davidaulloa/AmericanStories huggingface dataset:
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
SUING SOLOMON AND YOUNG.
Fanny Davenport Failing to Show
UP the 81, 500 Bonds Are
Sued For.

Yesterday evening Assistant Prose
cutting Attorney G. S. Varian filed the
following papers in the Office of the Clerl
of the Third District Court:
The People OF the Territoryof Utah VS.
Alfred Solomon and Royal B. Young.
The plaintiff above-named complains
of the defendants above named, and fol
cause of action alleges: That heretofore
to-wit: on or about the 25th day of No.
vember, 1885, a complaint was made upon
oath before William Mckay, Esq, Com
missioner of the Supreme Court OF the
Territory of Utah, charging one Fanny
Davenport with having committed a crime
against the laws of said Territory, to-wit {:
keeping house of ill-fame.
That afterwards to-wit: On the 4th
day of December, 1885, the said Fanny
Davenport was brought before the said
Commissioner to answer to said COM
plant, whereupon such proceedings were
had that she, the said Davenport, was
bound and held to answer said charge by
said Commissioner, and on said last-men-
toned day submitted to bail in the sum
of 81 800. That thereupon the said de-
PENDANTS, Alfred Solomon and ROYAL B
Young, made and delivered their follow
ing undertaking in writing, which was
filed IN the District Court of the Third
Judicial District on the 9th day of De-
cember, 1885; that is to say that after
wards, to-wit: On the 9TH day
OF December, 1885, an Indictment
for the offense above-named was pre-
scented by the Grand Jury of the peoples
district against the said Fanny Davenport.
lRsthe Third District Court for said Ter
ritory. That afterwards to-wit: On the
oth day OF December, 1885, it was Or
dered by said court that she, the said
Davenport, appear and answer to said in
dlctment on the 9th day of December,
1885, at 2 O'Clock p. m. of that day. That
afterwards on said 9th inst, at 2 O'Clock
OF said day, the said Fanny Davenport
was regularly called in open court and
commanded to appear and answer the
SAID indictment, and these defendants as
her suretles were also in open court called
and required to produce her, the said
Davenport, that she might answer said
charges. Said Fanny Davenport failed to
appear and answer the said charges then
or at any time since.
The default of said Davenport and these
was entered by said court on
the day and at the court aforesaid. That
defendants have not paid said sum of
81 800, nor any part thereof. Wherefore,
plaintiff demands judgment against the
defendants, and each Of them, in the sum
Of 81 800, with interest from said ninth |
day OF December, 1885, and for costs
herein incurred. G. S. VARIAN,
United States Assistant Attorney.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
Leayitt's Varieties.

There was but small audience at the
Theatre last evening to witness the second
performance of Leavitt's variety troupe.
There is nothing to the show that is par
ticularly immense, but much that is fair,
ana an some that is very ordinary and stale
The "acts" worthy of special mention are
those by Vatican, the juggler, and the
four musical kings. Vatican gave an ex-
cellent performance, but his coterie of
educated pigeons dwindled down to a
solitary dove, with which one he did some
pretty balancing. The performance of
the Musical Kings was the nearest to
anything of an artistic nature on the pro-
gramme. The cornet quartette was very
fine, and merited the encore they received.
Tonight the troupe gives the third per-
f9Smance, when, seeing that Carleton will
moi be in opposition to them, there may
be better house.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
How to Consult DIR. Foote. ST., by Mail.

DIR. Foote, Senior, author OF :sPlain
Home Talk, %" Medical Common Sense, +"
etc, etc., would say to those who would
like to consult him by mail that they can
have list of questions and circular of
gratuitous advice by addressing Box Ala.
Salt Lake City. The doctor has arranged
to have such information supplied in this
way to save time. Receiving such printed
matter the correspondent can describe
his or her case fully and direct it to the
doctor, IN New York. DR.. Foote is
successfully treating all forms of chronic
diseases, a speciality to which he has de-
voted thirty years of stady and practice.
Evidences Of his success can also be had
by addressing Box Ala, as above, but all
letters of consultation and orders for
remedies should be addressed to DIR. e.
3. Foote, Sr., l20 Lexington Avenue,
New York City, n. Y. Consultation free
An advertisement of DIR. Foote, ST., in
another place deserves attention.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
Western Familiarity.

