Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-07-19
Third District Court.
Yesterday afternoon the following
motion, made by Mr.. Tarian. was
granied by Judge Iane:

{ Yesterday afternoon the following
motion, made by Mr.. Varian, W.,
granted by Judge Zane:
In the DiS,ric; Court Tor the Thir,
Judicial District. Territory OF Utah
The People OF the Territory. plaintiff,
vs.. Elias A.Smith, Francis Armstrong
Elijah NJ Weller and Samuel Bennion.
/ defendants.
Now comes {. :. Narian. Es4..
4 United States Attorney for Ctah. VINO
IN this behalf p~oseccte.h and rcpre-
& senis 10 the rog-t that the indictments
/ above mentioned were found and pre-
seated against the defendants above
named on the li:h day u December.
i-sg. and charged the said defouieu:s
with cOnspiriuE in their official ca-
pariiy IS members Of the court Of salt
Lake County, la the Territory Of
Utah % dcflud the said county Of
salt lake and the treasury thereof
by procuring and causing 10 he drawn
certain warrants IN favor OF the de-
PENDANT. Elias 4. Smith. Tor the nay
utent Of certain moneys out Of the
treasury q said county for alleged
services As superintendent Il county
affairs, that the substance Of the mat
ter out OF which the indictments -reg.
was the attempted creation Of an al
legged office designated Is superin-
tendent Of county affairs. aud the APP
puiniment Off said smith, til. pro
hate Judge Of said county. as the in
cumbent of said office. And il is
further represented that continuously
and for many years last past the vari-
Gus county courts OF the said county
had claimed and exercised such right
IN the premises, and the several
judges Of probate had accepted thee
lices 50 created and the salary apprO-
pri1ied therefor. And II is further repre-
scented that until tine presenting. Of the
indictments herein. ss the said dis
trio: attorney Is ADVISED and believes
no question OF wrOng-dOiug or crifni-
nal intent on the part OF the officers
has ever been made. and il j. no. he
Geycd that the criminal intention Nee
essiry 10 warrant conviction existed
in ei-ncT Or the cases That the Sal
preme Court Of the Territory has de-
uided thst the County Court has no
power 10 act as afOreaId. and there is
no question that in the future the law
AZ announced 10y said court viii be
obeyei.
For the reason stated. and believing
that she civil remedy fer the recovery
OF the moneys unlawfully paid : the
only one properly open 20 the PEOPLE
he said attorney moves the CONT .ai.L
the said indictments be dismi--ei.
CUNEIE~ :. EEEIAN.
United States Attorney. Utah.
Today the following business was
transacted:
John Potter applied for admission
to citizenship, bu; was rejected lie
cause ne was a member ~ the
Mormon" Church.
Annie Dyer was granted a di-
voTce from WIN. & Dyer. ON the
ground uf cruelty. She was allowed
the homestead for the residence Of
herself and children.
Alfred hearl Is. Ellen =. Kearl:
default set aside. and answer al
lowed to be filed 10y Monday. July2I.
Agnes Lynch ". VIM. Lynch:
submitted upon report OF referee.
Marian Z. Mitchell was granted /
q divorce from Marx Mitchell, on
the ground Of desertiOn.
The case OF John Flowers ".
Eliza Mofatt was taken up this
afternoon for triai.
Judge Anderson today granted (.
Lucy r. Tuck a divorce from john
Tuck. on the grounds Of drunken l
ness, GeseEiion and failure to rro-
vide.
In the matter OF the estate Of I
Mary l.. Whitney. Horace J.
Whitney was appointed guardian Of /.
the minors.