Show SILT HE CLYDE ELLISON TELLS OF HIS unfaithfulness board of education rejects proposition of commercial club reclaiming lands lewis declared judge clyde elason was on the witness band all afternoon and a part of the morning yesterday ho narrated the events leading p to tiare killing of wat m but said he had no memory as to th shooting the cross examination hyt judge powers was BO skillfully con dack aa the admiration of y lawyer in the courtroom at the sa A 1 time the pity of the spectators was by the appearance of the lioy ellison is a sufferer arom bri disease and looks more like a corso than a ining man lie answered the questions of counah in an wa indicative vf exhausted vitality tita lity the crowd was th largest aluch has yet appeared at the trial sirs blinnie L proctor was the first witness of the day ahe sai tl she wib at the becks hot on N oi embar ath and raw there with a woman witness identified mrs allwon as the woman the direct examination of elliison Elli ion was conducted by sir truman the defendant mid that one night after ha went to live ai Vata ons ahonso he went biome latal and found locked out ho through the glass door luid saw vatson iii his clothes running down the hall to his own room elason then rapped on the window and his wife let him in through the door on another occasion enion said he heard watson fray to mrs El ellione lions dear how do you fed tonight 7 to which mrs ellison replied 1 I have been sick all day sweetheart on repeating this conversation the witness broke down and buried his face in bis handkerchief in reply to another question from mr ellison said 1 was in bed one morning dont know what time it was the blinds were all pulled down I 1 aia lying there awake I 1 saw watson enter the door he was dressed in his night gown he d into the room and put his aneo into the bed as if to get in lie then slipped out of the room and knocked on thedoor I 1 raised up and he said 1 I came to wake you up I 1 know what I 1 said heathen told hi wife that he was going to leave tho aliouse and accused her of intimacy with watson after going to his mothers he called on watson and demanded that watson go with him lo 10 his mothers watson ho said admitted the accusation he made and promised to go to mr sampsons Samp sons but afterward backed out the witness said he could remember little that happened at the galena rooming house but aid recall that his wife and said to him if you will forgive me for the great wrong I 1 have done I 1 will promise never to do it again if you leave me over this T will go to jhc thc bad ellison thus related the interview with watson on the day of the killing 1 I went in and we walked ilick into the chapel there was no one else there he said he wanted to talk to me tou have been circulating reports he said and one of us has got to leave you are footloose and you will have to go my wife will be coming back and she will be hearin about this 1 I told him I 1 go without maud and he maud would not go with me I 1 asked him how he knew and he said that he had met her on the corner of Mc Cornicks bank I 1 said you stop there and talk with glicr did you and he said xo I 1 came along in my buggy and I 1 invited your wife to take a drive with me we went out to north salt lake well I 1 thought I 1 told you nol to speak to my wife any more I 1 said and he paid D you you are bent on ruining me you want this all to get into tile papers but go ahead and do your worst remember one ahing elij son you are a poor man and pit fight you to abare you wall elldon you can go to h there were a number of things besides the shooting which ellison said he could not re judge powers began the cross egami nation of the defendant about 1130 CLUB IS DOWN the board of education refused abao cutely yesterday to send to the schools the notice requited by the commercial before club at the meeting the evening would bo to the effect that the schools kept open and that the commercial club i the would make up the deficiency in amount needed to pay the teachers rot satisfied with that tho board refused recognize commend or countenance in any dav tho work of the commercial club aside from a vote of thanks at for all citizens citi zeni the meeting last night for their work in behalf of the schools POLICEMEN ARE PAID the policemen on their beats were smiling yesterday they got their ions handed delayed auditor reiser pay around warrants for two months salary capt burbidge brought the long drawn out squabble to an end by attaching lin signature to the payrolls lie said that since the case of sheets had been disposed of by the supreme court there was nothing else for him to do every man in the department except got will have to two months pay prosecute his mandamus proceedings against die auditor in the district court today for his pay for march the trial however will be decidedly inopportune as the trouble is now at an end the easue will be wh 0 is to pay the costs T auditor reiser believes will have that honor while the policeman is hope ful that the pleasure of cost paying will be keisers Rei sers sheets name remained on the payroll it was adorned with a cross which signified that there was an explanation at the bottom of the page the ex consisted of a short statement that the question of whether sheets was entitled to pay is a question beyond the captaine cap taina jurisdiction NEVADA irrigation SCHEME assistant engineer C T prall of the united states geological purvey is a guest at the knutsford salt lake where lie will probably remain for a week or ten days mr prall has just come from nevada where he was making surveys for the trucked carson arri aaion scheme he is now on his way to montana where he is to take charge of the building of the canal and dam which are to be built w the st marys river for the purpose of deflecting the course of the river froni canada lack into the united states where it had its original course the work to be done is about fifteen miles this side of the canadian border and according to mr frail the canadian government can do nothing to prevent the changing of tho rivers course as at one biroc it was entirely in united states territory becoming changed through some unknown cause the area to be covered by chii irrigation system Is about acres LEWIS LEG ALLY JUDGE judge thomas D lewis was sustained by hc supreme court yesterday afternoon in his position on the bench of tho district court to which he was appointed by the governor as a rc of the legislatures special enactment in an opinion written by justice bartch and concurred in by chief justice mccarty it is maintained that the legislature did not exceed ita authority and that judge lewis is legally in office also that the petition of attorney gen eral breeden to oust the incumbent from office must be denied the opinion deals at length with the points of law and legal technicalities of the case the main issue is placed in whether or not the legislature transcended its powder in creating the position the opinion sets out that in determining ter mining this issue it must not bo forgotten that the legislature exercises the functions of a ordinate coordinate co branch of the state it is within its province to make laws its power to legislate upon all subjects and for all purposes of civil government is absolute inherent and plenary except as limited or controlled by the constitution of this state or of the united states being invested with such power unless it acts in violation of constitutional restraint the courts have no right to declare its void no matter how sary or unwise it may be As to whether alie creation of judge lewis position was in violation of the constitution it is the opinion of the court that a comparison between the enactment and the paramount law does not make manifest any conflict james maxwell east fifth donth sonth street was taken down with smallpox yesterday the residence was placed under quarantine by the health department Bowdie SD has written to friends in salt lake city asking for information concerning the family of her brother II 11 K dr E E smiley president of the university of wyoming will speak tomorrow at the first congregational church at 11 dr smiley is the guest of mr and irs S B william brown and ed hamilton the two convicts who engaged in an almost mortal encounter at the penitentiary sev cral days ago ar enoth rapidly recovering from their wounds they will be able to resume their labors in a short atme there were six new recruits sworn in at naval office yesterday among whom young salt lakers david C and i aaron 11 donaldson of B street one 15 and the other 17 years of age as apprentices third class the other new recruits were frederick F simon colorado landsman for training edwin S williams salt lake coal jt asser joseph cavanaugh bing liam canyon landsman for training and charles J baish illinois hospital apprentice the new recruits will leave for ogden this evening in charge of assistant surgeon R B chapman andt from there they will go over the southern pacific to san francisco where they will at once enter upon their new duties as uncle sams aias brouck says they have done better here than in any place where they have been so far as more stfan 50 per cent of the applicants have uc en accepted against an average of 15 to 20 per cent in most places |