Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-26
FROM JUDGE POWERS DISTRICT.
Tbc Tintic Mining Suit-Eriyoions
Cattle Cases, and How Powers
Disposed of Them.


I portant Of any held in the Territory. The
trial now in progress, involving the own
ership Of d portion OF the Eureka Hill
property, raises some new and very inter-
esting questions in mining matters. Mr.
Beck and his experts claim that the Eu-
reka vein, though traceable for miles,
splits near the point in dispute, and
| hence is lost to the Eureka Hill Com
pany. To maintain this theory MIR. Beck
has secured able lawyers and well-known
mining experts. On the other hand, MIR.
Packard is followed into court by an ar
ray OF legal and mining talent sufficient
to turn Mount Nebo on its beam end,
Bennett, Hardness, Kirkpatrick, Dick
son, Evans and Thurman, Reyes, Col
bath, Van Dusen, Reed, Clayton, Samp-
son and Morton say that there is but one
broad mineral zone passing through the
ground in question, while j. q. Suther-
land, Emerson, Brown, Dusenberry, \.
q. Sutherland & Son, Blake, Nesbitt,
Mcqueen, Meyers, Matthews and Daggett
are OF the opposite opinion. That the case
is of an interesting character goes with
out saying, and
THE MAPS, PHOTOGRAPHS AND SPECIMENS
On exhibition in the courtroom indicate
the energy and enterprise displayed by
both parties in placing their theories in
diligently before Judge Powers.
George Sutherland, associated here in
the practice OF law with his father, under
the firm name of Sutherland & Son, is
giving the Salt Lake Tribune daily re-
port OF the trial. His father is one OF Mr..
Becli's lawyers, but George will endeavor
to do the case justice. The DEMOCRAT
would have a daily report, but to drag its
readers through slopes, drop them down
shafts and along drifts, in ore, strait
fed or crushed lime, iron-stained overalls
and mineralized boot-straps, is more than
they could possibly tolerate. The ques-
! ton in dispute is given, and as is we'll
; known, to follow the evidence OF half
dozen experts would be confusion and Il
, waste OF printers ink. To the ordinary
reader bag OF dolymite might mean a
| new brand OF corn meal, and sympathetic
cracks in the lime formation would have
tendency to dcmoralize Yonng Utah
Whenever any new issue is raised during
, the progress OF this important case, the
y, DEMOCRAT will be duly advised; but &c
undertake to fill the lunatic asylum by
following an expert in print, we beg to be
I excused.
2 THE M'ISTYRE CALF.
J While the mining suit occupied the full
, time of the Court, Judge Powers, mucl
1 to the annoyance of the court attaches
| decided to hold night sessions in ordel
/ to give those indicted and awaiting tria
an opportunity TO go to the Pen or tt
Y their homes. Two men were in thu
: county Jail awaiting trial, John and De
n Witt Watts, charged with the crime o
0 grand larceny, in the stealing OF calf
: ten-dollar calf-from the McIntyr,
It brothers. The circumstances are as fol
il lows In March last some men in the
v employ of Mcintyre Brothers, who ar,
G extensive stock-growers and discoveries
:, when out on the range discovered Il stee
v calf among, what the range raiders con
sidered, the Mcintyre cattle. Every
thing that wears hair and travels on fou
legs in Juab county evidently belongs {,
the McIntyres. The cowboys downe,
the stray calf, put the Mcintyre brand OIL
n him, and after mutilating the poor limo
cent brute" altering it" was the way tn
d testimony was given-turned him out t.
( roam with the rest OF the cattle TIL
branding in this instance was merel,
) mutilation. The cowboys cut the ears t
" conform with the mark usually use
q by their employers. The OWNERSHIP
r OF the calf was never questione
>. till the range riders knife had trimme
his ears to suit the Mcintyre brand
That operation performed, settled ioreve
the title TO that young steer. Settled i
!. Cherry creek and within The range
II Mclntyre's large herd are two brothers
'r John and De Witt Watts. Both hay
" families, but the wife OF one having died
N the brothers. wife looks after the welfar
OF the orphan children. Some tire
. months after the cowboy branding an
If mutilating transaction above mentioned
n Mclntyre's men conveniently found
calf answering the description OF the on
g in question, in Watts corral. Boil
II brothers were arrested, q stock associatio
n attorney helped prosecute, and the
l. were heldto await the action Of the Gran
!. Jury. Three indictments wer9 foun
l. against them, and they have been hell
3 close prisoners in the county Jail sine
III the LIST day Of last July. That Sher
!, Turner and his guards have been kind t.
q those brothers, is too well known; bu
1t what OF the families-tl orphan chi
y dren, or the worse than widowed mother
II When the case came up S. X. Thurma
desired to assist in the prosecution OF tn
case. John Watts elected to be trie
alone, and as S. II, Lewis, Assistant [
is ). District Attorney, was on hand read
lie to try the issue, Judge Powers refused t
l. permit Mr., Thurman to assist in the pr,
Ia secution.
This action OF the Court seemed I
is cause some CONSERVATION among Tn
lesser lights OF the bar, but it all cam
le out in the wash. The ease proceeded
Or and the jury felt, as Judge Power
N expressed it, that nimsier cas-
.e never came before his court. A Verde
e. otnot guilty was rendered. Judge Power
IN open court, said "This man Watt
'e has been held since July, away from hi
t, business and family, charged with stealth
N ten.,dollar cali. The evidence produce
here by the People was entirely insu
liclent, to say the least, and that ten
dollar cali has cost this Territory MOI
)r than enough to buy small herd. Ger
re tlemen OF the jury, by your verdict 70
lie are OF the same opinion, and Justly, 10,
a, have refused to permit Mr.. Thurman
b. assist IN the prosecution OF this case f.
al several reasons. ! understand that he
<, the paid attorney OF the Utah Stock Agst
ID citation. Now, the case is this. A Grim
lc Is sald 10 nave been committed, the part
is SAID tocommitted that crime WAS ARRESTED
& and the whole machinery OF The In,
OF this Territory, aided by this Unite
States Court, is set in motto
To determine whether this is the quilt
Or party. The District Attorney prosecute
al and he has all the aid Of all fine office,
" OF the Court, His duty is, that when
1r ever during the proceedings it is mad
a /,