| Show THE KIMBALL CASE in the case cate of ogden city vs nathan kimball Kin ibal a wherein win rein tle was charged and ada adjudged iulg guilty in au alderman s C court otist of disturbing the peace appealed to to the tilt firby district court a de aas as interposed by the d de e and today to day he court sustained the demurrer tor the following reasons to wit first that the complaint is altogether too indefinite and charges nn no offense ofie uee and second that tho the ordinance under which the com complaint p bailit is brought is ie unauthorized and void the can hae has accordingly been dismissed since the supreme court ia in the salt lake spiers writ of prohibition oe rendered its fa decision we have bad no doubt ae as to what would be the ruling of the first district Dittri ct court in tho caw of ogden city vs na than kimball Kimb dil thie this cee case might have been sooner per hape haps on the motion of the lion tion and some trifling coste thus saved to the city but it waa woe desir able to bare have the court put itself oa on record for u eft in no way coa con necked with the merita of the case ae as bregarde tu tb nathan some of the de I 1 i which the dourte here are rendering nowa now a days are of exceptional value ia in but at the time we shall dot not die dis CUM miss this femurs of the decision now under oun inasmuch Inae much ae 39 the threatening language and conduct originally charged against general nathan kimball in in this ca wm to have ba against die editor of this paw ake public amorally exports that 19 will make ome tome upon be es kr al lebed ed without any mad to ibe strout St hout any con the of the dw the of peace ani gond gand order but only with regard to hie his own Seelia feelings gs in the matter the editor e d aitor of this paper ie hi heartily glad alit general kimball kimbell hae has the be ot a final convict conviction ia in thie this case juet just prior to the of the ai alleged offense fence of general kimbell had h ad iwen been werely severely attacked in a ariti wm by the editor who at thet that time had so personal pere oeal knowl edae edge of the general and undoubtedly relied loo much upon hearsay without malice at all times editor hemenway Heme away would have beau only tou too happy have made the amendt honorable bad he blown that in so doing net not have done un nn injustice to the public but he could but not do this solely under the tress of menaces and without soy in formation which might enable hira hits to correct the animadversions and criticisms which Ateo the General resented I 1 but what the editor refused to do under threats and while in the jeopardy of prosecution cution for libel with no ono one to defend him and hopeless hope leae of justice even be he now does cheerfully of hie his own free will it is certainly no part of the business or intention of the present editor of this paper to wail a harmless gray haired vet eran and ho he did so in this case under a 1 of the facts and god helping him he be will bo be careful not to trouble to criticize any insignificant old gentleman in the future the editor of thi paper ie is a young raw maa he feels able sad willing to suffer rather than thau to do wrong to any one intentionally intention ally if he be had believed beli eyed at the time when general kimball was threatening him hirn with uplifted cane that he bad had really aspersed that old gentleman he be would have craved cra hia his pardon and from that moment did all that he could do as an editor to repair the injury As wo e have just eaid said the editor of this paper ie ia young betas never bad had an opportunity of fighting for the old flag but in the main dame fortune baa hits treated hira him kindly al though ho beh has undoubtedly undoubted if erred often and rad many mistakes ati doe does ho try to do and t to day he blesses his enemies without a cher jAing one rankling sentiment toward any of them and when he so far forgets his dignity and manhood as to unlawfully menace with anger and violence any indi vidual whatever became bec atiee of any libel slander or partisan newspaper attack ho he hopes to be banished from the haunts of civilized men forever A gentleman will not insult or abuse him none other can whatever the provocation may be notwithstanding his corn coin para tive youth and inexperience he can maintain bis hi s self posses po sion and repress all savage lawless passions and he hopes that age when it cornea comes to hit him awill will greater dignity et all iulius possession ess 1 iou and wisdom instead of ine increasing the fury and malignity of bis his passions and brutal instincts until they can only be condoned by the plea of gray haire hairs a very good past pairl patri otic service and IT MOULD WOULD seem that both republic cans and democrats are paying too to much attention to the matter and it more prominence than it deserves everybody knows known that jeff davis Is a tb the e lust lost cause gone ta t seed ind and a man in ble position will it more sense and leas less egotism would have remained at home content with its iris seclusion he is no one ia in pir par p ir nicular at present though he has merited all the opprobrium be he haa bao received rec elved vica prem that wae was jnet just what people eaid said years ad it is just what wae was eaid said about socialists oc aliete 0 no o danger dont mention it when the thou made of people come out and about themselves hoarse over jeff and bis his reiteration that the loot cause is sot not lost 1 a good many people will take note of the event the democratic party in the south evidently dont share the opinion of the arese prese that jeff davie davis should remain in eccli elon too or that be ie Is no one in par ti tic Blar 11 he ie is to day dy their luader cintr acan ams mi roes ron cf of the hoosier senator hae has aa an aftic admirer io in the th person of A P dodge of new now york and all her cf 6 tort torm to dodot bim him hav have been cogul giua ohe she wet wt to floria Flor Flori 4 and ad pointe point IB JR the south for teat purpose gm lew SAYS that dur ing the four yoom be was at knople be he saw the A tinaa flag an ia port only twice onoe on a man of war and once on ou jamea goedon facht yacht ONI or tb potila ot of st daei barri aa an sed when b it ritu nd gravly patrols his boot hwi it ow ua bis bw head |
