Show DISTRICT COURT fa Il outino j transacted alio first petit enry no very exciting yesterday afternoon george mumford and osborn nye lie former a native of england and the latter of australia were admitted to citizenship this morning abo court opened at ten the clerk read the journal and mr A H winn was appointed official stenographer cf the first district court to act an cases in the case of baumgarten vs anderson Ander sou r en by default in the sum of also in the case of D M osborne vs richardson in the sum of in answer to a question by one of the gentlemen af pf the bar as to what time the court would be adjourned the court saldie bad received a letter i rom chief justice zano this morning stating that the business of the supreme court would probably occupy three weeks and hence this court will likely be adjourned till june by arrangement of the attorneys the case of the winchester partridge manufacturing co ys W W funge was changed over with that of lorin farr vs P H shupe as the witnesses were not ready in the former case vs guthrie ransford Ran stord smith said lie had the affidavit of mcguthrie Mr Guthrie stating he is sick and unable to attend the court and mr smith asked that the case be confined con tined till after the reopening of the court the request was granted the following gen aleman were then called to act as petit jurors to try the case of farr et al vs shupe and sworn M zi ensign walker barlow stephen noyle jesse vanderhoof RA wella thomas slater T H musgrave jaa R stewart J W abbott jos B moore alma matthew and aaron dewitt the examined very closely by mr kimball as to their qualifications ficat ions and their replica being satisfactory they were all passed II 11 J jonassen for the de questioned them and M L was excused W W matthews was drawn ho is not a taxpayer had not paid poll tax for three years laughter he is 29 roa and possesses household furniture and two saddle horses he was passed aaron dewitt i was excused and H R tompkins was called and passed joa B moore idelt his seat and thomas H blackburn filled his place and after examination was passed the jury then stood as follows walker barlow W W matthews stephen moyle jesse vanderhoof R A wells thomas slater T H musgrave jas R stewart J W abbott H blackburn alma matthew and H K mr kimball for the plaintiff then stated the fact of the case on or about tho of july 1884 J R shupe and brought an action against lorin farr et al in this court to restrain the plaintiff in this action from putting a dam in ogden river for the purpose of taking to cir mill an tion was issued and it continued in force till the ath of sept 1884 and the barrs farrs were without water to run their mill and on that date the injunction was dissolved mr farr now sues the on their bond for during the existence of said ini junction these damages reach in all about the water was also to be used for irrigation purposes and during the time of the lion the crops suffered for want of water the loss incurred in this direction is included in the above amount counsel for the defence reserved their statement to the jury the papers were then introduced as evidence and their filing with llie reporter was proceeded with the bond was objected to by the defence on the ground that it ia irrelevant to this case the that all the papers were admissible and gary but should it be proved later on that they are not they could be rejected mr kimball suggested it would be a hard matter to keep the record straight if evidence is admitted subject to rejection at a future time the court said that under present advice he did not think it would be rejected but the counsel for the defence would ague the question as to the admission of a number of the papers as evidence sit this afternoon A number of other were admitted under the bame ruling and objection the judgment on the case of J R shupe vs farr ct al was objected to by the defence as immaterial and withdrawn by the the judge then ad moni shed the jury that they should themselves to be addressed by any person in regard to this trial and they must not express any opinion in regard to the matter he hoped they would keep themselves sed and try the case on the testimony introduced recess was then taken till 2 pm at the petit jury took their seats aud th e farr sh ipe case tt as proceeded with A large number of spectators were mr 8 J for quoted aws 7 of the plan bill and other authorities in support of bis object cawed agapit the in reduction of the bond in evidence this morning mr kimball replied and stated that the conditions of the bond were sureties should pay all damages incurred under the in junction and produced authorities in support of his position 1 mr Jon aasen submitted one or two other authorities the court sustained the tion and ruled that testimony could be received touching the cx pense incurred by way of counsel fees in procuring the injunction mr Lorin Farr was sworn and testified as follows he idono of the plaintiffs in this action ho corn fenced to build the dam mentioned in the latter part of june 1884 A landslide took place and filled up a temporary dam which he had been using for many years and in consequence of this he camo down and repaired an old dam about a quarter of a mile below the new one be had commenced and while doing this he was enjoined in the work the dam is located below where the thedac is on ogden river about a quarter of a mile above the mill the mill is located eastok main street about 15 rods south of ogdan bridge it is a floering flouring flou ring mill run by water power the dam which ho commenced to build in june 1884 was to furnish the mill and for irrigating purposes it donld take about four weeks to build the dam he was interrupted in the building of the dam by the injunction which wa put in evidence this morning and was delayed thirty days in the building of the dam busaid injunction the per day but at that time it was capacity of the mill is bushels making bushels per diem the net profit at that time of year would bo about 20 per day this was between june and september 1884 the delay of the raising ot the injunction was caused by the absence of judges the water was turned into the race sometime be tween the and of september there is a piece of ground watered from this millrace upon which garden truck potatoes and corn was grown he was receive ing per year rent from this ground besides the crops he grew himself there was only about a quarter crop because of want of water he cultivates about 9 acres himself about one acre of potatoes and the rest in corn au ordinary crop would be about bushels of potatoes and 30 or 40 of corn to the acre the market value of potatoes at that time was from 30 to 40 cents and corn was fetching from 75 cents to 81 per hundred the average was about 80 cents cross examined by S J jonassen the slide took place in juno and cause of the stoppage of water and istook about 4 weeks to repair the damage did not dig out for the daw which was covered up went to vork and repaired an old dam which had not been used for 12 or 13 years had been working a few days when the in junction was served had 25 or 30 men at work repairing the dam i had done no irrigation the year the slide came the course ef the race was not changed after the slide the land is below where the water is taken out of the river had 5 or 6 men at work when the injunction was served did not take them atthe time of the serving of the iri T junction but made a slight if the injunction had not been served would probably have employed 50 men work was continued till the injunction was dissolved did not plant any crop after he he applied to have the injunction discharged two daya after it was served used his own discretion in the matter of putting on more men the men who were working when the injunction was served were idle one day the water was not turned in till after the injunction was dissolved the stream wea turned iii between the and of september can probably find the exact date by referring to the time book does afy remember the exact date the alula occurred the corn and po would need irrigating once a week probably twice every ten daya during june and was 05 days putting in the dam by the river ran about of the dam lie commenced to work on when tho injunction was served worked on the old dam to make it more secure while the injunction was in force did not not the run ning of tho river lutio ned of the injunction examined reexamined re by mr jannssen Jonns sen when the injunction was raised he completed work on alie levy and turned the water in by mr could you not the old dam and obtained water for irrigation the court held that that made no difference ane defendants prevented plaintiff from taking the water from where he had a eglit and any damages suffered by should bo covered by the bond of the defendant the jury was then excused for a few minutes on their return mr kimball said he wished to offer judgment of the court in the case shupe vs L farr this was objected to byar jonassen at the time of out going tb press the case was still being heard |