Show FIRST DISTRICT COURT may P 1 jr associate Lysis justice tice presiding THURSDAY may 8 10 am united states vs joseph porter P orter char charge e of embezzlement motion by mr yi kimball cimball counsel for defendant to jay aside the tile indictment because there is nothing to show on the face of it that it was found by a grand jury of this court tho the counsel also demurred to the indictment first because this court bein being a territorial court had not juristic juris dic tion and second because sufficient flicks were not stated to make a good indictment the court denied the motion stating that grand jurors of this court were bonafide bona fide united states grand jurors when doing z united states business and receiving united states pay the demurrer was also ogden vs peter peterson captain it smith mith iri on behalf of the defendant fondant fen dant daut stated that both parties had agreed to have the case dismissed at defendants cost not to exceed 30 which amount was handed over to the clerk ogden city vs nels mccarty breach of the peace appealed from alderman farrs barrs court demurrer to complaint by mr Kim ballon the ground that under tho the general welfare clause of the city charter the city could not bring specific charges for of Tenses not named in the charter he ile cited the case of ogden city vs julius juliu kiesel decided by judge boreman Bo rcman demurrer overruled his honor remarking 0 that if a city had power to license saloons and had no pow er to regulate them it would bo be a strange anomaly A trial jury was im paneled composed of the following persona persons F A brown E riggs thomas budge it G berrett W 0 warren A rose william wheeler georgo george hiner henry barker P paul aul beus william H gibbs henry A B taylor eq esq on behalf of ogden city opened the tile case officer james brown was sworn and testified that on oil dec dee 1883 between 9 and 10 he lie was stan standing dim in the door of mc bartys saloon when mr N ar mccara mccarty y and a 1 party of men came in in ammill singing and find making a great noise M mr mccarty on being remonstrated with contended that euch such conduct was orderly and being ordered him out threatening to use form orco cross examined by mr kimball the noise made was lo 10 loud ud and unusual told him he lie was not man elou enough gh to put tit me out jerome brown brown and C middleton were sworn and testified corroborating the former witness mr taylor read the ordinance relating to breach of the peace nels mccarty was sworn forthe for the defense there was no material dif ference ia in it from that of tho the prose 1 cution defendant claimed mr brown was too abrupt and cross and that the cause of complaint was too trivial J F garner and wm wilt herrick corroborated mr mccarty cCarty Al adjourned to 2 pm 2 pm thos ainscough and jas king were admitted tu to citizenship ogden city vs N IMe mccarty Carty appellant e ilant mr A B taylor ad rosed the jury on behl behalf t of the tile rc re vindicating the police in ill their right of ahi ting saloons and thu tho peace ho ile reviewed lie the odthe of the bitnes wit nesse ee awl an 1 argued siguid that mr mcl airty had hadin in i tilted and threat threatened eliM officer jas brown to fight him which conduct amounted to a breach of the peace punishable by ordinance two iwo of the witnesses lie said being mr mccartys mccartyy McC artys burkee barkeepers bar keepers pers were interested e ted witness witnesses while the third although ale ate disclaiming to have any prejudice against mr brown had bad admitted having been arrested by him while the eloquent bent I 1 counsel was expatiating on t the e usual and natural occurrences in a saloon the court asked the counsel whether he was relating his own experience this witty sally eally caused a good laugh mr kimball followed for the appellant quoting from the language alleged tobaie to have been used by the appellant which he lie coti contended tended did not amount to a disturbance of the peace neither did it appear that any persons pass passing it i g by were attracted aa as they would haye have been by a real disturbance the complaint did not set forth that mr brown was an officer but that the peace of james brown and others was dis 1 had there been any guch such thing it was his duty to arrest the disturbers disturb ers and not pick a quarrel with the landlord the only matter between them was the question tion which was the better man on con the officer would take off his star act as a common citizen and try the issue the gentleman closed his argument with a squib directed at ithe the opposing coun sel mr A B taylor made the tile closing argument dila dilating flug upon the abusive language used and tho the foul epithets hurled at the officer by tho the al appellant bellant the ho court charged the jury who retired aud cud were still hanging at the time fline of our going to ito press 6 p ni with a likelio likelihood so eo to remain |