Show BEFORE JUDGE ZANE A leo andrall and Call Fon leera fine 1 paid yesterday morning at 10 Ale sirs lee foulger and bill ball were again brought down from the penitentiary and mr air varian made RU an argument in reply to mr air remarks of the ho previous day the salt lake herald caye he was followed by mr richard richards and judge judg e zane then delivered his ruling discharging mr Ur leo lee he eaid said in substance the only question was whether the twenty two acres used by the petitioner eniti oner as s a farm was part of the homestead Eom homestead estead the territorial statutes exempted lands with the improvements and appurtenances to a certain amount tho the court considered that the proper construction of the statute should in the interest of humanity ibe be liberal the authorities reu read by counsel on either side had not been in harmony as to the teats teas to be applied plied the proper st meaning of homestead om estead wae was the dwelling occupied by family aa as a home and ordinarily referred to a compact co in P act piece of land in th the 0 aig light lit of the reasons for the we territorial law the question arose aa as to whether lands comprising the homestead should be contiguous the object of the law was to provide not only for the head ot of the house houte but for the family protection from credo cred tars it waa was not only to furnish a home but the use of the lands used I 1 in connection withro with ab home borne by the family as a means of support it would be he useless to give them a dwelling du elling and provide them nothing to eat the object of the exe exemption in was the protection of me the family in this instance the petitioner was using the farm for the maintenance and support of 0 hia his family gamily to protect them from hunger and want and it would be difficult to draw a distinction because the tract of land was not cont ous to the house creditors could see from observation that the family were we reusing using the land as a homestead afie the evidence showed that both tracts of the land should be considered in the homestead mr foulger then came forward and in answer to mr moyle eaid said he had a house and lot valued at or 1600 1500 assessed by the city at hie his first wife had bad four children EO go that the exeme tiona to which he and they were entitled amounted to 2600 2500 he had no other property whatever in answer to mr air varian mr foulger eaid said he was arrested oct 1885 at that time he be wae was posa possessed essed of 1600 in coop co op stock this he deeded to his first wife on november N jtb in accordance ne cordan co with an und understanding with both families some borne time previous that there hould be a division of aty ty chere had been no under understanding as to his reserving any future Ebrie benefit fit from the stock it was transferred to her er for or her benefit and that ef of her ebil children dien before his arrest he had transi transferred erred a piece of real estate valued at to hia his second wife and notes and i mortgages to bia bis first pret wife of the value of he had bad abio afio 1 transferred tn to his bis first wife several vacant lots but all this bad had been done on october or sey several eral day days before bia his arrest the mortgage notes were given by mra lindsay J H burrows J H macnea and W Y D owen he had alaio 1 had bad certificates of deposit in Z C bf I 1 payable on demand for bearing interest at G 6 per cent he also gave thia to hi first wife on Wo november vember aw four day days after his arrest but three days be fore his indictment all these transfers were made to provide for his wife ha hel had lio no intention of placing lacing his property out of his bands hands for the purpose ot 0 beati beating any judgment against him A he e had regarded the property m hia his own and had not thought there could be anything wrong in disposing posing 9 of it aa as he saw fit he bad no money on hand band and understood that he lie was in debt to the twentieth ward co 0 op p his disposition of his property bad had no reference to hia his aires arrest atad had no furniture himself or personal property had a 10 watch which he bad had also 1 given hia his wife 1 mr air moyle claimed that no proof had been shown and ger ought to be discharged mr varian was about to reply when judge zane interrupted saying 1 I dont think you need to argue the case mr varian its very apparent to me that thid this per eon son can pay his fine quickly enough if he wants to tatt transfer of so large an amount of property pio perty at bout about the time of hia his conviction can not be considered as done in good faith and this coop co op a i stock alone iloie held hold by the first wife will affords S ri ready way out of the difficulty the p petitioner will be remanded to the custody of the mar marshal mr foulger looked as if ff he would like to reply buk but took ik bacIE se beata t friend wen had bad accidents acci accidentally denta been een waiting w i g with the money mone in anticipation ant ti of this result aa a the tle amount of fine and coats costs was paid immediately and mr air foulger act at liberty mr ball then came forward and eaid said he had transferred his property to th the value evAlue of 1600 1500 to hia his wives wives the day after he was arrested had six children under a age e the stock in hia his store was wor worth te but it was covered by a chattel mortgage he hd owed besides he bad or i in accounts mostly outlawed outlaw cr all his big debtor were poor people and he would not know where to go to collect 10 to w r 15 f d day ay parties who b lac az owed bita him over two years bud bad gone away ly to sir air varian the chattel mortgage to barnea barnes davis was given after his hi arrest there were about of the accounts not outlawed had a silver watch worth about 10 bad had no horse or wagon go and no cow all hie his children were by hie his second wife hie his property was assessed at 1600 he did nut not value it at more than 1500 he was no not t aware that property wa was only as is hessed at half its value in this city it A recess was taken till 2 and at that hour county assessor burton wa was called he testified that property was usually assessed ase eed at from one talf baff to two abi thirds ads of its value mr balle balls place was worth about 2000 mr varian claimed that petition er should be held on the showing that sorbe some of his boob book accounts were good in pacing passing ho be remarked that children by the second wife were not entitled to any exemptions exemption under the law but sought to make no particular point on that issue richards and moyle con tended that the showing made of mr air balls affairs waa was not such that ho he could be called able to discharge hie his fine the court also took thie this view and ruled that the nominal value of the accounts may be considerable sid erable but the actual value was vias the question at issue the statute included credits due the party in this instance the court could not find that accounts were worth mo more e than 20 the petitioner was evidently evi ft a poor man and should therefore be discharged |