Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-03

Ntht tNHN hWdll - lNFN Nfi nuN hoiifk
brousht a lswaUlt against him. Tbis
con- y uint was uittfWHrJg sworn out
agaln.t KOlilz. Witurs. ana Donald
CON tatiiioi against him in The 10 See
count. He denied that he had thrclicn.
td % make IL 60 -- Nnfm TOT kliiisH
and Xix him," or inicrctiod hhusulfin
'his case 70 the extent Of gu,ting other
witnesses.
The same evening that Kollts was
bound over, In % public thnfoughilfu.
while lie accused was walking with
hla vi o aud sister. ho did call cut H.
HIN, "fhcre goes the lire bug;O but
KgliI1 insulted him first Tnu tult
betwcc kolils and himfrli wan etlil
punting IN the rhiri Ilsiric. court.
Judge Powefs-lou never sali
word % any pora5n about tuls matter
uuOl you had trouble with Kolltz, iii
you?
W.tucss-Yeg, told my wife and
she told several ladies; but 1 hnd told
her t0s say nothing about VI.
While you knew tnn insurance
70 o PIE had been defrauitd you never
paid word 10 them about II, and never
made II public until you gave your
Information 10 Mr.. $. S. Markham, the
attorney, and he swOre out this com.
plaint, aiter you had had iioublo with
this man?
A-well, l was questioned and
told what | knew.
Q-Y0u have considerable feeling In
this case, haven't youg
Al DOME know that have.
Q-You do not like Koliiz at all,
do you?
Al have no animoslly against
him.
Q-But you don'l like him?
A-WolI, l DONE love him. (Laugh-
teri
johnson Donaldson, boy about
fourteen years OF age, above referred
10, also tesIilo1 TO having seen Koli,z
take up dirty water from the cellar
no0r ON tho morning hfler
tho fire, pour into tho creams,
nuts, ulc., and sllr the whole
up with burned stick. IA TO tho
chair incident, Kolitz said to wit.
ness, "JohnDy, take up stick and put
bols through that chair" aud lie did
90. k0litz said It WAS pity tho whole
DID place didn't burn down.
Judge Powerful move to have that
stricken out. The defendant Is not on
trial for arson.
Judge Iane-Let II 20 10 the Jury.
witness likewise testified that Kc-
lilz said, "ii you boys keep quiet |
viii fix It with you"
Judge Powers again objected; but
Judge Zane ruled that this statement
might aiso 10 to the jury.
10 Judge Powers Donaldson said he
never did like kolilz anu didn't like
him now. He had, however, no pnr-
ticulariy hard feeling Against him. lie
did not say TO oue Wallace Axtoll,
about three weeks ago, that no was
sorry no had testified In this case, but
that now he had TO stick to his story
or get himself into trouble.
Al this point the court adjourned for
luncheon. When the jury had left the
room Prosecuting Attorney Stephens
said that, II his honor thought II
competent, he would introduce evil
dcnce with referonue to. the firing OF
the premises, as tending 10 show tue
intent OF the defendant Kolilz. He
did not, however, think II Right to
make this statement In the presence OF
the jury.
Judge Powers objected 10 any ouch
step. This accused was not now called
upon TO meet charge OF arson, but
would be quite ready ~ do 80 II an in-
diotment were flcd.
Judge Zane ruled that such evidence
was inadmissibls.
lie COMES To TERMS.
In the damage suit OF Frank Leako
vs.. the Rio Grande Western Railway
company, Judge Powers intimRted
thut he was willing to accept his
honor's suggestion, made yesterday, as
NNnNNHnNAnn nI l...
awarded by the jury on the trial ana
accept sl0, go, being $4,000 less than
the sum given by the twelve.
COURT NOTES.
Attorney J. II. HarTie, Us referee.
has given his decision In the case OF
Heesch Il Ellerbeck va John Morgan
and wife, wherein the plaintiffs sued
to recover siO9B.fl alleged TO DO due
for certain plumbing ana Steamboat.
lug work done at the Morgan hotel. |
The referee found for the plaintiffs In
an indehnite amount, finding also that |
n portion Of the work had not been |
done according to contract. He did |
not know what sum would have to be
expended In making the plant perfect;
hence the indefinite judgment.
Tho preliminary examination OF
John smith nnd Frank Howard
(colored) Jennie Rogers and Lizzie
Gardner, white giris, Oh the charge OF
iornicatlOn las mentioned In yester.
days NEwsl occupied long time In
Commissioner PraIl's court yesterday
afternoon. AL the defendants were
held 10 await tbs action Of the grand
jury, the court fixing their bonds at
$500 each.
The action Of ]. w. Kennedy Va w.
a. stanton 81 al, members OF tho l.. !
.. 5 OF A., IN which the plaintiff sued !
for $3.50 alleged 10 DO due for rent,
was taken up before Justice LOchTis |
yesterday afternoon. The oass was
dismissed ns to ten OF the defendants |
anu proceeded with ngainst the others |
until the hour OF adjournment. The |
hearing was resumed this morning.
The Well Annie Mining and Milling
company hluu an action against II. w. |
Madsen IN the Third district court last |
evening to collect $500 on promis-