Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-25


sleeping on the subject last night he
seems TO have arrived at a moliiei
conclusion. Upon being brought down
from the penitontiary to'lay he In.
duced Assistant District Attorney
Stephens TO go and inform Judge Zane
that he would like to consult law.
yer, with n view - the preparation Of
his deicnse. Attorney BaIlow Fergu.
son had been appointed 20 do service
for Brennan at his trial some time ago
(bef8rc the Indictment was re.sub.
mit,cd T. the grad jury aud the
court did Mr.. Ferguson the honor OF
again naming him. II was clear,
however, that the gentleman did not
take kinJly to the job; bu, tho court
"pleascd,v and there was no very
clear woy OF getting out OF It.
CRIMINAL TRIALS DEFERRED.
II had bsen previously arranged to
take up the trials OF criminal cases this
morning, but it was now decided to 10,
them 10 over until tho cause men.
toned next below has been disposed Of.
BOLTON VS. oRoEsBEcK.
The apparently nevor.endlng litlga.
ton In which for mOniha past
the Blue Jay Mining trouble has cut
such a prominent figure came once
more to the surface this morning on
tho trial OF the suit Of Jack Bolton
against II. Groesbeck, which opened
Just before noon.
Tho plaintiff was represented by
attorneys Kane aud Miller; for tie
cefendant Judge Bowman aud Attor.
ney j. L.. Rawlins appeared.
The action IL brought to recover
$4,000 on yromiss0ry note, with ill.,
teress at the rate OF 10 per cent Ter
annum, the said note having been
executed and delivered on December
lOlh, 1891.
When the case was called oouu.
sci ON both sides expressed their feadi.
ness to waive a Jury anu have tue
matter tried by the court; but when 10
was stated by Colonel Miller that
counsel Tor the def nsO charged
fraud and misrepresentaiion on the
part OF the plaintiff, IN their answer,
his honor said under these citcum-
stances a Jury should be en-
paneled TO Try the Issue. Judge Zane
likewise remarked upon what no
termed the serious conflict Of evidence
upon former trial, aud now ordered
the calling " Jury.
Twelve jurors having been secured
without much difficulty the plaintiff
was called 70 the stand and proceeded
10 detail the circumstances attendant
upon the negotiation.
The defendant insists that the note
was given Ia part payment Of the pur-
cease price of 1865, 600 shares OF capital
stecR OF the Blue Jay Consolidated
Mining company, that he was In.
duced to enter into the purchase OF
such shares by Misrepresentation
and fraud, that plaintiil, in making
the sale, represented that he was well
acquainted with the mining property
owned by them, that It was free from
all liens and inoumbrancts, and that
the title was "cleAr rs a bell;" also
that the company was organized under
the laws OF the territory. All Of which
defendant declares 10 be false, states
that the property was at that time
incumbered Tor upwards of sl5,0OO--
much mo9o than It was or Is now
worth-aud that tho concern Is In.
solvent.
A bitter legal fight eeems probable
anu IL Is most likely tbs case viii
not DO concluded today.
COURT NOTES.
jeremiah Keith appeared before
Commissioner Greenman yesterday
afternoon to pnswet charge OF dis.
tuTblng the pence. Keith went TO the
house OF his dlyorceu wife while under
the inhuonco OF liquor. She Insisted
upon his departure out he refused to
go and an officer was summoned who
took him Into custody. Commi.sioner
FREEMAN sentenced him 10 two
months IN thu county jail. Later the
sentence was suspended pending the
good behavior OF the defendant.
Aaron Keyser filed an action against
John Morgan and Helen NJ. Morgan,
IN the Third district court last evening,
to collect $1,000 on promissory note.
In tho case OF Joseph Coblentz ct nj
Vi tue Driver Mercantile company ct
al, Albion IL. Smith hled n complaint
In Intervention TO collect s3s2.8O.