The editor of the Wood River Times
received a letter from Washington few
days ago, enclosing 30 as subscription
for his paper, the writer finishing his let
ter by declaring, II would like to receive
your disreputable, Matchmaking, partisan
journal occasionally" This, SAYS Picotte,
who is the editor of the "disreputable,
Matchmaking, partisan Journal" reminds
us of story. While William Fl, Nye,
represented Nevada in the United States
Senate, some one used very offensive
epithet, and Senator Nye felt called upon
to defend the offender. He said: "No
great ofense has been committed, because
where come from it is term OF endear-
ment. When I am in Nevada it is nothing
unusual for big, brawnv, bearded miner
to loosely slap me on the back, exclaim-
ing: 'Nye, you old s. of b, how
are We? Let's ikker up"
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
LOCAL J0TS.
What's your number? .

whats your NUMBER"
Tickets are going lively for the SO o'clocl
L. and L. Freight
Skipped by the light of the MOON il
having great run in Salt Lake.
Young Garrish, of Bountiful, lost a fin,
bridled and saddled mare which broke away
from him yesterday. when near DR.. Young.
asylum.
Leavitt's specially troupe will close thei
engagement at the Salt Lake Theatre to
night. An entire change of programme il
announced.
Mr.. Ben Bachman, deputy clerk of the
First District Court was up from Provo YES
terday, taking in the mud. ''Ihe Mikado'
and the town.
Young man, beware-you must not WOO
That YUM Yum fair-it will not do;
No hdbedS corpus now will help your fate
You'll have to skip on 'the 3o'clock freight
The handsome gilt-edged invitations of
the Excelsior Club are out for the second of
their series of winter socials. to be given at
the Olympic Hall, Monday evening next,
December 18th.
Col. E. A. Wall has begun a suit against
ex-Marsnal Shaughnessy, to recover 81, 800.
balance due upon the bonus of SIS. which
r. Col. Wall was to get for selling the May
Hover mine, about three years ago-IVood
Rjrcr Times, Sth.
Joe Riley Ga former Salt Laker) and an
other billiard sharp running under the cog
nomen of Senator Fewclothes, have issued a
challenge to any two billiard players in
idaho, to match game of three-ball caroms,
for any amount of money agreed upon and
the championship of Idaho.
The newspaper critics of Butte are in
ecstacies over the Grau Opera Company.
Big hit, " 'best treat ever in Butte'' ''all
the leading characters scored triumph"
time the Grau Company will hit Butte's
classic taste center shot. Salt Lake was
too high for - Iu
The San 7 s.sco Money Order Depart
ment of We. ., Fargo d Co.'S, Express, have
issued circulars setting forth their new
money order system. The orders can be
sent throughout the United States to places
where the are neither money order post
offices nor links with safety and dispatch.
at the low re of cents for 81 to S..
Invitations are issued for the Seventh An
nual Grand Ball in aid of the Masonic
Library. The pleasant affair will take place
in the Walker Opera House, Monday even
ing, December 18th, 1885, under the immedi-
city, Fort Douglas, Ogden, Provo, Park
City, Coinne, Bingham, Tintic, Alta,
Francklyn, Frisco I'D Evanston. 1t will
prove to be grand gyoot of the season.
From c. II. Parsons g, booksellers and
statloners, Nam We have received
'Slate and Pencils People charming book
fol- the very little children. The drawings
are by f. Opper, OF Puck fame. Also
Breakfast Daintiesn 10y Ilomas j. Murrey.
The reading of this book would be a good
substitute for the oyster soups of church |
festivals. We have also Received mid |
summer Flowers of the fioweg-song series, |
published by White, Stokes y Allen of New |
York. 1t is a beautiful thing, the illustra- |
lions being superb and the selections very |
good. These are taking Tie place of Xmas |
cards to a very considerable extent, and are |
IN every way as beautiful nd sxquisite as |
the most delicate cards. Parsons g. Co. |
have full line. Give them CALL
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
Protect Your Family.

