Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-10-17


On taking hia seat In the Third Dis
,,,e, Court this morning Chief Justice
Jams announced that he would devote
ban an hour onoh morning for the
r,t, two weeks to the hearing Of mo.
tlous.
VIM. Austin was found guilty re-
Gently Of assaultiDg his son with =
deadly weapon, and today came up for
sentence.
Tho court now remarked that the
assault was an aggravated one, and
fine Of 5000 and costs Of the prosecution
WA imposed. He was ordered 10 be
Imprisoned until the money ia paid.
Attorney Glenn asked for stay Of
proceedings for two days, to enable
Austin to sell some property, but the
application was refused.
FIVE YEARS FOR YOUNG JENKINS.
Attorney Hamilton briefly argued
his motion In arrest Of judgment and
for now trial IN tho cafe OF Ralph
Jenkins, Jr., OF Sandy twho was found
guilty the other day OF committing
u criminal assault upon l4.year-old
Emily JoTgenson), on the ground that
thu verdict was contrary TO and not
supported by the evidence.
Assistant District Attorney Stephens
considered that the cnee for the prose-
cution was 80 clear that he did not care
TO waste the time II the court Ia argu-
ing the matter now.
The Judge said there certainly was n
conflict In the evidence, principally in
regard 10 time, aud there were rome
circumstances In favor OF the defend
ant; but, taken altogether, he was Of
the came opinion AZ tho jury, namely,
that the accused was guilty. Tho CASE
waa not no aggravated NC como OF IT.
kind, and he had in mind the youth
ana inexperience % the defendant.
The motion for new trial was over.
ruled and jenkins WAS ordered to stand
up for sentence.
Asked by the court II he had any
thing TO say, jenkins answered In the
negative.
Judge Zane said he regretted that u
young man like the defendant APP
feared before the court charged with
such crime. The minimum punish
ment for this class Of oiicnEo was five
yeaTs, and owing TO the defendants
youth and his previous good repuis-
itiop, "a well M the good standing OF bis
family, he was Inclined to be as lenNnt
ns possible.
His Honor passed sentence OF five
years In the peLitentiary.
ACCOUNTS APPROVED.
The accounts OF Prosecuting At.
tOrney VRrlau aud his assistant, Mr,
=. Is. Stephens, were allowed.
In the case Of Albert Holt 1t al. VI.
John w. Young ct al, Attorney Ora
ham +. Putnam was appointed reierer.
MISCELLANEOUS.
In the case OF John +. Marks Va. w.
II. Casady, the plaintiff was In jrnuit,
aud the defendant having proved up,
Judgment IN his favor wna rendered on
cross complaint for tue sum Of
s2,2o6.5O.
In the ease OF W. il. Casady W.
Ju0. i. MARKS, judgment was entered
for tho plaintiff Tor the return OF car.
ia!n property, or ia value, ~, 600, and
damages Ia the sun OF 1853 ana costs.
In th0 matter Of Max Martin ct ri.
va. WIN. GroeBheck the motion 10 open
default snd for leave 20 answer was
mentioned, but no ac,ion taken there.
an.
in the case OF Joseph II. Smilh Va.
Salt Lake City, leave ~ Ameni the
answer was granted.
The trial OF the case Ia which a, Il.
IawB0n et Nj. were the plaintiffs anu
!. II. Taylor the deisndnnt--boing
claim OF $50, tor ron, Of house--was
then called ON, judge Marshall ap.
pearing Tor tho plaintiff ami Attorney
Taylor for the Defendant. rae court
talury having been wsivsdl found for
the plaintiff.
Ino grand Jury were In session for
about al hour this morning and
Transacted a lutte business, and then
adjourned till Monday next. There
hre quite "A humber OF oHses yet h.
come before the Jurors ere they make
Their final report and receive their
discharge.
IMPORTANT MINING suIr--CLAIM
s5O,OjO.
Frank Hoffman and Horny Don.
halter this morning flied n suit iu tho
Third District court againa. the Old |
jordan aud Galena Mining Co., and
Liberty Il, HoldOn, defendants,
"s'fAAh NAAhHfiNH Az WV '"AAi va fA'1NNN |
and costs.
Plaintiffs nllegs that they and the |
defendant Holden are the owners Of |
certain mining china ia the West
Mountain mining district, IN this Ter.
rltory, that they operate such property |
AS he Highland Mining C0mpnny,and |
thHtwilhin It - a very largo and valu- |
holo vein OF ore. They further state !
that Of this defendant company Holden |
IL president and atoolholuur; that |
10 had on previous occasions declined |
t0Join plaintiff an nouous Tor ,sesphss |
committed uuOn thrir property, aud |
was now unwilling g. Join Ia this prose-.
outlon. The plaintiff then go on 20 |
nlere that about September let, 1891, |
The defendant corporation broke into |
anu entered their premises amt cx. |
tIacted rom within the exterior bound. |
hry lines OF their mines 20uO tons |
OF ore bearing rock, valued AT |
s2o per ton, thus mskiug a total uf 500. |
co.; ana that such treppass has been |
continued until now. DESCENDANTS ar |
thus doing them, plaintiliA declare, ir.
fbparable injury.
Besides claiming the damAgp. |
rhmed thoy pray that, punuina tnis |
litigation, and uniil the final lulern- :
iaation OF the cause, the defendant i