Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-09
COLORED MEMS JEALOUSY.
RITals Disagree And a Revolver Is
Drawn By One Of Them.
RUFUS SMITH AND HIS ATTORNEY.
TIE Hearing of inr Writ Of Ceriiorari
Against the city Council
Again Postponed.
RUFUS SMITH AND HIS ATTORNEY.


Judge Zane disposed Of a good dea
u business this morning, the earle
portion Of which, Ne will be seen b!
the proceedings reported below, con
sisted of applications by counsel OF
various matters.
THAT WHIT " CFRrIoRAm.
In tho casc OF Hiram johnson vs.
the City Council Of salt Lake, whiol
was continued from Friday last unit
ismorfow, q. ). District Attorney
Variau stated that he would have 10 b,
away tomorrow, ani would therefor,
like tho matter further continued until
Monday next. lie presumed hi.
honor would not object 10 hear the az.
gumcnts on that day II other bushes.
permitted.
Judge Zane remarked that the eass
had been sct down for hearing before
Judge Anderson, who expected 10 re-.
turn from Beaver towards tho latter
part OF next week, and suggested that
the matter might go sSer until then.
Mr varlan was anxious TO have the
case settled as soon n possible.
Judge Zane said tina. n might DO set
down, as desired, for Monday, and II
II could not then be heard q farther
pOstponemont might DO had.
M WANTS A PRIVATE CHAT.
Judge Powers said ho would like 10
obtain an order from the court 10
bring down from the penitentiary to-
morrow Ruius Smith, whose trial
ON charge " numbering u
comrade AT Fort Douglas had
been fixed for next Tuesday. His
reason for making this application was
that there was no accommodation at
the penlientiary by which prisoner
and his attorney could converse
privately together. The parties were
constantly under surveillance, 10 10
speak, AMI no thought that IN case Of
this Kind, lnvolylnga mans life, couu.
eel and client should have every
facility for quiet consultation. II smith
were brought down here, this could be-
secured.
Judge Zine--I do not rec why there
should not DO n room Tor private con.
sultallon at the pcnitentiary ~ well rs
here.
Judge powers-rho parties have to
20 Into the library room, where people
arc constantly going In and out. I
would not make this application " 10
weio only an ordinary ease. We Will
pay the mnfahal'- fees In the matter,
30 that thu government shall not he put
10 my expense.
Judge Z,no-.t will make no order
about 10. have refused a number OF
applications Of this kind before.
II CANE AFJER ALI.
la the ease OF VIM. Hin, whose
bonds were yesterday declared forfeited
owing 10 the non.surfender OF tho dc.
fcndant when called TOT trial, Assistant
District Attorney stephens this morn
Ink inform. the Court that Hill ar
rived here SOME time In the afternoon.
ready Tor trial. He was now present
aud wished 10 make an explanation.
Judge ZanV-1hen let him iils an
AFFIDAVIT.
KrigM sEERs A SEw TRIAL.
Assistant District Attorney stephens
applied that thB motion fot new trial
Ia the east % Albert Kern (who wus
originally named 70 come up for sen.
tencc this morning on a charge OF rob
hcry) be- continued until Monday next.
The grounds upon which the motion
was based were that the papers
were only served upon him
yesterday, ut noon, aud he had not yet
hal time TO satisfy himself as to
whether or not he should oppose the
motion OF the defendants council.
~ a LITTLE DILEMMA.
David Fitzgerald had been boohod 10
take his Trial this morning ON "a charge
Of criminally a-saulting an old woman
named Anna Hansen, In room
attached 10 the Cactus saloon, In
February last, but Judge Powers now
asked thnt tho cnAe be continued, on
the ground that he had been unable ~
secure on affidavit the testimony Of n
witness, most important 10 the accused,
named John Boyle. Counsel stated
that Boyle having been located, alter
eomo difficulty, At Sallda, Cal,
arrangements were made that Mr.
Hlggin, most reliable attorney Of
that place, take his testimony. But
Boyle refused to have his dpposltlOns
taken, although admitting that what
he could say would DO favorable to
the accused; aud counsel asked
therefore for continuance 40 that a
commission might be- issued 10 take
his evidence.
Mr.. stephens was willing for tho case
TO be continued I'LL November ard, but
did not want II TO 20 over for the term.
Judge Powers did not ask that; aud
Judge Zano granted continuance
until the date ramed.
a CASE or TEMpoRARY DEMEsrIA.
Attorney Watrous asked for a stay Of
proceedings In the case Of the People
W. Jshn Corbctt Charged with sell.
ing liquor on Sunday }, who It appears
Is nj present In the hospital suffering
from temporary dementia. Fifteen
days were allowed.
ADMITTED TO CITIZENSHIP.
John n. Nelson, "a native Of Nor.
way, and now Of Sanpelc, was admit.
ted to citizenship,
oESERAL ORDERS.
Godhe, Pitts Drug Go. Va. Joel +.
Allen ct al, on motion TO dissolve at.
tachment, tve days. stay allowed 10
appeal.
John Taylor ct al. Va. Joel +. Allen
81 al; motion 10 dissolve attachment
allowed; i've days' stay GRANTED.
John j. Turner VI. Heylor Rock Co..
motion 10 Vacate order dissolving Mt.
tschment overruled.
George r. Mcliibben Va. NJ. T.. Fox,
executor. same order; stay granted
till Dec. lsi, 10 perfect appeal
john Shckley W.. A. II, Bemls. IN
this matter, In the proceedings SUP
elemental 10 execution, Attorney
Joseph Lippnan WIS appointed Teiere,