1t is the duty of every man, ricn or
poor, who has created a home, to make
some provisions against the inevitable
Tor those who are dependent upon him,
and this most desirable result can be OBJ
tanned by procuring a policy in the Mutual
Lille insurance Company of New York,
the oldest active company in America and
the largest life insurance company in the
world. Rates, etc., furnished by Louis
Hyams, Agent, 90 Main street, Hooper &
Eldridge Block, Salt Lake City.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
ARRIVALS AND DEPARTURES OF MAILS
at the Salt Lake City POst0fiice.
Silver Quotations,
HATS! HATS! HATS:
Fau and winter styles Just Arrived

YoEnaga,s.
This celebrated hat is light and flexible
and the nobbiest hat worn, the leader in
New York City.
H. VI. Silycrm8n.s
Fine flexible hat we are making spec
ialty of and will sell it cheaper than any
house west of New York
Stets0nss.
We carry the largest and most COM
plete line in the city, both in soft and
stiff hats and at low prices.
NOBLE, WooD & Co.,
The exclusive Hatters, corner west of
Opera House.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
AuctiOni Auction 7

OF Furniture, on Saturday, December
18th, at 10 A. NJ, at No. 100 West Temple
street, opposite Continental Hotel. Four
teen-room house. comprising parlor,
dining room, kitchen and bedroom furni-
tufe, carpets, chairs, rockers, tables,
wardrobes, cupboards, curtains, lambre-
quin, crockery and glassware, paintings,
one sewing machine, toilet sets, table
cutlery. This is the largest sale of the
season. The goods are in good shape.
DuRGIN & ANDREWS,
Auctioneers.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
Salt Lake City Brewing Compapv.

M. CULLEN, 1T. W. MORSE
resident. Vice-President
we are now prepared to receive orders
Ior our CELEBRATED BUDwErsER LAcrp
BEER. Special inducements given to mr..
chasers of carload lots. fl'
Having given our careful attention IN
the selection of the finest material for tho
manufacture OF beer after the Budweisar
process, we are in situation to place be-
tore the public an article superior to anv
hitherto offered in this market
orders by telephone promptly attended
70. JACOB NORTH, Sec. & Treas
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
Schade's

Billiard and Beer Hall is now open to the
public. Only the finest brands of LIQUORS
and Cigars kept on hand, at 167 Main st.
w. SCHADE. Proprietor
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
DON'T Buy

Your Christmas Candy at any..other place
but the Oyster Grotto.
The finest assortment of Christmas
Goods, Fancy Boxes, Pure Homemade
Candies in Utah.
Fire.pound box Homemade Candy, 81.
No adulteration in our goods.
GEORGE ARBoGAsT.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
1873 Established 1878.

Jos. Baumgarten, the Fashionable
Tailor, calls the public attention to the
fact that he makes a specially of over
coats, Swallow-tail and Business Suits, at
the lowest prices in this city.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

JohnTaylor & Son, No. 43 and IS Second
South Street, have just received choice
lot of Fall and Winter Woolens. which
they offer to make up in first-class style,
at greatly reduced rates.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
X. Auerbach A. Rro-

Our display of Christmas goods is the
most varied and suitable for presents ever
offered in this city. Every country from
Japan to Switzerland has contributed to
the collection. They must be seen to be
appreciated.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
We Are Never Undersold.

We invite you to inspect our Holiday
and Toilet articles, as well as other goods,
before purchasing elsewhere.
GoDBE PITTS & Co X
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
Stoves I! Tinware /,

90 to p. w. Madsen & Co., for stoves.
ranges, and tinware. 80 and Al east,
First South street. 4
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
White House.

For the best meals and rooms 90 to the
White house. Everything first-class and
low rates.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
Wanted.

4 girl; small family; good wages to
competent person. Apply at Mrs. Whyt-
ock's, II W. Fourth South street, \
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

I'm all criminal prosecutions, the accused
shall enjoy the right to speedy and public
trlal by an impartial jury of the State and
district wherein the crime shall have been
committed, which district shall have been
previously ascertained of law, and to be in
formed OF the nature and cause of the ac-
cusation; to be confronted with the wit
nesses,'' etc. WIZ
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
HERE'S A HOW.DE.DO /!
Judge Zane Decides the vandercoOk
Habeas Corpus Case in Favor
of the City-FuIl Text of
the Decision.

