Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-04-02

crime, and that II every ono Of them Is
not proven, beyond Reasonable doubt,
TIE jury should acquit. In this the
court charged the Jury that insanity
was au Affirmative defen.r, and TIA
The burden was on him ~ proving "
10y prrpoudorauce 1f the evidence.
lhis wa proper tnaemuch n tnr
homicide was ostahlIahcJ by the rrosu.
CutlDu without any evidence tending
TO prove inmnity. THE jury Wa also
chufEcI upuu tnv whole case
That the law presumed tuu
deiendnni innocent until proven
guilty beyond q 20 tuuuile doubt TIE
jury did not iiud that Tho KILLING WIS
malicious, but they must have be-
ligvCd that u was intentional and uu.
lawful la order 10 find the Defendant
guilty % voluntary granddaughter. The
charge 10 the jury ls worry long one,
nnd souie ~ iia Propositions were not
accurately stated, but when nll VI them
are considered together, we are Of the
opinion that u was substantially cot
rot. We found uD error iu the &C. ori.
The Judgment of tho court buluw 70
sustained.
Judge Anderson c,ucuffc \, while
Judge Blackburn die tntrd, with leave
10 lilea seuaratu upiuiou.
OutEH DECISIONS.
In the case Of Joseph Wan Va. Julia
Heueck, Involving the titlu IT, the west
malt Df the sJuthwest seventh Of zee.
ton n, township ., south oi range q
east, Sail Lake meridian, Judge Black
bum read the ul MON, which all Umui
the judgment Ol the court below 10
favor oi tie defendant.
Judge HluU real ihr opinion Ia tAt
ease o. The Idaho Forwarding company
ys. the fireman. Fund Insurance
company. fnr action was brought 10
/ recover the amount Of certain inHur.
auce pOlicirs aud theUnutt fellow 'uluu
Ia favor ot the plaintiff. The Juug.
munt was reversed aud the cause TO-
/ mauuui.
Ia the catc Of James Pratt W. IL. e..
/ Gilbert et VI, the 1rdsrOi the court uc.
low dismi.siug the appeal was reversed
and the cause reuigndeu.
Ia the case Oi Hardness, WymHu a
/ Go. W.. ). r. Mctlaln, the Judgment o..
/ the court below .n favor uf thc plain.
l tbs for the amount OF d prOmIsaOTy
note wns Affirmed.
In the ease oi J. w. Smith ". rhos.
Mcsvoy nnt A. y. Kendall, Ia which
the pllinuil obtained Judgment Tor the
amount ul n prJmigUry note, the
judgment Of the court below was
an fmrd.
In tue case of tho Collie PITTS Dug
company ". j. f.. Allen, the JUDGMENT
I Oi the court below uisuhalgiug an A..
/ tachment was sustained.
In tho old case OF G. =. Ellis W, ".
/ II. Porter aul a.. Bflslohvt, involving
the sum OF s25n.Ni, tue finding OF the
court below Ia favor OF tho plaintiff,
was affirmed.
In this case, In which the plaintiff
recovered per oual property, horscsaui
cattle, the Judgment Of tue court below
whs affirmed.
In the ease o; Arlenus HOLMAN W.
Pleasant Grove Ciiy, tho judgment Of
the court below In favor Of the plaintiff
was affirmed.
In thv case Of Frederick Turner W.
Sidney Stevens, ia which the plaintiff
recovered damages for the publication
of u llhelnus circular, the Judgment oi
the court below wa all rmrI.
In the case of Mary a. Long vs.. the
CitlzOns' Bank, % Ogden, Involving
/ $1,000, the Judgment OF the court below
In favor Of the defendant was at
/ iirmed.
In tho damage cases NJ Isaac ChiltOn
| administrator ~ tho estate ~ Joseph
shaw W.. tho Union Pacific Railway
/ Company, the Judgment OF the court
below Ia the plaiatii's favor for .sU0C
/ was affirmed. Notice Of an appeal "a
the Supreme Court OF the United State
Z was given.
In the case Of John White VI. the
| union Pacific, Ia which tho piaintifl
| mp, alrt from an order granting new
/ trial, the judgment was affirmed.
The Judgment " the court below In
the ease Of Charles II. Reed vs.. VIII
! lam Lowe, administrator, was re-
/ vcrsed. Tho action was brought f1l
| the specific performance Of y contract
| for the sale Of certain property, The
court below found for the plaintiff
q. a. BuTgon was admitted 10 prnc'
tito.
Inn CHubCH CASE.
Tho hearing upon the exceptions o.
tho defendants 10 the report OF Master
/ IN Chtncery Loo'bourtow,as to,the up
/ plicatiou ul the UsChtatcl Church tunl
/ went over TN the mex, court.
Judge John A. Marshall, attorney
for Receiver Lawrence, filed papV
asking for instructions al u the pay
ment OF taxes upon certain property.
The court then adjourned siae die.