Show SUPREME COURT appeal of the simpson bolye case U S commissioner mckays fees accordine to the salt lake herald the territorial supreme court opened reopened re yesterday when judges zane boreman and powers again occupied the bench abid sat through a long and somewhat dreary session the morning was occupied in hearing the arguments in the case of simpson the man it will be remembered who isnow serving out a two years sentence for polygamy he was convicted on evidence showing that he had married one hannah powell in england and afterwards taken a second wife in thia country both he and hannah bewell denied the first marriage the appeal was taken bruni the decision of judge zane mr Whitte attorney for simpson claiming that the court erred in charging the jury as follows you are further instructed that it is not necessary in order to establish a marriage between the defendant and the woman hannah powell that a marriage certificate or any other record evidence of such marriage should be procured neither is it necessary to produce any witness who was present at such marriage you may infer the marriage from the declarations cla rations or admissions of the defendant that this woman was his wife if you believe from all the evidence in the case that such declarations and admissions were in fact made by him mr whittemore and mr dickson made ibo arguments and at noon the case was admitted the afternoon session was occupied by the case of the lehi irrigation co vs stephen moyle etal et al this is the great water ditch controversy which before judge emerson was decided in bayor of the defendants the suit involves the right of moyle and 40 or 50 others to use the water from the lehi ditch the stream which flows from american fork canyon to lehi the ditch was originally built by the people of that town in 1851 and is their principal source of was supply in the defendants settled on the bench above lebi and used the water from the ditch for their lands diverting tho stream so the lehi people claim which rightfully belongs to them suit is brou glit to enjoin the defendants from using alie water from this particular litch the arguments will be resumed today to day arthur browa represents the defendants and sheeks rawlins and S R thurman for the plaintiffs judge snow s to the appeal in the case thomas fenton vs salt lake county was denied during the day commissioner mckaye accounts since 1883 giving the amounts of his fees in both united states and territorial cases were submitted attested by the prosecuting sec attorney and approved by tho supreme court those who have biad the commissioners fees amounted to something fabulous will have their eyes opened by the details in these accounts they are presented in the shape of semi annual reports of feea and run all the way from 40 to 50 to a trifle over each according accor diug to the degree of business transacted in the six months term jolin A marshall of the librn of hall marshall was appointed court reporter in the place of zera banow removed out of the territory an adjournment was taken until thi morning at 10 |