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Show HUDSON AVENUE CASES SN COURT Jury Has Been Selected to Determine the Value of Property Condemned Con-demned in the Opening of the Avenue-Judge T. D. Lewis on the Ecnch. i I i In the Second district court yesterday yester-day afternoon. Judge T. D. Lewi? presidium, the follow ins jurymen were i empaneled to hear the case of Ogdca against Ellen J. Stevens, administratrix administra-trix of the estate of W. II. Stevens, deceased. Henry Wcssler. tenant, and John A. Stlmson, sub tenant: Mathias Rtel, Tarley CI. Butler, Joseph B Moore, and T. 11. Reader of Ogden; T. B. Terry and Robert Cow-I Cow-I an of Marriott; William S. Crngun : of Pleasant View, and W. II. Atwood of Hooper. Those connected with the case as defendants at tho beginning of the condemnation proceedings of the city for the opening of Hudson avenue. J Rtween Twenty fourth and Twenty-lift Twenty-lift h streets, were: D. H. Peery estate, fee holders; Great American Tea company, tenants; ten-ants; Ellen J. Stevens, administratrix of the estate of W. II. Stev.ns, dc- ceased, Tee holder; Henry Wessler and J,' A. Stlmson, tenant and subtenant; sub-tenant; F. J Kiesc-tp fee holder; J. A. Howell, fee holder; Charles Wtx.d-raanseo, Wtx.d-raanseo, fee holder; J W, McKennn. tenant; Stanley D-e. fee holder; John Smalley, tenant; Carl Soi3nsen, fee holder; E. A. Munsey, tenant; Ogden Trust Development company, foe holder; Ralph Guthrie, tenant; Dorothy Doro-thy Peterson, tenant; George H. Trfbe. fee holder. Since that time, according to tho statement of Aatorney .1- G. Willis for the city, all, except the parties now In court, Carl Sorensen and George H. Tribe have virtually hl-en eliminated from the controversy as to valuations of the property used in the opening, of the acnuc. So that there will be not more than thre contests, two besides be-sides the one that is being heard. By eliminations, Mr. Willis means the parties who will "not contest and are prepared to make a settlement with the city without proceeding further in the courts. After the Jury was empaneled and e worn to try the case yesterday evening eve-ning Judge Lwls adjourned court tintii 2 o'clock today. The jury was instructed to abstain from any conversation con-versation retarding the merits of th case and 'they were particularly cautioned against talking with anybody any-body interested In the Hudson avenue ave-nue litigation, wh.-tber parties to the present suit or to be parties In subsequent sub-sequent suits touching the same controversy con-troversy The adjournment was taV.en for tno purpose of giving the attorney for Stlmson a little more time la which to prepare for tho trial. The hearing of the case was resumed re-sumed at 2 oclock. the coujt stating that the former ruling regarding the right of the possession to the premise's prem-ise's on the part of the city would itand and that the plaintiff need not offer further proof on that question Miless the city bo desired. The attorney for the city elected to olfer proor as to the necessity for tho use of the premises for street purposes, rnd. In support of that, Introduced the petition of property owners along the avenue asking the city council to open tho avenue for public use; the referring refer-ring of the petition to tho committee on laws, the city attorney and the city engineer; tho report of the committee, attorney and engineer on the question: hte publication of notice of Intention to open the street;, the report of the I card of equalization appointed to hear piotests acainsi the opening of tho cvenne, and the reort that there was but one protest filed, that being offered of-fered by George H. Tribe. Assistant Engineer W. E. Roach was placed on the stand. He testified regarding re-garding the surveying, platting and subsequent building of tho avenue. The American Tea company and Dorothy Peterson, not having Joined in the issue against the city, were declared de-clared by the court to be in default end the default was ordered entered. |