The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-25
SAM REGGLECINCHED
GaiSford, the Stabber, Gets $75
and Costs.
BARR AND SHE'LL BOTH GO FREE.
Sim Duggins Escapes and Lively Spat Fol-
lows-The Struggle for Jury in the Ray
mond Murder Case Now Going On.


was convicted on Monday of keeping a
gambling house, appeared in the Third dis
trict court yesterday morning for sentence.
Judge Zane said he would impose fine of |
$3.50 and costs Notice of an appeal was |
given.
GAISFoRD, THE STABBER.
David Gaisford, the young man who was |
convicted on Friday of an assault upon |
Ephraim Madison, then came forward for |
sentence.
His attorney, Judge Burris, called the
courts attention to the fact that there was
great deal of contradiction in the testi-
mony as to the assault committed by the
defendant, and it was pretty clearly shown
that Madison assaulted Gaisford. The de-
PENDANT was young man who had always
born good character. He had wife and
young babe, AND Judge Burris appealed
TO the court TO impose the lightest sentence.
Judge Zane said it was clearly shown IN
the trial that Madison was stabbed in the
arm, and the jury was warranted in finding
the defendant guilty. 1t was shown that
both Gaisford and Madison were intoxicated
at the time of the occurrence. In view of
all the facts, he would impose a fine of SIS
and costs.
VERDICT OF NOT GUILTY.
The argument in the case Of George ID.
Shell, charged with embezzling a note of
j. 7. Gilmer's for 5000 from Maroni VIII
lams some two years ago, was then re-
sumed. After the jury had been sworn on
Monday night, the defense interposed
motion to quash the Indictment. Accord
ing to the opening statement of the prose
cuton, Williams got Shell and George
Barr to find someone who would advance
$500 on the note named. This they did and
the money was paid. The note was gen
orally Endorsed, and Mr.. Dickson urged
that the title thus passed to the defendants,
and they could not embezzle property to
which they held the legal title.
MIR. Varian answered this argument
yesterday morning. He claimed that while
the title was in the holders of the note yet
there was an agreement between them and
Mr.. Williams to hold the note as security
for the payment of $500, so that il, in the
meantime, they appropriated the note,
they would be guilty of embezzlement
Mr.. Dickson insisted that the case could
not be brought within the statute
Judge Zane said that the note was
delivered to Barr and Shell as security al
though nothing was said as TO the title.
The question was whether the de-
livery of the note, under the CIR
cumssances stated, passed the legal
title to the defendants. The court
was of the opinion that the legal title did
pass. The next question was, did it consti-
tute crime, under the statute, to dispose
of the note. He was of the opinion that
this was something more than a bailment.
The court sustained the objection and the
jury, under Instructions, returned verdict
of not guilty.
Mr.. Varian entered a motion to re-submit
the second count of the indictment, and the
defense entered their objection.
THE WALKER RAPE CASE.
ooea ~ WTolto. JN,ll,ar ob,,,o9 49,. I,
an assault with intent to rape, was then
taken up, Mr.. Critchlow prosecuting and
9. o. Whittemore defending. The indict-
ment alleged that the offense was commit
ted on August /, 1890, upon Louise Walker,
his own daughter, at Peoa, Summit county.
The court room was cleared and the trial
was proceeded with, Louise Walker being
the first witness called. She testified that
she was the daughter of the defendant. She
positively denied that her father had ever
committed the ofense charged.
Mr.. Critchlow said the failure of proof
was surprise to him.
Judge Zane suggested that the only thing
to be done was to instruct the jury to re-
turn verdict of not guilty, which was
lone, and the defendant was discharged.
REGGLE's FINE REDUCED.
In the afternoon Arthur Brown, attorney
fur Sam Reggie, called the courts atten
ton to an error in the section of the law as
It appears in the compiled laws, under
which Reggie was sentenced.
43S2-The section reads as follows: ''EX
cept in cases where different punishment
Is prescribed by this code, every offense de
clared to be a mlsdemeanor is punishable
by Imprisonment in the county Jail not ex-
ceeding six months; or by fine in any
sum not less than $500, or by both.
The law should read that such offenst
may be punished by imprisonment and by
fine in any sum less than $500. The wore
-'notr was an error in printing, as the sec
ton reads man might be fined a million
dollars
Judge Zane reduced the amount of tn,
fine to 500.
pUGGINs IS NOT GUILTY.
The case of Jim M. DuggIns, charged
with adultery, was then taken up. Mr.
Dickson defending and Mr.. Critchlop
prosecuting. The Indictment alleged tina
the otfense was committed in the Whit
house, III this city, on October 30 last witt
Louise Oldfeld.
George Crookston was the first witnes
called. He testified reside at American
Fork, and am acquainted with Louise Old
field, who also resides at American Fork
She is unmarried. / saw the defendan
and Miss Oldfield together several times a
American Fork last fail. She left HON,
last fall.
Deputy Marshal Monahan testiied-I re
side at Provo and am acquainted with jim
Duggins. He is q married man. In tn
latter part of October last | saw him an,
Miss Oldfield coming to this city on tn
train. / saw them at the door of the Whit
house at il o'clock that night Later on
went to Mr.. Duggins' room wit
Deputy Marshal Doyle. who wok
the defendant up and told hir
he had a warrant for his arrest w
then entered and found Mr.. Duggins in hi
night clothes. His room opened int
another, which was occupied by Miss Ole
field. We woke her up, and after she ha
dressed she let US in. The bed in Nh
Duggins' room had been occupied.
Orlando Fay testified that in October las
he was night clerk at the White house. o
the night in question the defendant an
Miss Oldfield took separate rooms at tn
White house. There was door commun
eating between the two rooms, as was tn
case in all the rooms on that floor.
Mr.. Critchlow stated that the only othe
witness for the prosecution was Deput
Marshal Doyle. and as he was too i'll TO a
tend. he would close.
Judge Zane-Well, / don't suppose 70
will claim that there is sufficient evidenC
on which to claim conviction!
Mr.. Critchlow-I suppose not.
Judge Zane-The jury will return yer
dict of not guilty.
Mr.. Dickson would suggest that It WE
n very reckless piece of work for the gran
Jury to indict on such testimony.
Mr.. Varian (sarcastically) We'll, yo
mad better cite the grand jury.
MIR. Dickson repeat that it is reel