Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-23
A CONTINGENT FEB.
Singular Episode a Tho Third Dis.
tllct Court This Noilil8.
A "BLOoD RELATION" QUESTION.
Iudgc Zane, John NJ. Zanc, and Farley
l.. williams Were the Chief
Actors.

this morning, and the incldont was an
altogether exceptional one
Throughout yesterday Judge Zanr
and Jury sat aud listened patiently
to the testimony. legal arguments, and
legal quh5lings arising ON the trial
Of an action brought by VIM. Glassman
Of this city, against The Oregon Short
Line ana Utah Northern Railway |
company, in which the plair-
tn seeks to obtain from
tho defendants damages to the
tune OF s8G25 for destruction TO certain
property OF his mar Garfield beach,
alleged 10 have boen cauled by aparks
itom locomotive and the dropping o!
nre ffom the fire.box thereof upon the
grass and heritage. Everything passed
oil at the lrsl days bearing without
anything out OF the common run OF
things, anu when the couri al burned
late IN the afternoon ~ was With the
usual uulsrstandlng, that tho case
would kain bo taken up today.
But hardly had the iurymen taken
their seats aud the Judge remarked,
| You may proceed with tue caseigcntle-
men," when
Attorney p. l.. Williams, who rep.
resented the defendant company, ex-
| pressed a desire TO call Attorney john
| NJ. Zane TO the witness stand.
Mr.. Zann and Mr.. Graham Putnam
are counsel for the plaintiils, and the
former Immediately cotnpliod with the
request made. When he took the
stand the question put to him by Mr..
Williams was Us TO whether his fee as
counsel in this case was contingent
one.
Mr.. Zane's reply was TO the effect
that he dld not know whether II was
or not, as his law partner, Mr.. Putnam,
had taken the case In his Absence and
had not informed him MS 10 the method
OF compensation.
Mr.. Williams, with knowing look
and n sichly smile, seemed Inclined TO
cast some doubt upon his legal brothers.
veracty, and said he objected 10 the
case being tried before the court ON
account Of the recovery therein being
upon the question OF n contingent fec
and also on account OF tho blood re.
Iationship existing between tho trial
Judge and the plainth's attorney.
Judge Zane-If you. make any OBJ
lection on that ground do not wish
TO tIy the Gaze. II l mad known oi
, this before l would not Lavo begun It,
! MIR. Zane remarked that since tn,
. case had advanced thus far and the
. objection had only just been raised, he
. would ask that the costs be assessed
against ths defendants up to this time
4 Counsel had waited until now auC
then advanced suggestion upon
which he knew-whether 10 wa
tenhble or not-the court would de
cline to hesr the case any further.
: Judge Zane Baid he would leave thu
y matter OF costs also TO Judge Bartch.
MIR. Wiiliams-It only occurred &c
mo after the adjournment OF the cour
yesterday Afternoon and have taket
the earliest opportunity Of MAXIM
I mention OF the fact.
2 Mr.. Zane-rhe fact is / am not con
. tlngently interested In this case Mt nj
B II Ia retaining fee.
Mr.. Williams-l prefer TO take tn
word OF others for that
Mr.. Zane-Even In preference /
9 that Of Mr.. Glassman?
: Mr.. WilliAms-Yes, In preference /
70 Mr.. Glassman.
l. Judge Zane at this stage retired froI
8 the bench and went into the Judges
chamber In quest Of Associate Justic
Barich.
A few moments later Judge Bartc
took Judge Zans's scat and withou
i further ADO called upon counsel TO pre-
II coed.
x MIR. Zane, having stated the cas-,
u asked leave to amend his complaint b
eliminating the allegation OF negl
gence In order TO enable him 10 bal
his recovery ON the statute.
The court granted this, and
j. MIR. Williams next moved for n col
a ! tinuance, which after lengthy col
vcrsation the court allowed.
1t was now that Mr.. Zane renewe
10 his application, that the costs again
ID the defendants be taxed; but NJ
10 Williams was once more on his NETT
{. and dsmurred, on the ground that Il
y plai atitf's amendment was respoDsib
10 for the continuance, nnd that heat
10 the coats should DO taxed again hin
10 Judge Bartch took the point und,
II advisement until . O'Clock.
W MIR. Zane urged upon his honor Il
Az necessity of an early re.hsaring OF Il
!. trial, and asked that 1t be taken |
70 some day next week.
Judge Bartch said he did not .,
HIS way clear TO try tho case beio
the next session OF the Supreme coul
which would convene on Mondi
IN week. Between now and then bo hi
good deal OF Supreme court wo
to do.
After being further pressed, ho'
ever, by Attorney Zane, his Hon
stated that no would give an answ
IN on this point also ut two p. m.
IT. This aiterno DON Judge Bartch a
An nounced that he had decided to
"a. serve both questions for the present.
no THE coLoRED oHURoHFoLrS.
O.. Tho trial OF the case Of James ,
his Sanders OF nj, trustees OF the Africl
lie Mothodist Episcopal church Of u
as city, on behalf OF the members there,
re vs. the National Cooperative Buildi
Al. and Investment association OF Donv,
was then taken up before Judge Bart,
md a Jury. The action IL brought
recover $1,000 land COSTS, alleged to
,iue "a damages sustained by plant
by reason OF the unlawful selling
~ the defendant association OF seven
to shares Of stock owned by the Attic
n M. 10. Church, IN May, 1892.
Attorney street DAY & Streel) T,
resented the plaintiffs; for tho defer
ANS Booth, Lee and Gray, with A