The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-29
THE FIRST DISTRICT.
The Court PRESIDED Over by Judge
Blackburn
AT PROVO IS STILL GRINDING.
In the Grimaldi Case tie Jury Find Verdict
Of Guilty-The Wallace
Case.

arrest of judgment Jared similarly, and the
defendant was fined so and costs. Ter
days were allowed to perfect an appeal.
Lars Erickson, decrepit and consump
tive old man, came forward for sentence
and was fined So
Susan Baum VS.. John Baum, demurrer ia
complaint sustained and leave given &c
amend.
Thomas c. Stephenson, for unlawful CO
habitation, was sentenced tn six months
and costs.
In the Wright murder case, bonds on APP
peal were fixed at 81, COO.
Kate McNeal VS.. B. w briggs, ir.; de-
PENDANT allowed till November 10 to an
swer.
The italian murderer, Granada, is being
tried this afternoon for assault with intent
TO commit murder. This is for the attack
he made upon the officers at the time the
arrest was made.
TIE GRIMALDl CASE.
The motion made by Mr. kellogg Satur-
day afternoon in behalf of his client,
Grimaldi, for verdict in favor of defend
ant on the ground of fatal variance be-
tween the indictment and the proof, was
further argued. The point made by the
defense is that the indictment does not
show either that the defendant was a
criminal fleeing from justice or that the
persons assaulted were officers in the legal
discharge of their duty. The proof on the
other hand goes to show both these facts,
which the defense claims is incompetent.
The motion was finally overruled and de-
PENDANT took the stand and gave the details
of the arrest about as he related them on
his former trial for murder The jury re-
tired with the case at about II 80, and at
once the case of
THE PEOPLE VS.. GEORGE A. WALLACE,
charged with grand larceny alleged to have
been committed in WasaJch county last
November was taken up. Defendant is
represented by Messrs. w. H. Dickson and
Frank Pierce, of the metropolis, while Mr..
Evans prosecutes
At 1 80 the honorable district court re
sumed session. The jury III the Granada
case rendered verdict of guilty of an as
sault with intent to commit bodily harm.
The Wallace case continued:
Isaac Baum testihed-I live at Hebcr city.
Was there November last l owned some cattle
at that time. l was the owner II red oln
steer that was missing from my place. 1t was
branded with an OK yoke staple. l saw the
steer alive in September. 1t was ranging in
Bench creek. | learned the steer was gone
with three others. went to TaylorSville, Salt
Lake county. went TO the house of the father
Of defendant. l enQuired whether any stock
had been killed there. They said yes and they
had sold the hide. found the hide in Wallace'S
granary. It was in the loft. | took IL out ana
sheared 1t and then l found my brand on il.
There wtre leaves ami manure on the hide. l
had a conversation BfJer his examination with
the defendant. This was last March at Heber.
he offered TO pay NE for the steer. 1 wouldn't
accept anything, but afterward 1 got another
steer in place OF 1t.
To Mr.. Dicksol-I got the steer in place Of
mine about three weeks ago. As far as l was
concerned was satisfied with that. There was
no promise not to prosecute or anything of that
kind. Defendant told me he had killed the steer
by mistake and promised to pay me for it. There
we're four head missing at the time. 1 made no
search for them then. am not sure whether
the animal was in Wasatch or Summit counties
When 1 first went to Wallace's he denied that
steer had been killed He said they had killed
stag. Defendant was not there at this time.
He has denied killing the steer. He has always
claimed it was mistake.
Joseph Neibram-I live in Bench Creek,
Wasatch county. have seen the steer in ques-
ton. 1 first saw it in Salt Lake county. We
we're driving them along. was working for de-
PENDANT and his brothers. We were driving
about Two hundred head. We drove them into
Salt Lake valley. Our stock got scattered by
the dairy. l noticed the steer there because II
was sulky and didn't want to CO. 1t was in
pretty good flesh. At Taylorville it was kept in
the herd a few days and then killed. Defendant
had been delivering the cattle he had on shares.
Defendants brothers butchered the calf De-
fendant was there. Cy. wallace asked where
n6 got the steer. He answered he got it in n
trade The meat was taken in the granary and
the hide was thrown down. Defendant and
drove Inc call uD from the pasture.
Cross-examined-I never observed n brand on
the steer at all L saw the steer that defendant
had bought. 1t reSembled the one killed some.
They were both red-rOan steers But person
acquainted with them could tell the difference.
II is nothing unusual TO get StrayS in 4 herd.
Mr.. Wallace took five head of Str3yS back after
We had brought the herd down. There was no
effort to conceal anything when the calf was
killed.
Redirect saw the steer defendant claimed
to have bought. BE drove it into the herd. 1t
was some smaller than the one killed. | heard
them say this one was lost on the way. could
readily tell the difference. One was conside
ably larger than the other.
John Larson-I was at Bench creek last No
vember know the red steer. / first saw him
on the bench. II ran around there nearly all
summer 1 afterward saw them driving II
near Woodland. could see the brand twenty
five or thirty yards. Mr.. Wallace and two 9th
ers were driving the steer The steer was about
eighteen months old.
To Mr. Dickson-I am eighteen years old.
When met defendant driving Bauu'S steer ]
didn't say anything TO him about the steer be-
cause didn't know but what he was herding
the steer.
To MT. Evaus-The calf defendent bought of
Humboldt was branded B on the left thigh.
This steer didn't look anything like Baum's
steer, the latter was so much larger.
John Richardson know defendant. 1 saw
him last November in Woodland. He stayed at
my place when they were gathering stock. 1
went TO Salt Lake with them. l noticed the
Baum steer. II was branded on the left ribs,
4
steer skinned at Taylorvile. When Wallace
came back TO my place after 1t was killed he
told me that If he knew the man who claimed
the steer he would go and see him.
To Mr.. DickSon-He said he thought the calf
he killed was steer he got in horse trade.
Judge J. D. JoneS-I am acquainted with the |
county in and around Bench Creek. Bench |
Creek is in Wasatch county. II is part Of
Woodland. The residents Of Woodland vote in |
Wasatch county. They do not vote in Summit |
county 1 don't know anything about it except |
what have been told. 1t is the general under |
standing there Mr.. Dickson fired at this wit |
ness heavy trying to get Woodland into Summit |
county but witness maintained otherwise
Mr. Pickup knew nothing about the case and
was excused.
The prosecution rested
Moses Il. Porter was the first witness for
the defense. live in Salt Lake county. /
am farmer. ! know the defendant, and
have known him eleven years. His general
regulation for honesty is good.
Several witnesses were put upon the |
stand on the same question, and all pro |
nounced the reputation of defendant as
good
Are you weak and weary, oyerworked |
and tired? Hoods sarsaparilla is Just the |