Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-01-10
TIE SUPREME COURT,
Lf;r q Short Siding an Adjournment
vas Taken TIL Friday.
couyTERrEITER sPRACUE's Ap-
PEAL.


The judges OF the Territorial Su-
premc Couf,, thteoin number, nameiy'
Chief Justice Zane and Associate Jus
tic, blackburn aud Miner, took their
seats ON the bench few minutes a'ter
10 O'Clock this morning. THO attend
ance Of attorneys was not heafiy 10
large IA at the opening Of the term yes
terjay.
CLERK J. p. Bache read the minutes
~ No,duy,s sesaiou, which were ap-
proved and signed.
FOURTH JUICE WANTED.
Chief Justice u ine slid-I will here
stat, for the information OF members Of
the bar that II the appointment oi
Judge Btrich Is confirmed any dme
thlp week the court will get thu caste
upon the ilendnr FOR hearing. II II II
not, then the court will adjourn until u
later day, which will be named.
AttubseQuent stage Of the sesslon,in
reply to member Of the bar, Judge
Zane said that public notice would DO
given Of the next setting.
This only cases ret yesterday after
noon were appeals from Judge AuJei'
s,n's decisions, upon which the pres
tnt three judges ran aujudicite.
u. s. COMMISSIONERS.
The court appointed w. u. ThuFber
IS. commissioner for Sewer county,
". 5. Camp nj Vernal, and w. IL.
Pallere)n Of Bun City, 5au Juan
county.
MOTION 10 DISMISS ALLOWED.
In the case OF lstcsnbrack IS Son vs..
John II. Miller, et al, appellants,
(irom Judge BlBckburn's court) the
motion 10 dismiss was allowed.
10 FILE AN ABsTRACr
In the case Of III. NJ. Htwley Va.
Cnrey Bros. d Co., appellants (also
from Judge Backoutn's c0urt), ten
days. the was granted In when TO
NE an abstract.
TO FILE A TRANSCRIPT.
T0uecy vs.. E'Esl. In this appeal
thirty days time was granted In
which 10 file transcript.
spRAouE, Tmm ASSISTANT COUNTER.
TriJiR
The frst appeal on call this morning
was that VI tho United States VI
America VI. Il. ID. Sprague, appellant.
Spraguc was m,mutr Of the Gag.
non c0unter.eiting gang whose COIN
ing operations Ia "A little room over the
Singer sewing machine oiice, on Stale
street, about twelve months ago, created
such sur vt the time. Gagnon, II
VIII be- remembered, was the king.pin
Of The troupe, and Sprague with three
or four others were his contederates Mt
the "miot," aud assisted In thc circu.
iatiOn Of the spurious. He Is now
undergoing sentence In the peniten.
liary.
Judge Powers, the appellants attor.
ney, said no had no printed brief 10
submit Ia fact, the only point which
no uesiTed 10 raise on tue appeal was
whether or not the u. .. attorney must
state the cass for the Government, Tor
tue Information vi the prisoner anu hia
counsel. In this instance the prose.
cutlug attorney declined % make any
opening statement, us was required 10y
Tue statute, the accused having de.
mnnded II.
This point was then submiltei aud
taken under aivissmrnt.
THE RUSH WARNER MATTER.
Upon application Of Attorney Tat
l0ch, i've days time was granted la
which to Ills u brief IN thu case Ui NJ.
Rush Warner, administrator, W.. tho
Uuiled States Mutual Accident Asso.
citation, appellant. (lt IA an appeal
from Judge AudefsJn's c9urt.)
This was the cnse In when young
Warner came to his death some Twelve
or niieen months ago under rather
mysterious circumstances. he was
found dead In his bedroom late ono
afternoon, and 1t was claimed that be
had been sh0t 10y u burglar In the ab-
ttneo OF the other members Oi tue
family. Toe house was discovered IN
state OF disorder. On the other hand,
II was contended by the defendant
company that the young msu con.
mit'vu suicide aud therefore declined
TO recognize the demand Tor payment
upon ms life policy In their office.
Inc jury alter long trial, found in
AVOr OF the decaasel's family, AM
hence tue appeal.
ABOUT TAN sErILEMEST.
The case OF a. NJ. Musser vs.. George
A. Mcears, appellant, was argued by
BARLOW Ferguson on behalf OF the
itrponlent, having been submitted on
,fiti ny the other side (Alarshnll aud
klyie, aItorueys).
lhe case arose upon suit brought
uy Musser against Mpears In
regard to the settlement OF taxes on
certain property in Social Hall avenue,
anu involving u sum Of 500. Aue.
murttf TO thu complaint WAS oyerrului,
anu Judgment cnletei IN mvOrOf the
plaintiff for 1914 and sos. so costs. From
'nis overriding nn appeal was taken.
taken under adyisement.
ovER ION THE PRESENT.
The settings made yesterday having
oten disposed Of, their HOnors All.
!lutnei I'LL ten O'Clock next Friday
morning, when the County Court
Ing.