Show SALT LAKE NEWS NEW TRIAL FOR VAN KURAN arthur J van kuran former treasurer of the short line who was convicted on a charge of embezzlement in october ladt and sentenced to two and one half years in the state prison haa been granted new trial the opinion reversing the judgment of the lower court was handed down by the court yesterday it being written by justice bartch and concurred in by chief justice miner and justice bakin abo case fa as the result of errors made by alie trial court in refusing to give certain instructions to the jury as asked for by the defense in regard to the weight that should be given to the former good character of the accused the court alo holds that the instructions as given by the court upon the question of former good character were too limited discussing one of the instructions given by the trial court the supreme court says on the theory of this instruction the evidence of good character could nofa be considered by the jury for any except that of determining whether the witnesses for the prosecution were mistaken or had testified falsely or untruthfully such a limitation upon such evidence former good character is especially ally liable to mislead a jury where as in this case is no direct proof of the defendants guilt but where the criminating evidence comuti of testimony relating to discrepancies in accounts appearing in books kept by the defendant when compared with the books of the bank where the banking business was done it might well be that the witnesses testifying to what appeared from those books were neither mistaken nor untruthful in their n tat ementE and that the money was actually embezzled and yet as others lia d access to the beoka in question the defendant might pot bo the guilty person commenting upon another instruction given by the lower court the opinion says considering this with the previous n ructions limiting the effect of the proof relating to good character it was calculated to mislead the jury to infer bat if from the criminating evidence they believed the prisoner guilty they anut discard the evidence of good character tho opinion says so the accused had the right to have the jury charged that in deter mining whether or not he was guilty as charged in the information beyond a reasonable doubt his good character so far as involved if proven should ba considered and weighed the same as any other fact established and that it in itself might not only create a reasonable doubt of guilt which might not otherwise exist but might carry conviction of innocence in conclusion the opinion says that there are also other portions of alie courts charge which should receive close scrutiny before again submitting the to the jury DEATH OF DANIEL F COLE daniel F cole died at his home in lake breeze yesterday morning of old age having passed his seventy first year his remains were brought to watsons undertaking parlors WORKMAN FALLS 50 FEET john brogan a carpenter who was working on alie fisher brewing com banys new building in south state street near third south salt lake had a remarkable escape from yesterday morning falling fully fifty feet from which the injuries received were a broken arm and leg the fall was broken by a broad plank which left the wall with the roan it struck the ground and a rock in alie narrow alleyway and served as a springboard for the falling man who by mere chance happened to light on abo board the plank was split in two showing what force brogan must have struck it is not known how the accident was caused but a few bricks which were broken from their places on the cornice i like edge of the high narrow wall indicate that brogan must have placed his weight against alie bricks which gave way when picked p brogan was in a badly dazed condition the right leg wai broken between the knee and ankle the right ana was also frac alie patrol wagon was summoned and the injured man taken to holy cross hospital where he was attended by dr hosmer his condition is said to be very serious and it is not yet known i but that ho is internally injured TALKED the state text book convention put n a strenuous day yesterday in salt lake meeting at in the forenoon were discussed until 1030 when aba retook betook to tho I 1 rait lake theatre where they attended the university commencement exercises at 2 in the afternoon the convention resumed its labors in the council chamber and for three hours discussed again the diacos hion was animated but the bent of humor prevailed tho considered wera the essentials public school arithmetic halls and at alie close of the discussion a vote was taken which resulted as follows essentials the work now in use 13 publia school 3 hall 11 walh 2 As neither book received tha majority there was no choice and adjournment was taken until this morning at tho usual hour pro crr of tha agricultural college of logan was among the visitors during tho day and extended an invitation to atie me bibera to visit tho college on saturday next the acceptance of the invitation vi i now under consideration evening atte superintendent yeldon appointed bupt supt IloU inson of buc county and bupt supt POWERS WILL DEFEND HIM if james W mcgrath is destined to expiate the killing of his wife on alie scaffold he will at least have the satisfaction of knowing that he haa had all the show a reasonable man could ask for he is to be tried this month a nephi and judge 0 W powers will conduct the defense mcgrath made affidavit that he was without means and asked eliat an attorney be assigned to defend him judge thomas marioneaux the trial judge declared that if a man was hanged from his court he should be hung on alie evidence and not on the mistakes of his counsel and accordingly selected audgo powers to handle the case HIGH SCHOOL TROUBLE the statement made in the salt lake board of education meeting on tuesday night concerning the ill feeling existing between principal eaton and prof SI illert of the high school caused considerable sid erable surprise among the patrons and friends of the school yesterday inquiry among those in a position to know the circumstances failed to elicit any definite information regarding the cause of the trouble except in a general way the incompatibility of the two men T one of the teachers in the high school said that the evidence of lack of harmony between alie two men biad not been wanting in alie last few weeks although so far as could be observed the difference never came to an open break in teachers meetings the teacher said the french instructor had maintained a certain attitude which might be construed as one of defiance or insubordination which however the others overlooked or attributed to his temperament that the principal failed to recommend liim for election reelection re to tho others to be the natural sequence of the trouble it is said seven of the hiigli school teachers were dropped from the list submitted for re em by prof eaton I 1 brown of utah county a committee to investigate the statement that is paying more for its schoolbooks a than other estates WAITERS WALK OUT war to hns been declared in I 1 salt lake between the cook and wail era union and the proprietors of four leading union restaurants as a result of which tareo of the restaurants have closed their doors temporarily the feeling between the bosses and the men is bitter and both sides ansert that no mea aire will he accented the trouble arose over alic determination of the waiters not to handle or serve bread made by alie royal baking company against which the utah federation of labor has established a boycott notice to tah effect was served on the proprietors of alic restaurants tuesday in orning with a timo limit of twenty four hour s and when the bosses yesterday refused to discontinue buying royal bread the men walked out thereupon abo vienna closed ila doors the chesapeake and managed to get along through the day but the former closed at an carev hour and the latter about mid nigh t it was claimed by the bosses that they were compelled to serve royal bread because there was no other place where alney could secure union made bread afi aich quality and in sufficient amount to satisfy their patrons this contention was denied by the cooks and waiters who produced samples of bread from other shops and demonstrated to their own satisfaction at least that it was just as good as the royal at a special meeting of the union last night it was decided to stand by the action and remain out until tho bosses came to terms |