Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-10-03

ulct Court the Yrand jury iOund an
Indictment against the Salt Lake
Brewing Company for maintain
Ing n nuisance at their brewery,
situate at the corner u Tenth East
and Filth South streets. When
the case was called up for trial the
defendants pleaded guilty, but asked
through their attorney (w. G. Hall
that Judgment be suspended, 10 enable
them to remedy the evil complained
Of The request was granted.
This morning, upon the opening OF
court, Assistant District Attorney
stephens remarked that tho case had
been continued from time TO time, aud
said he had notified the d0fcndnDis'
attorney that he would call It up this
forenoon, with view OF having Judg.
ment pronounced. II his Honor de-
sired TO hesr any further evidence he
would cal several witnesses. He could,
however, II necessary, state briefly
what they had to toll.
Requested by Judge Zane TO make a
statement, Mr. Stephens said the testi.
mony Of DIR. Beattie, the health
officer, anu other persons was 10
thu effect That the condition Of the
pipes carrying the refuse from the
brewery was lupt about the same now
rs before, though there was not such
stencil az during last year. Whenever
the pipes had broken since the case
last came up tho company had been
more prompt In repairing them. The
health officer had requested him TO
bring the present condition OF things
before tho notice OF the grand Jury.
Mr.. Moritz, the manager Of tue brew.
cry, was present and said that during
the last month the pipes had not broken
at all.
Attorney Hall said these wooden
pipes were put IN by tho CITY Council
nj the expense OF the dcicndants,t to tho
tune OF about $1,000. 5The company
had now undertaken TO put the pipes
In such u condition that there should
be no further annoyance 10 residents
In the Vicinity Of the brewery. The
fault was M much on thc side OF tue
Council Ia putting down detective
pipes as on that OF the defendants.
Judge Zane-Let tho fine be- placed
at 500, and costs OF the prosecution.
No COMMITMENT MADE.
Assistant District Attorney stephens
said there was prieoner In the peni-
Tertiary named Dan 81. Clair, nnd his
(counsel'a) memorandum showed that
no had been sentenced 10 years im-
prisonment. Ho believed the de-
F....
A nderson last December, but
It seemed that Warden Parsons hold
no commitment In the case. The war.
den was present nnd would state that
st. Clair's conduct had been good dur
ing the time he had been confined In
this penitentiary; and II the man had
been committed In "ths usual form,O
his term (lesa the deduction under the
copper act) would very shortly expire.
Clerk Mcmillan snid he could mud no
record on his Dooka Of tho defendants
commitment.
Judge Zane with surpriael - This
man should not DO held there without
some authority.
Warden Parsons informed the Court
that, to the best OF his belief, 81. Clair
was arraigned on December 18th, 1891
and plead guilty. Sentence was sol
| Tor December 7th, but on that day the
defendant was suffering from brain
fever and unable TO appear, and for
some two months ho remained ia the
penitentiary hospital.
Judge Zane-But We have 10 de-
| pend ON the record, not hehraay.
Clerk Mcmillan took another look
over his records, but said he had no
mention Of st. Clair having been sen.
fenced.
Assistant District Attorney s,eph-
ens-At NIL events | desire to ask
that the defendant may now
be discharged. l do not think, under
| the circumstances, he ought 10 be held
any longer. Sentence OF less than a
year could not have been Imposed,
even on the Defendants plea OF
guilty.
After some further conversation Mr..
stephens asked that the matter be-
allowed TO stand over until tomorrow
morning. In the meantime he would
look this facts up.
The Court 80 ordered.
ASSAULT Al nouNTIFUL.
Murray Wilson, the seventeen. year.
old boy who was convicted last week
OF n common assault upon a little girl
at Bountiful (though he had been
indicted on Il more serious charged,
came up for sentence.
His attorney MIR. q. II. Glenn said o
few words iR mitigation Of punish.
ment. He Informed the court that tho
lad was OF very respectable parontage,
and up to this time had borne good
character. His parents had suffered a
great donl OF humiliation In conse.
qucnce Of his wrong act, and counsel
hoped that the court would b. merci.
ful TO the hoy.
Judge Zane asked whether the dc.
fendants father could pay finu, ami
upon receiving an answer In the AMIR.
native, Imposed Hue OF 500 and
payment OF costs OF the prosecution.
WANTED FOR PROSPECTING TRIP.
Alouzo Mcmillan was placed on
trial on charge II grand larceny;
Attorney Harris defended.
The defendant Ia respectfully at-
tired young man, Of diminntive build,
Ahont 23 years of age, and 1t was
alleged that On November lat, 1880, he
went TO WIN. h. Andrewa, who no
sides In the Thiri ward, and hired
from him u team and saddle horse,
which he represented was wanted for a
mining trip, anu which, he said, would
DO required for three or four days. This