A miscellaneous crowd packed the
courtroom by 10 o'clock this morning to
hear Judge Zane's vital decision in the
Vandercook habeas corpus case, on trial
and submitted yesterday.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

II it is held that the fine here is $500.
and that therefore the party is entitled to
Jury OF twelve men, then they say in
reply that II the party demands jury
OF Twelve men, the justice of the
peace IS bound to give it to him.
ana have known that to be done in
some cases; where the party before a
justice, OF the peace demanded twelve
men, the justice of the peace gave it to
MN; The Constitution in that case
would govern his right. 0
l am OF opinion that this motion to dis
charge the defendant should be denied.
and it is so ordered.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

in suits at common law. where tho vo,no
IN controversy shall exceed 500. the RIGHT of
trial by jury shall be preserved: and no fact
tried by jury shall be otherwise re-exam.
med an any court of the United States. than
according to the rules of common law,
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

This keeping of a bawdy house, or re-
sorting to or frequenting it, don't think
has ever been held as an Infamous crime ::
1t may be In the estimation of some, but
the courts have not so held it, because
certainly this class of ofenses have been
tried since the foundation of the Govern
ment-ever since this Constitution went
INTO force in the United States. 1 don't
think this provision applies to this
offense. Section six provides:
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

No person shall be held to answer for a
capital or otherwise infamous crime, unless
on presentment or Indictment of a Grand
Jury, except in cases arising in the land or
naval forces" ETC.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

Is THE ONE TO TRY THE CASE.
There was another point raised with
respect to the constitutionality of this law.
1t was held that the Constitution gives to
the defendant in case of this character
the right to an Indictment. Article five
OF the amendments to the Constitution is
as follows
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

IF THE DEFENDANT CLAIMS TWELVE
He must have it, because the Constitu-
ton gives it to him, and the law limiting
the number to six is utterly void, and he
would be entitled to jury of twelve men.
But | don't think that would GUST the
Justice OF the Peace of his Jurisdiction.
The next section is:
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

This is quite comprehensive: In all
CT criminal cases the accused shall enjoy
Ia the right to speedy and public trial !"
ihere IS no question of what the common
law jury means-a jury Of twelve men:
but am OF opinion that this statute, at
least IN some OF the courts, has been held
to apply not to these inferior misdemean-
ors. But if a jury of twelve men-a
common law jury-and it is presumed
that that kind Of jury is referred to,
unless this belongs to the inferior class of
misdemeanors, when jury of six can
try it, If the justice OF the peace has
jurisdiction of the case and is authorized
to summon jury-though the statute
may say it is six men.
Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11

The courts would appeal on the same
principle as is applicable to the act of the
Territorial Legislature which attempts to
give probate courts general Jurisdiction in
all cases. They hold from the analogies of
the Organic Act that the act relates to
courts in Utah, and from the general his
tory of that court that it would not be
presumed that Congress intended to give
the Territorial Legislature the power to
provide that probate courts might have
Jurisdiction in all cases; that the jurisdic-
ton of those courts was defined and thew
were never regarded as courts of general
Jurisdiction; and the same reason would
apply to jurisdiction of Justices of the
Peace
, 1885-05-13

English Islands Molasses, 18c. to 24c.
Exchange, New Yors and London $4.S64
London, May 9th.
Demerara trystals per cwt9O18s.
Cd.
Sugar. Muscovado per cwt., go 13s Sd.
Clayed Havana, No. IL, afoat.
go los Sd.
Demerara Rum per gallon, Is. I'D. to Is. sd.
Trinidad Cocoa per cwt. &3 l9s Cd.
CoTisols SO.
Bankof England Rate of Discount 3 pet.
Liverpool Cotton Middling upland per Id,
81 to 6.
Three per cent Rentes in Paris, Fcs. 1915.
, 1885-05-13

