Show FIRST DISTRICT COURT i A suit for ejectment from n julu claim in 1 mr charlca Wr lelit ahu was ci with I lIeBal la exonerated the court opened at tea tins morning the court sustained the demurrer to the indictment charging charles yr ight with illegal vot ing hoi only on the ground that the indictment was inc correctly drawn but also because ample proof is given that mr wright is a citizen of the united slates hon P II 11 emerson who addressed the court in behalf of the defendant had stated that witnesses can be obtained who saw mr wrighta original papers which have been lost and there is also evi dence that he was challenged as to his being a citizen some time ago and all doubts were removed at that time counsel also said ho had while he was occupying the bench as judge of this district advised mr wright among many others to take out new papers which ho did the record of mr wrighta first citizenship however had been found at and all doubts arc thereby removed the court said he hoped as great publicity would be given to the fact that mr wright is a citizen as waa given the indictment which charged him with illegal voting that he may not labor under any disadvantage the case of harris vs harris was dismissed at plaintiffs request and cost Tos morrow the cages af the mound city paint color co va commercial national bank and stevens vs guthrie will bo tried kimball vs ogden HERALD publishing company july murphy va murphy aug ast 1st burlock vs chupo will also be tried on the same day hansell vs nicholls was set for trial aug ath also ogden city vs shupe et al S G crowley vs assel SEL higginbotham and orth vs wilson will bo tried on the ath the case of vs hunsacker richards attora for the defense was disposed of on a writ of prohibition the case of M H beardsley et al vs aplan doyle was brought up to trial the suit is for ment from a mining claim on willard hill which the plaintiffs state is theirs by prior right A jury was hon P H emerson appeared for the and kimball heywood represented the defendants several of tho witnesses were excused for cause and the names in the box were exhausted exha used an attachment tach ment was issued for newton farr as he was not present eleven men had been obtained and counsel consented to try tho case with ten jurors consequently juror was excused newton farr was brought into court and said he was under the impression life was excused till tomorrow rooming and ho also had to bo at the woolen mills this morning on important business the court ordered mr farr to pay the cost of attachment the wm hunt was called and testified for the plaintiff has known tho mining district at willard since 1880 he located the alaice mining claim on the first of june 1884 the claim is on top of tho ridge ast of willard city at the time of location in 1884 the ground was examined thoroughly and no other notices were found the discovery post was put twenty or thirty feet south of the shaft there two veins of ore where the post was placed the claim is 1 feet by GOO feet and the vein can bo clearly followed the length of he claim witness was on the ground when the boss of the hills claim was located in 1880 in 1884 there had been no work done on the boss of the hills claim since september 1882 in april 1884 witness went to work on the claim but found defendants working it they were asked to give up possession but dolan said he would not give up the claim witness and his companion then came away on examination in july following the stakes were found to be in the same position as witness placed them part of the notice was gone cross examined mr brewerton the recorder wrote the notice and signed the mimes never had a notice that another location had been made when he went up in june 1884 he had heard it talked about ho went up for the purpose of discovering whether dolan or anybody else had located on alie old boas of the hills claim did not seen notice if location of the silver king claim on one of the at a later date he baw a notice which looked aa if it had been moved from somewhere on n dry stump this was in april 1885 stakes were also set out which are claimed to be the silver king stakes and they take in nearly all theold boss of the hills claim till 2 p m AFTERNOON CESSION T W recorder of the willard mining testified as to the filing of tho location of the alpine claim aleo to the books bye laws etc the alpine claim is a rc location of the old boss of the hills wilson hunt father of the first witness corroborated the evidence win brown was called he waa sent to the alpine claim to work U in aarli of tah company with dolan abal daylo acro there and refused to give up possession of the mine at witness request in behalf of beardsley Bc ardsley co washington aey of the alpine claim in july of una year TA Perkina testified that he served he papers on defendants at the willard mountain J N kimball moved for a nonsuit on the ground that no title had been proven tho motion was denied john 0 dolan one of the defendants testified knows tho location of alie alpine claim he was on the ground may 84 when he went to work on there no location notices there he cutup bis notices on the aoth this claim used to be called the boss of the hills his notice ws put on a ame tree about aloo feet west odthe shaft had a sur vey made of the claim march 26 1885 B F jones located the claim for defendant has been doing assessment work on the claim this year the notice was on a aliye pino tree when he went back in march 1885 at present the notice is on a stump close to the shaft witness himself changed it on the of march cross examined enaw the sil berking ver King only by reputation in january 1884 witness did not know where tho boss of the hills was he got mr dalton to show him he could not find the silver king location within a few thousand feet by the notice which ho thought he had in his bocke t A big bluff is all tharo was to show where the original claim was because there was so much snow the shaft could not be seen no signs of work having been done found no ore in place within twenty feet of the tree on which the notice was posted at the time of our going to press this case was still in progress |