Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-07
THEY BOTH COLLAPSE.
100 Cases ia Judge Zsl5's Court
Pail Through.
JOHN LYNCH rs ACQUITTED.
The Court Holds There was No En-.
b,Ellemenl; II was a Pariner.
ship Transaction.

The cry f., "sull they comel' Three
more applicants for the privilege Of
becoming American citizens stood bc-
fore Judge Zane with their witnesses
upon the opening Of the Third District
court this morning, and the usual form
Of Interrogation was gone through
with satisfactory results To tho candi'
dates. Their names are. John Morton,
JL, native OF Scotland, now OF
Wasaich; Thomas II. q. Parks, an
Engllshman, now residing In Juab;
Enoch Burton, also native OF Eng
land, now Of Juab.
on TINE WRONG TRACK.
John A. Kirby, described as super
intehdcnt Of the Niagara Mining and
Smelling company, appeared for trial
In answer 10 an Indictment found by
the grand Jury, changing him with Oh
structing and injurlng 10 the extent Of
$50, the highway at Bingham, 10y
"wilfully and carclessly" allowing
water TO escape and run down thereon,
on November 10th, 1890.
The defendant was represented by
Judge Powers, Assistant District At
torney stephens appearing for the
prosecution.
1, was stated by Mr.. stephens that
the defendant, a. manager Of the COM
pany, had tho entire charge OF their
mill nj Bingham aud Of the disposition
OF the water there; that the water was
NJ directed that Il rau for a short dis.
lance along the lramway and thence
through n box fame. Failing over
upon the highway, however, this had
been W damaged rs 10 become In one
place almost impossible by teams aud
other convoynnccs. besides proving
great Inconvenience 10 pedestrians
travelling over tho road.
In tho outset Judge Powers took q
preliminary exception 10 the indlct-
mcnt, which he argued did not state
facts sufficient 10 conilliute public
chouse; but the objection was over
ruled.
The testimony ofthc Bingham road
supervisor and other witnesses Was
taken In support Of the prosecution,
but when the case had been partly In.
vcstigated It turned cut that defend
ant was not manager Of the company
nj all, but simply foreman, aud could
not therefore be held responsible Ia
this matter. II was also proved that
whom attention was directed 10 the al.
legged obstruction by the road super.
visor the company placed a culvert
underneath the highway 10 carry OIL
the water running from the mill. The
indictment was f0undsOmo limo subse.
quent To this.
The Judge pointed out that n any
one was liable Il would have been ,hs
company Itself, and directed the Jury
TO return verdict OF not guilty, which
they at once did.
His honor hlnted that cases OF this
kind should be thoroughly considered
before proceedings were Instituted, "a
much Of the couft'a tlmo would DO
saved thereby.
MI. Stephens said he wished the
county attorney N be present at the
trial ~ this case, but that official had
intlmated that ho was too busily en-
gagged 10 attend unless specially To-
quirod TO DO no.
IT FALi.s n THE GROUND.
John Lynch Yves next placed upon
his trial on u charge of embezzling the
sum Of $1,000, while acting as the agent
Of one J. 4. DE Woodey.
Mr.. Bowman appeared for tho de.
Tense; the prosecution was handled by
Assistant District Attorney stephens
and Attorney Denuey.
Tho facts Of the case have already
been fully stated IN the columns Of thu
NEWS. They aru briefly these! Tho
defendant Lynch entered Into con.
tract with Mr.. Ben WhittemOro,
amounting 10 about 1000, TO do Ger.
tain plasteflng work on the building Of
hla new hotel near the Union Pacific
depot, but finding himself afterwards
unable 10 carry out the undertaking
| from lack VI means, he assigned the
contract 10 Mr.. DeWoodey. By virtue
Of that assignment MIR. DeWo0dey was
10 pay all bills for materials, etc., and
collect all mOueyn due, the UNDER
standing being that n there remained
any profits on the completion OF the Job,
they were 10 be divided equally
| between them. ono Saturday after
noon Ia May inst Lynch told Mr. Do.
Woodey that no would so 10 Mr..
WhltemOro and get 1000 from
| him on account for tho payment
/ Of certain materials. lie did 40, Oh.
tanned check from Mr. Whlttemoro
for the amount, went to the bank,
cashed II and then took the next train
| for Wichita, Kansas. Having been
located and learning that proceedings
were being instituted against him, the
accused voluntarily returned few
! days later and surrendered himself.
Mr.. DuWo0dey having given his ties.
| tlmOny In support Of the main facts
above narrated, Judge Zane pointed
out that unless the prosecution had
something more to show, the case
against the defendant could not be
sustained. Upon the face OF II, this
was clearly partnership Transaction.
The prosecution were not prepared
TO carry their case further, aud on the
matter being admitted TO the Jury,
they at once gave u verdict OF not
guilty.
OTHER MATTERS.
United States w. David =. Murray;
defendant was Arraigned and pleaded
not guilty.
IN the case of Jacob &. Hansen VI.
James i. Olson 1t al., default was
entered, n decree granted aud 800
attorneys fee allowed.
j. T.. Morston 81 al. vs.. George w.
| Farmer; on motion Of Attorney
| Winters, for the plaintiff, the defend
/ ant was released rom order OF arrest.
The peuplo vs.. John Corbett; selling