weeks after this despatch Sir Edward
Thornton brought 10 the notice of NJ.
de Giers a map Of Tulkestan emanat-
ing from the Russian staff, and placing
the Russian Turcoman frontier south
OF Penjdeh and Pull Khatun. On
the 26lh Of March the Russian Minis.
ter repudiated that map, and denied
that it possessed any official authority.
Again, one month later, the 29th OF
April, Lord Granville wrote on the
subject of "a joint Commission in the
following words =" Her Maiesty's
Government are prepared to accept
the proposal put forward in 1882 and
now repeated by NJ. de Giers for the
drlimitation of the frontier of Afghan
istan from Khojah Saleh westwards."
1t should be stated that "Ihe proposal
of 1882" specifically mentioned Sa-
rakhs as the point on The Herr Rud
to which the frontier line would have
to be drawn. That despatch was
communicated by Sir Edward Thorn
ton in IN interview with NJ. de Giers
on the 9th OF May, aud during the
conversation the Russian Foreign Min.
lister gave expression TO certain views,
evidently having their origin in the
ethnographical principle, which evok.
ed on the 2sth of May from Lord
Granville Il strenuous remonStrance
concluding with the remarkable ex-
preston of an opinion that if such
views were TO prevail it would be i'm
possible to augur any good result
from the labours OF IA joint Commits
sion. This statement may at some
future Ieriod of history be regarded
as prophetic.
With regard to the Commission it.
self, it was proposed on the 5th of
July that the two Commissioner
for the English Government as a proof
of its conciliatory disposition had
waived the Viceroy's original PROPOSE
ton that the Amer should he repre-
scented by a Commissioner-should
meet al SarakhS on the 1st Of October,
and Sir Peter LumSden left London
on the 4th of September by the
shortest route, with the express inten.
ton Of reaching the rendezvous by
the stipulated day. There is not the
shadow of a fact to support the asSer-
ton hat there was the least delay in
notifying to the Russian Government
the nomination of our Commissioner,
and as soon as it was decided to in
crease the escort sent from India Sir
Edward Thornton informed NJ. de
Giers, that this step had been rendered
necessary in order 10 insure the safety
of our representatives in the region
which they had TO traverse beyond
the Indian frontier. When Sir Peter
Lumsden arrived at Tifis he met
General Zelenoy, the Russian Com
missioner, and Prince Dondoukoff-
Korsakof, the Governor General Of
the Caucasus, and the conversation
turned upon the limits of the Turco-
man region and as TO how far Afghan
authority extended north Of the Paro-
pamiaus. The conversation, although
described as purely academical, took
a wide rance. and thA Princa andaa-
, 1885-05-13

er is still ut a distance from the pro-
posed scene of lis labours.
The difficulties in connection with
the definition of the Afghan frontier
are attributable in no slight degree to
the single question whether Penjdeh
is in Afghani>tan or not, and it is de-
sirablr once ana for all to deal con-
clusively with that point so far as tits
a matter of argument The advocates
of the Russian view declare that the
military occupation of Penjdeh by the
Ameer was u breach Of the original
understanding which justified the Rus
slams in Selling Pull i Khatun and in ad.
v%ancing up the Murshab to Ak Tapa
and Pul-i-khisli. But they altogether
ignore the fact that it was after Russia
knew Of this occupation that she
appointed her Commissioners and took
practical steps to carry nut the work
of delimilation. The question depends
a good deal on dates, and they should
be carefully compared. Russia's first
protest on the subject of Penjdeh was
made ON the Dist of June, and it was
her stated that 'the Ameer was about
to send an expedition to Penideh."
What had happened before that date9
On the Oath of March NJ. LeSSar had
reached Pull Khisti, aud had en6ea-
voured to gain admission into Penj-
deb. The Sariks had refused to allow
him into their settlement, and in reply
TO his inquiry as to whose authority
they owned, "they all answered we
are the subjects of Ameer Abdur-
rahmm." At that time Abdul Mohsin
Khan was the Ameer'S agent. and,
alarmed by the Russian annexation Of
Merv and the presence of Russian
agents ON their borders, the Sariks
sent a request to YaIantu~h Khan, the
Afghan officer at BaIa Murghab, for a
garrison TO afford them protection.
The Afghan troops reached Penjdelr
ON the 10th of June, exactly one week
before the Joint Commission was
sanctioned and some days before the
Ameer knew, by the Viceroy's letter
of the 10th of June, that n Commits
sion was 80 much as contemplated.
But NJ. Iessar's visit Of March Oath
had other consequences than to induce
the Snriks to petition for the presence
of an Afghan garrison. The circum-
stances were duly reported in London
and on the Oath of April Lerd
Granville addressed q complaint to
the Russian Government ns to the
despatch of Russian agents to Penjdeh
and Maimena within the limits of
Afghan territory. On the 9th of
April NJ. de Giers replied denying
that these Agents had any authority,
although he admitted that General
Komaroff had sent two engineers to
Yulatan md, Sin the case of any
necessity arising" to Penjdeh. He
concluded by saying that 'no project
of annexation is to be attributed TO
their movements" We have, there
fore, these facts established that last
March the Sariks had voluntarily
proclaimed their dependence OF AT
ghnnistan as 'the Ameer Abdurrah-
mans subiec,s." that in April the