Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-03-09
WALKER VS.. ROGERS.
Suing His SOn.in.Law for the Value
of Household Goods.

u noiu furniture, IN regard TO the owner
N ship of which there was unpleasant dis
n pute last fall, was commenced in tn
n Third District Court this morning. Be
~ fore impaneling jury Mr.. Walkers at
n torneys, Judge Hoge and Arthur Brown
n applied to the court to have that part O
the answer, or counter-claim, stricken
out as irrelevant which made reference t.
. the assault by plaintiff on defendants
wife, and the alleged damage to the prop
erty during plaintiffs attempt at re-
Z moval. The clause was ordered stricken
6 out.
A jury was impaneled, and the case
opened by Mr.. D. F. Walker, the plaintiff,
taking the witness stand. He testified
During visit to California last fall the
defendant had removed from my rooms
at the Walker House a bedroom set OF
furniture and piano. l missed them
Immediately on my return, and learned
that Mr.. Rogers had taken them.
Cross-examined-T piano was pur-
chased some four years ago and kept at
my residence until I moved to the
Walker House. My daughters used the
instrument. 1t was not purchased for
my personal use only, as 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-Mrs. Rogers, Sara and
my other daughter, who is now at board
ing school. l did not have a wife living
at the time. The instrument was not
presented to the girls as a 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 a
dlning-room set. Am not sure that the
bedroom set was ordered. have NO
recollection of stating that had bought |
it for Nina and her sister. My brother /
Robert purchased a set at the |
same time for his daughter. NY |
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
furniture remained in Sara's room and
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 1 called
but Mrs. Rogers, so far as 1 saw; when I
demanded the furniture she said should
not take it in Sara s absence. had runp
the door bell and knocked, but found the
door ajar.
Re-cross-examined-I fitted up seven
rooms at the Walker House. There were
other articles of mine in the two rooms
by Sara, and some furniture he
longing to the hotel Excused.
j. R. Walker testified: The set of {
furniture referred to was bought in San
francisco in 1873 / had occasion to {;
visit California and took with me nv own {
daughters, Miss Emma, and Miss Nina {
Walker, who is now Mrs Rogers. NV t
brother, the plaintiff, was in California at I
The time, and we all visited the West 6
shore Manufacturing Company's ware L
rooms. We were shown samples of L
furniture made of some peculiar wood a
ind we both decided to order sets for our
daughters. certainly ordered mine for 4
ny daughters, and my brother ordered il
lis Tor Nina and Sara, his daughters. 1 v
lave seen the furniture since it was
brought here in the possession of the two n
iris, Sara and Nina. | know nothing C
1Ouo eiS PidiO. w llGH MISS CARA moved | II
rom the Walker House she took rooms n
t Mr.. Rogers house, and have seen p
he same furniture there. fe
Cross-examined-All that heard about
he intended gift of the bedroom set W
rom the plaintiff to Mrs. Rogers was in cl
ne conversation which took place in the al
fflce OF the West Coast Manufacturing as
company, on Fourth street, San Fran ii
isco Excused. ty
Mrs. Nina Rogers testified: L was in liz
allfornla when the furniture was Or ty
cred. There were present at the time
" father, Uncle Rob, my brother Fred,
~ sister Sara, my cousin
NINA and others. We went
the furniture store at the A
digestion OF my Uncle Rob, who :.
I'd ordered set for his daughters, and
ther said to me and my sister Sara that
might select set for us. We did not
se the styles they had in stock, and SO wi
IT an order for set nearly like that one m,
dered by Uncle Rob for his daughters. -.
'me pieces of the set were already in vi
ock, while the greater part of it was to ca
made to order. When l left home to,
70 years ago to get married the furni- W;
re was left for my sister Sara, and has -.
ZEN used by her since. The furniture ioS
IS removed to my home from the Walker int
ouse at the direction of nv sister ira
!ra, and she always used it after %,
was brought there last fall. never =, 0'
lard my father make any claim on the .lle
rnlture until he came to nv house and Cpl
to take it, saying, sT have I'M I'M
me to take my own" He had four 'ih
en- with him. told him the law was /
medium through which to obtain it. 10
said, Il will take it now and 90 to ne nee
afterwards" My father had also tne
scented myself and sister with a horse OF
d phaeton last spring, and afterwards Lex
1t me check to pay for my part of it. 80 y
piano was purchased for myself and hoa
sister Sara. My younger sister had oess
ID the piano very little, and had .,1n
'ays practiced on another instrument. y! .ilr'
had always been spoken of as I,ie .
le girls piano." the younger sisters Oh
'e spoken of always as "the children l NJ
ad charge of my fathers house after VI !.
mother's death, until 1 was married. I 1
was managed by his wife, Den a
om he married in the meantime. At y
time my father visited my house for ioul
furniture he removed, with the as pre-
ance of the four men, the piano, and r lrlis
begun to take out the furniture. yen
his afternoon, Mrs. d. F. Walker. eva, ave-,
IS Sara Walker, Major Erb and several Lee,
ers testified, and at later hour the It'd
had been given to the jury. corr
mort