The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-08-13
HARRY HANNOgD'S BOND.
1t Is Reduced on Motion of Judge
Judd.
A DIVORCE GRANTED.
Mrs. Annie Wright Awarded an Abso-
lite Divorce.
Temporary Aiinony and Attorneys Fees
Allowed Mrs. Tufts-lAn Important
Land Casa Number of Motions
Passed Upon by Judge Zane.

The Third district court was in session
yesterday with Chief Justice Zane pre-
siding. number of motions of minor
Importance were heard and passed upon,
THE SLAYER OF CLYDE ROBERTSON.
The bonds fixed in the case of the boy
Harry Hammond, charged with the mur-
der of little Clyde Robertson, were re-
duced from $500 to 81, 800 on motion of
District Attorney Judd. 1t was rep
resented that Hammond had been unable
80 obtain bonds in the sum OF ., 800 but
that if the amount was reduced TO 81 800
that he could probably give it, and be re-
leased until the time OF his trial, and his
honor being in mild mood acquiesed to
the request.
WRIGHT VS.. WRIGHT.
The divorce case of Annie Wright vs..
Edward Wright on the ground OF failure
to support came up 1t was shown that
the defendant for more than year past
had utterly failed to provide
his wife with the necessaries
of life, although quite able to earn a
good livelihood. The parties were mar
ried Oct. z, 1890. and the defendant is
now living at Sandy. The decree was
granted.
MONTAGUE VS.. NJ CARROLL.
Lengthy and elaborate arguments were
made on the motion for a new trial in the
case of j. j Montague VS.. George Nc
Carroll. Attorneys j. A. Williams and s..
II. Lewis were for the plaintiff and Wiley
Brown Tor the defendant. The case is of
considerable interest, as the question
affects the title to various tracts of land
in this vicinity, and il excited unusual
interest at the bar. Briefly stated, the
case involves the ownership of twenty
acres of land on the East bench taken up
under a soldiers additional homestead
entry in 1875. The entry was made under
power of attorney given by one Hawk
heimer, soldier, to one Hemingway
TO locate for him as additional home
stead, The power of attorney also au-
thorized Hemingway TO deed the land
when acquired and to have the proceeds
o. the sale OF the land when decided
i was made irrevocable by express terms
andEor consideration oil s.. After the
land was patented in the name or Hawk
heinIer by virtue of this power, Hem
mingway in defiance of his irrevocable
power OF attorney decided the land to one
Ryan, whence by mesne conveyance 1t
was decided to the defendant McCarroll.
Afterwards Hemingway, in the name
of Hawkheimer as attorney in fact, deed
GU iIc ldIu 10 lu6 pld1DJlu montague,
Montague then brought this suit against
NcCarroll to quiet his title. McCsrroll
in cross complaint set up his title from
HaWEheimer and Joined issue. At the
trial when Montague introduced q power
of attorney to sustain his title after hav-
ing introduced a patent, the defendant
objected to the introduction OF the power
rs being void from public policy and in
contravention of the homestead laws,
having been made before entry and con-
templating the assignment of Hawk
heimer's interest to his attorney or his
attorneys grantees.
Judge Zane sustained the objection and
excluded the power OF attorney. virtually
deciding the case upon that question and
rendering decision confirming the title
of the defendant McCarroll. Plaintiff
moved tor rehearing, and it was on this
motion The arguments were made yester-
day and the court took the case under adj
visement. c. S. Varian, by leave OF the
court, fled a brief in the case tending to
sustain the decree rendered at the trial.
SHORT ORDERS.
Helen Guldberg vs. II. A. Ferguson ct.
al; dismissed as TO defendant E. a. Reed:
H. +. Booth sworn and examined; attor-
ney's fee S75 and on second mortgage
$50; decree Of foreclosure.
e. and l. Smith Us. E. H. Williams
judgment for plaintiff by default; Interest
8 per cent.
Charles Z. Merriam VS.. John A. Groes.
beck; time to file statement for new tria
extended until September 10.
Q. A. Petit ct. al. VS.. II. T. Duke; con-
tinued till Tuesday, August 15.
Utah National bank VS.. Great Western
Cement Co.; Judgment for plaintiff; at.
torney's fees 500.
NJ. A. ". Coombs VS.. Utah Paint
Oil Co.; leave granted for creditors repre-.
scented by Jones & Schroeder to intervene
and order granted staying payment o
money by clerk to plaintiff or attorne,
for ten days to make showing and inter
vsne.