The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-18
FOR Ills WIFES SAKE
The Case Against an Alleged
Thief is Continued.
MAGGIE SLOAN WANTS A DIVORCE
The Seal Robbery Case Goes Over on Ac.
count of the Illness OF g Juror
Probate Court Piekings.


Daniel and E. T. Johnson, charged with
Pacific at Echo, was set for trial in the
Third district court yesterday, but when
court opened Judge Powers, the defend
ants attorney, moved for a continuance,
stating that the wife of one of the defend
ants was i'll and in very critical condition,
requiring the constant attention Of her
husband. The motion was allowed.
HE WAS NOT GUILTY.
The trial of Frank Kinney on the charge
of grand larceny was then resumed. The
prosecution offered some dispositions of
witnesses, which were taken at the police
court after the preliminary hearing. They
were ruled out because they were not
properly certified.
Officer w. Fl. Poole was then called and
he testified that he was informed of a man
named Mehan being robbed at Hagney's.
!, He afterwards arrested the defendant and
Frank Howard and found a $40 gold piece
and two silver dollars on the defendant.
Frank Howard was then called, and Mr..
Hurd objected to his testifying because he
was a co-defendant. He was allowed to
testify, but was instructed that he need
not answer any questions which might
tend to oriminate himself. He gave no
testimony Of any importance, and Prose
cutor Zane consented to a verdict of not
guilty being returned.
aaThe case against Howard was continued
for the term on motion of MIR. Zane, who
stated that there was likelihood of obtain
ing additional witnesses from Colorado.
DID THEY ROB SEALS?
The case of John Connors, charged with
robbery was called up. The indictment
charged the defendant with robbing Mark
Seals in this city on January 10 last. Mr..
Hamilton asked for continuance on the
ground that several witnesses for the de-
tense were absent.
Mr.. Zane-What will they testify to?
MIR. Hamilton-To the previous good
character of the defendant, and thai he
had considerable money of his own st the
time of the alleged robbery.
MIR. Zane-Wen, we will admit that.
This, Of course, forced the case to trial
at once, and a jury was called.
Mark Seal testified: On the evening of
January 10, was at the Gaiety saloon, and
saw the defendant there with a man
known as Liverpool. l went over to the
rear Of the saloon during the evening. and
this man Connors struck me over the head
with something and knocked me down
Then he and Liverpool went through my
pockets and robbed me of SIS. / was con-
, siderably under the influence Of liquor at
the time.
Arthur Wild, barKeeper at the Gaiety,
testified: On the night of this occurrence
. saw both Seal and Connors in the saloon.
Seal was SO drunk that l refused to let him
have anything more to drink. 1 did not see
either of them go out, but saw Seal come
in from the rear, saying he had been robbed.
Carl Torp testified that he was at the sa-
loon on the night in question and saw Seal
60 out. He was followed out by Connors
and Liverpool
Ed Sandberg, a newsboy, testified:
know Connors About month before this
occurrence loaned him a quarter. On the
night in question l was at the Rio Grande
depot waiting for train, when saw Con-
nors and Liverpool. They were talking
about divvy and I heard Liverpool tell
Connors to give him what he thought was
square. They had about sl3 in silver.
The prosecution rested aud the defense
recalled MIR. Seals, who testified that the
money taken from him was $40 gold piece
aud s. in silver.
Ed Norton testified that the defendant
was IN his saloon between s and 9 o'clock
on the night of the robbery.
James Ivers and John Judge, Of Park
City, testified that so far as they knew, the
defendants reputation for honesty was
good.
Upon reassembling in the afternoon,
Juror Dunbar was not present and upon
INJURY i was ItdIESQ budb ne udu DtDU
taken sick during the noon recess and
would not be able to attend, so the trial was
continued until this morning at 10.
ANOTHER ONE ESCAPES.
The case of d. G. johnson, charged with
assisting a prisoner to escape, was then
taken up, MIR. Zane prosecuting and George
w. Finch defending.
The indictment alleged that on January
90 last, the defendant assisted one E. S.
Ford a prisoner confined in the county jail
at Coalvllle, on the charge of grand larceny,
to escape.
The evidence was strongly against the
defendant, but MIR Finch made gallant
fight and succeeded in getting verdict of
not guilty.
WAS ENGAGED TO HIM.
The case of J. H. Morton, charged with
HOUSEKEEPING, was next called for trial,
Winters & Kinney appearing for the de-
fendaDL The indictment charged that on
February last the defendant entered the
residence of Mary A. Smiley and took GER
tain letters and papers of the value of $500.
Mary A. Smiley testified that on the day
mentioned, certain letters and receipts
were taken from her rooms. Some time
afterwards, at the residence of Mrs. De
Witt, and in the presense of Colonel Will
iiams, the defendant admitted to the wit
ness that he had taken the papers, and had
a purpose in so doing. She valued the
papers taken at about 800. She was at
one time engaged to be married to Morton,
The case will come up again this morning.
THE DEFENDANT is ILL.
The case of Stephen Hunter, charged
with grand larceny and assault with a
deadly weapon, was continued. on account
of the illness of the defendant
COUNSEL APPOINTED.
e. H. Morton, charged with assisting a
prisoner to escape, was arraigned and Mr..
Fitch was appointed TO defend.
JUDGMENT RENDERED.
In the case of W. G. Riley ct al. VS.. B. w.
briggs ct al. Judgment was rendered for
the plaintiffs for 81 ,o36.40.
OTHER BUSINESS.
In the case of William Ditchfeld VS.,
Thomas Bircumshaw ct al. Judgment was
ordered for the plaintiff for $llS.33 and
S1l0 for attorneys fees.
f, In the case of Castango vs. Riepen, the
defendant was allowed ten days to answer.
In the case of J. j. Gushing vs. John
Beck, leave was granted to file an amended
complaint.
In the case of John Donohue VS.. John
Everill; stay of ten days was allowed.
HE WAS ENTERPRISING.