The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-11-20
IN ALL THE COURTS.
Those Timber Suits Before
Judge Sanford.
JUDGMENT DAY" AT PROVO
Youthful Train Wreckers in
Trouble-From the Pen

The session of court held by Judge
Sanford yester lay was short, but con
siderable business was transacted.
The first case to present itself was
that of the United States vs.. Archibald
Parker, who was charged with trespass
in that he had illegally cut timber upon
the public lands of the Territory
situated in Toosle County. Mr.. Clarke
appeared for the government and Mr..
Darke for the defendant. The usual
jury was impaneled, and the defend
ant 8 attorney had just squared himself
for q legal tussle, when Mr.. Clarke
arose and addressing the Court, con-
veyed the information that the case
stood on all fours with the Hanks case
tried few days ago. and in which the
jury had rendered verdict in favor of
the defendant-no cause for action.
Under these circumstances the prosecu-
ton did not deem il advisable to take
up the time of the court. There was
out one thing to do. and that was to
ask that the jury be instructed to re-
turn a verdict for the defendant. Il
suppose you have 20 objection, Mr..
Darker
Mr.. DARKE.-We have no serious OBJ
lections.
The Jury returned the verdict of no
cause for action without leaving the
box. The claim of the government was
for 50 900 damages.
A JUDGMENT AGAINST THE D. & R. G. W.
The next case to come up under the
call was that of the United States VS..
the Denver & bio Grande Western Rail-
way Company and James Tucker. The
complaint charged that in 1884, 1885
and 1886, the defendants cut and re-
moved from the public domain 750, COO
feet of lumber, $500 feet of railroad
ties, 800 feet OF posts and 900 feet of
pillng-all of which was valued at
S14 900, and in this sum. with costs, the
plaintiff asked damages. In answering
the defendant plead the statute which
authorizes a railway company con-
structing through the Territory to use
sucu timber and other material on ad-
jacent pre- perty as may be needed
for the purpose of construc-
ton, and alleges that the greater
part of the lumber appropriated had
been used in the construction OF station
houses, bridges, road bed, etc. II find"
said Mr.. Clarke, that We cannot recover
for this, but that we are entitled to
damages for whatever amount was sub.
seQuently used in repairs, etc. The
railway company offered, some time
ago, to compromise upon the basis of
81 900, but this was not agreeable to the
government. This morning however,
they offered 81 500. l do not believe
that We could recover more than this |
amount were the case pushed to trial,
and therefore suggest that the jury |
be instructed TO return verdict for the
plaintiff for that amount. and in the |
matter of James Tucker, that verdict
I no cause for action be found.
Mr.. Harkness, who appeared on be
half of the railway, asssnted to this, and |
the jury, under Instructions from the |
Judge made a verdict in accord with |
the suggestions of the prosecutor.
NO CAUSE FOR ACTION.
In the case of the United States vs..
the Denver & Rio Grande Western ct
al Mr.. Clarke stated that the suit had
been brought at the instance of the for
mer incumbent of the timber agents
Office. Later developments, however,
had shown that there was no possibility
of verdict for the plaintiff. and he sug-
gested that the jury find the issue for
the defendant. They did so-no cause
of action being the verdict returned.
United States VS.. Charles White; con-
tinued for the term.
J. r. Nichols VS.. n. B. White ct al;
continued by consent.
Crescent Mining Company VS.. n. B.
White ct III. continued by consent.
THE Com