Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-03-09
WALKER VS.. ROGERS.
suing Ills son-in-Lav for the value
of Household Goods.

Walker, for the recovery OF certain house
hold furniture, in regard to the owner
ship OF which there was unpleasant dis
pute last fall, was commenced in the
Third District Court this morning. Be
fore impaneling jury Mr.. Walkers at
torneys, Judge Hoge and Arthur Brown.
applied to the court TO have that part OF
the answer, or counter-claim, stricken
out rs irrelevant which made reference to
the assault by plaintiff on defendants
wife, and the alleged damage to the prop
erty during plaintiffs attempt at re-
moval. The clause was ordered stricken
| out.
| A jury was impaneled, and the case
opened by Mr.. ID. i. Walker, the plaintiff,
taking the witness stand. He testified:
During n visit to California last fall the
defendant had removed from my rooms
at the Walker House bedroom set OF
| furniture and Il piano. | missed them
| Immediately on my return, and learned
that Mr.. Rogers had taken them.
| Cross-examined-Th piano was pur-
chased some four years ago and kept at
| my residence until | moved to the
| Walker House. My daughters used the
instrument. 1t was not purchased for
my personal use only, rs ! enjoyed music
and was fond OF listening to the girls
playing. At the time it was bought
there were three OF my daughters
at home-AIrs. Rogers, Sara and
my other daughter, who is now at board
ing school. did not have wife living
at the time. The instrument was not
presented to the girls as n gift; it was
used by all three of them, mostly by the
youngest one. The set of furniture was
bought at San Francisco some twelve or
fourteen years ago. ordered it made for
my house at the same time ordered
dining-room set Am not sure that the
bedroom set was ordered. | have no
recollection Of stating that l had bought
| it for Nina and her sister. My brother
Robert purchased set at the
same time for his daughter. My
furniture was placed in the girls
room and had been used by
them. The set cost between $3.50 and
$500 After Nina married Mr.. Rogers the
was afterwards placed in her room at the
Walker House. There had been no CON
troversy over the furniture or piano. On
my return from San Francisco | found
the furniture at Mr.. Rogers house there
was nobody at his house when called
but Mrs. Rogers, so far as l saw; when
demanded the furniture she said should
not take it in Sara's absence. | had rung
the door bell and knocked, but found the
door a jar
Re-cross-eXamined-I fitted up seven
rooms at the Walker House. There were
other articles of mine in the two rooms
occupied by Sara, and some furniture be-
longing to the hotel. Excused.
j. Il. Walker testified: The set OF
furniture referred to was bought in San
Francisco in 1878. had occasion tc
visit California and took with me my OWL
daughters, Miss Emma, and Miss Nina
Walker, who is now Mrs. Rogers. My
brother, the plaintiff, was in California al
the time, and we all visited the Yves
Shore Manufacturing Company's ware
rooms. We were shown samples o
furniture made OF some peculiar wood
and we both decided to order sets for on
daughters. | certainly ordered mine fo
my daughters, and my brother ordered
his for Nina and Sara, his daughters.
have seen the furniture since it wa
girls, Sara and Nina. / know nothin,
about the piano. When Miss Sara move,
from the Walker House she took room
e |
the same furniture there.
Cross-eXamined-All that heard abou
the intended gift OF the bedroom Sc
from the plaintiff to Mrs. Rogers was il
, the conversation which took place in tn
Office OF the West Coast Manufacture
Company, OH Fourth street, San Fran
: cisco. Excused.
]. Mrs. Nina Rogers testified | was i
{ California when the furniture was OF
dered. There We're present at the tim
my father, Uncle Rob, my brother Fred
: my sister Sara, my cousi
Emma aud others. We wen
to the furniture store at tn
suggestion of my Uncle Rob, VIII
had ordered Il set for his daughters, an
father said to me and my sister Sara tn;
we might select a set for us. We did nc
o like the styles they had in stock, and S
left an order for set nearly like that on
n ordered by Uncle Rob for his daughter
Some pieces of the set were already i
/ stock, while the greater part OF it was
be made to order When ! left hon
~. two years ago to get married the furn
IL ture was left for my sister Sara, and h;
been used by her since. The furnitul
3 was removed to my home from the Walk,
7, House at the direction OF my sist,
Sara, and she always used it aft
it was brought there last fall. new,
heard my father make any claim on ii
H. furniture until he came to my house M
i. demanded 10 take it, saying, 81 ha'
, come to take my own" He had fol
n men with him. told him the law w
lie the medium through which to obtain
W He said, 81 will take it now and go
Ie law afterwards" My father had al
er presented myself and sister with hor
h, and phaeton last spring, and afterwar
(, sent me check to pay Tor my part OF
err The piano was purchased for myself al
he my sister Sara. My younger sister h.
ID used the piano very little, and III
d always practiced on another instrumer
G. 1t had always been spoken OF
he 'the girls piano" the younger siste
rs were spoken OF always rs "the children
/ had charge OF my fathers house ait
my mothers death, until was marie
1t afterwards was managed by his vii
III whom he married in the meantime.
%, the time my father visited my house I
;, the furniture he removed, with the {
VI sistance OF the four men, the piano, al
had begun TO take out the furniture.
J.; This afternoon, Mrs. d. f. Walk,
W. Miss Sara Walker, Major Erb and sever
others testified, and at Il later hour t
nc case had been given to the jury.