Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-06
POWDER AND ALCOHOL!
A Peculiar Case Tried This Morning
In Judge lanes Court
Tue wHIrEM0RE MATTER con.
TINuED.
More Indictments by the Grand Jury
Admissions TO Citizenship
Court Notes, etc.

time. No fewer than nine attended
before Judge Zane yesterday, and this
morning three more names were added
10 the lis, on Clork McMillan's book.
Some amusement was afforded the
spectators In court IN one Instance, In
which ono OF the "supporterH" Of the
applicant fenced some u the questions
put TO him In quite an ingenious way.
lt was shown, however, that the moral
character Of the youthful applicant was
above suspicion, and he WIS declared
by the court to DO an acknowledged
American citizen. The newly admitted
are Oscar Fhckstead, n native Of Nor
way, now u Salt Lake; Frederick
Dosemus Christsnsen, n Dane, now Of
SEWER county; Christian Anderson,
also native Of Denmark, and now
residing ia SEWER county.
THE wuITENORE CASE.
In tho osse OF George q. whiiemorc,
the Nephi banker, charged with com.
hitting an assault upon Tom Leonard
while the latter was confined In the
county jail In connection with the
alleged gold brick swiudlc, Judge
Powers this morning, on behalf Of the
defendant Whitemorc, renewed his
application, ON affidavit, for n continu-
anoc, the object being, as already stated
In these columns, 10 SECURE the attend
ance u n very material witness.
u. !. Assistant District Attorney
nov Informed the court that he had no
counter affidavit 10 submit, aud after
some talk Judge Zane sanctioned a
continuance until Nov. Ord.
4 PECULIAR AFFAB.
A Jury having been empanelcd, the
trial Of Abraham Hunter Tor whom
Attorney 3. II. Lewis appearcd), on
tho charge Of assault with "A deadly
weapon with iu,ont 10 do bodily harm,
wis taken up.
The alleged oiiense took place on
Nov. 9Th, at kamas, Summit Co., where
the parties reside. The complainant,
whose name Ia Thomas Wolstenholme,
Is about twenty ycara of age, the de-
fcndant being about forty. The case
/ for the prosecution was that rs
| Wolstcnholme was riding ON horseback
along tho highway on the morning OF
the date named the defendant came
/ out OF his house, raised gun ut him
and ilrod, without previously saying n
word.
10 was elected 10 the oroas.examlnn-
| ton that the parties had been acquaint.
| ed for about a year before the occur.
renee, aud had never had any misuh-
defstandlng or exchanged hard words.
| When the defendant was he.
fore the Justice ut the prnllm.
mary hearing he said he romem bered
nothing about II. The ball did not
strike the complainant, but skimmed
along tho road aud "mAde a dast'
underneath the horse.
Mr.. Lewis TO complainantl-Whal
did you 10 when Mr.. Hunter nrodg
Witncss--l rode away, and did not
say anything 10 him.
Mt. Lewis-Now no you say that hc
shot Mt yous
Witnos IL don't know that lac meant
II for me. cannot sny whether ho
WIS intoxicated, but | should think he
wa.
Further cr0sa.oxamlnatlon failed "a
show that the defendant had any
motive whatever In firing at Wolsten,
holme. Two witnesses were called who
saw the SMOKE from the gun discharged
by Hunter, hut they did not see hin
ilrc. They had heard the defendant
say that hc had no recollection what
ever Of shooting ut the complainant,
aud that he had nothing at all against
him.
The complainant, on being recalled
by the prosecution and questioned
seemed 10 be- In some doubt rs Il
whether the shot WINS intended for him
There was fence, he said, between
where the dciondent stood and The
road. Several shots were fired Anel
wltnes, had got five hundred or six
hundred yards away, but he neither
saw smoke nor heard the whlzking OIL
the hall.
Mr.. Lewis submitted that there wa
no case 10 20 TO the Jury, there being
IN entire absence OF malice.
The Judgo-Lut thu defendant be-
sworn.
Hunter went upon the stand and his
eG PLANTATION Of the affair was that on
the occasion In question ho won't out Ia
shoot dog that was running around
hla premises, hnd after killing tho dog
he fired ut u magpio' In the tree,
He bud not tho slightest thought Ol
shooting at Wolstenholme, who he
supposed passed along ut the time, aud
bore no Wheeling towards him. Wit.
ness was pretty good shot, and had he
wanted 10 he could easily have struck
the complainant or his horse. He wa
rather "fulp at the time, having had
u drop too much alcohol beforehand.
The Judgo-iiow much alcohol had
you been drlnking2
Witness Well, three Of US hal
drunk quar-, between US. daughter
IN COURT
Attorney stephens said he was no
prepared 10 argue the case further ant
II went 10 the Jury, who without
moments hesitation acquitted the &c
cused.
Hunter was then placed upon his trla
ON u charg Of grand larceny. the sub
lect matter " the alleged theft being
heller. The difficulty here seems 4
, have arisen originally over u question
OF trading, and the case was In progress
at noon.
GENERAL business.
In the matter OF the American GA
Leather company W. the S.andar
Gig and Saddle company, ten day
q further time TO answer.
/. The grand Jury came Into court an
A reported four indictments found und,
!, the laws Of the Territory.
john Irvine VI. George II. Adkiu
I et al; demurrer u complaint Overrulel
: and ten days allowed q answer.
COUNT MOTIFS.
Is Judge Zane Is now running the bus