the authority on which tare idl ia drouhi founded a on cross rose xam inato n V titi f liff admitted lie wa hot ot present when the original survey was made laiq 11 got the title and a deed from his i 11 ll eran d re v jackson jack s ozi shu dewi 0 he presumed held a leed deed for oie he land from the mayor of or ogen city the turvey nr mr in ii his bla last survey found a mistake in in the tho previous survey surveyor of over nine hind chains in the city plat mr peter shupe testified flod tor for iho 64 3 plaintiff mr AJ shupe had bad owned the land for lacny years kitna wag first survey w was as made and a corner p cs liblit beda pointed afi ou he the map ip the co corners rue re where s stakes hak es w 1 v 0 re driven and 6 to the fence boun dary and other lines inca tho the old bed bf ogden river the cotton woodiree wood tree mhd ace ice pond etc etc td mr wt ahe the f first arst surveyor established tile liuo line along the river bank back he valued the land and the aa as the ire w witness imos didi e d him as to the damage done by the diverting aliverti li verti n of f the touts of t the lid river t through broutin bro ugin de acts I 1 r cro cram sa examined was wad present att horig made ey by mr mi r in 1869 or 70 bexan he jan a lipe along tho south bank of 66 river as shown on the an map in in court I 1 i the tie court alvied counsel for pa i n e i if to su mr il r veit and Uie Coun further said lie ble alood ilia petition of plain plaintiff dir to be bd cwi for a perpetual injunction on two grounds ro V T first idt that the ibe damage 14 niage done lone by defendants second agat th at the pecuniary C condition on of defendants was such that plaintiff could not recover from them by law so ahr had made poor showing 2 pm judge william williams 0 on n behalf of plain plaintiff tiT dedire to dismiss tho the suit which ivill 01 the court granted upon p plaintiff 1 1 I iff paying costs bosts to afe present t lime line the fees of the court rv reporter porter a alone lone were there were about half a dozen witnesses present for tho the defense whose fees added to the above and rind the cF erks would with attorneys fees make a round sum such is la the gond old plan of arbitration by just and disinterested interested die men is by far th the e best one the tile Eui tui trany bo renewed under another aue the ono one disposed of t being cing simply the obtaining ft of the tile permanent injunction as already reported the grand girand jury ury were dismissed an fn inalie alie fu forenoon until tomorrow morning morn ipg those other cases report cd ed to be be brought by tho the wilson irre irrigating ati co company binnick attorneys aeral against oren hadlock adlock ran Rans ransford s foid smith at torney samuel jenkins jen kin same andrew henry felshaw dean and james janita purd purdy P J barratt will WIl Tile be watched with great interest |