The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-18
THE FARMER REWARD.
The Jury Give a Verdict for
the Plaintiffs.
A SUIT FOR FIFTY THOUSAND.
Proceedings Before Judge Judd, at
Ogden, and Jud ge HeDder-
SON. at Provo.

The first business TO monopolize the
attention of Judge Sanford yesterday
morning was the continuation of the
case of War; VS.. Cohn, in which the
former sued for the reward of $500
offered by Cohn Bros. soon after the
drowning OF j. D. Farmer in the Great
Salt Lake, for the recovery of the body
of the unfortunate man.
P. l.. Williams made the argument
for the defendants and E. D. Hoge ap
peared in behalf of the plaintiff. Judge
Sanford was asked by the defense to
instruct the jury that the long time in
tervening between the offer Of the re-
ward and It's withdrawal from the press
and the discovery of the body vitiated
the reward offered. This the Judge de-
clined to do. saying that one of the rea-
sons why the reward had been offered,
was that the remains of the unfortu-
nate man might have Christian burial.
He preferred to let the jury pass upon
the question of whether or not the time
was a reasonable one. Mr.. Williams
main argument was to the effect that
the finding Of the body was mere &C
cident, ana that they were engaged in
another pursuit-dpck-h unting-wh
they stumbled across the remains
which had doubtless been lying on the
shore of the lake for months previous.
1t was the merest talk to say that they
were in search of the body when they
found it. The evidence was to the
effect that the plaintiffs were out duck
hunting. They both had their guns,
and men do not usually hunt dead
mems bones with shotguns.
Mr.. HogS replied: The whole tenor of
the remarks made by counsel were to
the effect that the Wars were not
worthy of belief. He thought the evil
dence both of the Wars and OF Jacob
sen, went strongly to show that never
for day since the reading of the re-
ward in The HERALD up to the day Of
the discovery, had the incident passed
from their minds. 1t is true that the
men were also look ng for ducks when
the body was found. 1t is also true
that the two men had started out in diff
ferent directions, and had met near
where the bones were found. 1t is also
true that the first exclamation after
GAOl1 S04 B4lSO GU WIG Shoc9AJ OAcOStO4
had somewhat abated, that one of them
at least had said: well, we have got
Farmer at last!" The idea put forward
by counsel that the lapse of time had
.itiated the reward was ludicrous;
neither was it true that the discontinue
ance of the advertisement offering the
reward was an absolute withdrawal of
the reward.
The Judges charge was brief. The
offer of reward such as had been made
was in the nature of a contract. Any
one might assent to tit was open to
all who had knowledge of it. There
must be some limit, of course-some-
time within which the reward must be
claimed. 1t might have been included
in the notice Offering the reward, but in
this case it was not. The question as
to what is reasonable time under such |
circumstances IS matter for the jury |
to determine. Parties seeking a re ward |
must show a rendition of the services, |
after the knowledge of the reward had |
come>to them. The mere discontinance
of the publication was not an absolute |
withdrawal Of the reward.
= Inc jurors were out about an hour,
when they filed into court, and one of
them desired to know whether they
could find verdict for the plaintiff in
any sum less than the $500. They were
told that they might take into consid-
Grafton the S25 paid to one. of the plain
tiff's at the time of the discovery of the
body. They subsequently returned
with verdict for the plaintiff for $475.
THAT BATTERY CASE.
Salt Lake City VS.. Thomas Hanra-
han. This was an appeal from the
Justices court, wherein the defendant
had been convicted of battery and SEN
prisoned thirty days. Our readers
curing on Commercial Street some two |
years ago. The defendant and col
ored gent. by the name of Sylvester |
James had little dispute, and the row |
ended by Hanrahan picking up
an iron drill about two feet
in length and dealing James blow |
over the head. James fell to the earth, |
but soon arose and did not appear to |
be very badly injured. A gentleman of |
the same color as James is responsible |
for the statement that ut was a good |
thing James had kinky hair; if he had |
been white man, lie would surely |
have been killed" Owing to the fact
that the jury in the case named above |
we're suli out, 5y consent, the case went |
10 trial With the box but half full After |
being out for some time, they returned |
with the story That tnty were unable to |
agree, and they were discharged.
BIG CIVIL SUIT.
A big lCgal uattle is now on in the
Third District Court-in the civil suit |
Of Francis g. Thurston ct ell. VS.. Her
man Hill ct al The plaintiffs are re-
by q. S. Varian, Frank
Pierce and Sheeks d Rawllns, while on
the side Of tie defense are gathered
& Royle, w. Fl. Dickson and
G K. Gilchrist. The property involved |
is the estate of Moses Thurston, de-
ceased. 1t is situated on Main Street,
between Third and Fourth South
Streets, and consists of real estate and