The Dispatch. [volume] (Provo City, Utah) 1891-1895, 1891-04-22
BEFORE JUDGE BLACKBURN
Levi Durham Sentenced TO One
Months I'm Imprisonment.
The Grand Jury Ignores the
Indictment Against Thos.
LerwiII, of Mona.
Sunday Whisky Sellers at
Clear Creek Sent TO
the Pen.

Levi S. Durham, for resisting an
officer, was sentenced to one months
imprisonment and $50 and costs.
The case Of the People VS.. Harvey
Warner ct al, was called and a jury
impaneled.
In this case defendants are charged
with burglary, alleged to have been
committed on May 80, 1890, in Millard
county, Utah, in which the store of
John Kelly was entered.
Mr.. Zane prosecuted and W. H.
King defended.
After evidence for the prosecution
had been produced, Mr.. King asked
His Honor to instruct the jury to re-
turn verdict of not guilty, The jury
was instructed accordingly.
The grand jury came into court and
reported three indictments.
The case of the People vs.. James A.
Fitzgerald was called and a jury i'm
pane'ed. Jno. NJ. Zane prosecuted
and A. G. Sutherland defended. De-
! PENDANT is indicted for assault on the
person of VIM. Bennett, alleged to
have been committed February IL,
1891.
VIM. Bennett was the first witness
called, and testified: l liye in Provo:
[ know defendant; L had some diff
Guilty with him on February II, 1891:
L met him that day between H and |
streets; tried to get past him, but he
came after me; asked him what he
wanted; he called me a S of b,
and pulled my hand back as if to
strike him; he pulled gun and said,
You s. of b I'll plug you,
Eve been waiting for you long time. .
To Mr.. Sutherland: L am in the
liquor business; used to be deputy
U. S. marshal witness then repeated
the statement he made to Mr.. Zane).
T. Singleton: | live in Provo; l saw
the difficulty with Bennett and Fitz.
gerald; they were standing in front OF
Harrison saloon; heard Fitzgerald
talking loudly; did not see a pistol
heard Fitzgerald call Bennett a s.
of a b; did not hear Bennett make
any reply.
The grand jury here came in and re.
ported having ignored the case of the
q. S. VS.. Thomas Lerwill, unlawful
cohabltatlon.
They also submitted the following
report:
The Hon. Judge Blackburn:
We, the grand jury in and for the
First Judicial District, respectfully
submit the following report Tor YOU
considerations:
We have been in session twenty two
days, having spent sixteen days in the
discharge of United States bushes:
and six days III Territorial business.
We have heard eighty-four cases
fOrty-two cases of which were United
States cases. OF these twenty indict
ments we're found and drawn, nineteeI
cases ignored and three resubmitted tt
the next grand jury. The remaining
forty two cases were Territorial cases
Of which tWenty-four indictments were
found and drawn, nineteen cases ig
nored and one resubmitted to the mex
grand jury.
The Territorial Insane Asylum wa!
inspected and found to be in good con
dition, but somewhat crowded.
The county Jail of Utah county was
visited and also found in good cOndl
ZION. Credit is surely due the officer,
in charge Of the above mentioned in
stitutIOns for the efficient manner il
which their respective institutions are
managed.
The Provo City jail was visited anC
found to be entirely unfit for the uses
to which it is put, and it is the candid
opinion Of the grand jury that il
would be hard to conceive place bet
ter calculated to breed disease than
the Provo City Jail.
1t is an evident fact that the City
Marshal can in no WAY be held respon.
sible tOr the condition of the place as il
is now constructed, and we would
hereby recommend ami request thai
the Provo City Council, out of respect
for common humanity, at once take
such steps as will be necessary tC
make said institution such place as
it should be.
The grand jury further recommend
f., that the Provo City Council enforce
the ordinance in reference to the keep.
ing clean of corralS and the burying OF
dead animals within the city limits.
BY investigation it is found that
dead animals are being left at the foot
of the mountains eastSsof Provo, in
such manner that the prevailing
winds carry offensive doors to the Ter
ritorial Insane Asylum, greatly to the
annoyance of the officers and inmates
thereof, and we recommend that action
be taken by the proper authority and
the nuisance removed.
Many cases are referred to the grand
jury 10y justices of the peace, that
could easily be disposed of in the
justice s court and thereby avoid UNI
necessary expense upon the territory
where there is no cause for action.
In the case entitled the People vs..
| Morgan Moore ct al, eight witnesses
appeared before us from Orangevllle,
! Emery county, and upon investigation
we found no possible grounds for in
dictment and the case was ignored.
! The witness fees and mileage
amounted to about $3.50 and we would
respectfully suggest that the justices
of the peace in the district investigate
the details. of a case more thoroughly
before sending the same before the
grand jury, and thereby often save