Show FIRST COURT T s i E ir and anlu wadley vs 1 it belnap at ten this rooming the court waa opened and the journal read in the case of E H orth vs P A brown n jury having been ams panelled panel led tha through sheeks rawlans made an affidavit asking gitlia the caso bo continued for the term in conse quence of the absence of two material witnesses ono of whom is at present in chicago and the other in the continuance was opposed by judge williams counsel for the plaintiff on the ground that due diligence had not been exercised to obtain said wits nesses the court slated that when the case was called yesterday he the defendant was mr P A brown and the court would hardly be fair in punishing a man and then while undergoing such punishment to force any cases m which ho may be interested and while the affidavit might be anad under some circumstances he would certainly grant a continuance for the present the court stated he would not allow any costs against the defendant as his honor thought mr F A brown has had trouble enough during this term of the court the jury was accordingly discharged peder nilson a native of nor a resident of cache county was made a citizen odthe united states the case of waidley vs belnap was called and a jury empanelled empanel led judge ri K williams represented the defendant and kimball heywood appeared for the plaintiff this action is brought to recover possession of certain property held by defendant which ho claims to hold under an attachment issued from the Justice 8 court in this precinct the testimony of the defendant given in a previous cross examina tion was introduced as evidence witnesses for the defence were called this afternoon among them were justice T D dee and W G child and at the time of our going to press the case was still in progress |