Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-03-11
IN JUDICIAL CIRCLES.
Ten Thousand Dollars for The Death Of
Yoln5 Yadlsy.
YAYLOR CASE GONE TO TIE JURY.
Mr.. Honman's Unaccrpied Suit Of
Clothes Again. will
Reform.
SAYLOR CASE GONE TO TIE JURY.


Thomas Yarilcy, Administrator OF
the estate Of Thomas lardloy, Jr.,
decenied, filed an action against the
Salt Lake Rapld Transit company In
the Third District court this morning.
The plaintiff alleges that on September
II, 1902, his son WIS passenger on one
OF the Defendants cars, and while
pafslug over a awilcli near the
corner Of North Temple ana East
Temple streets the motormnn In charge
Of shld car Permitted the same to run Mt
dangerous rate OF speed over the said
swilc and the rear trucks OF the car
thereby lett the main track. This
caused the brakes to unlooien and
fearing that the car would leave tbs
tracks amt plung into tho aqueducl
young Yardly jumped from thc car
and was run over by the rear truck aud
almost instantly billed. Wherefore
the plaintiff ptays for damages against
the company In the sum Of $4,000.
Tho boy mentioned was Ia the om.
ploy Of the Union Pacific Railway
Company at the time OF his death and
the shocking accident 10 still fresh In
the public mind.
SUBMITTED TO THE JURY.
After few formal matters had been
disposed OF In the rhiri district court
this morning, George MAYORS slOJO
damage euit against the Mountain
Stone company and Salt Lake Guy
was feiumed. Tho salt Lake CITY
railway was one Of the original defend.
ants, but the case was nOn-suited ~ To
them late yesterday afternoon. AZ
noon today CITY Attorney Hoge had
argued the matter 10 the jury In uohalf
OF the municipality ana he was
followed in the afternoon by Judge
Hoovat Tor the Mountain Stone COM
pany aud Judge Powers for tne
plaintiff, after which the cnse was suit
United 10 the jury.
NEw TRIAL DENIED.
The first matter that came up before
Judge Zane after the opening Of court
was a motion Tor new trial In tho
case OF Joseph Baumgarten VI. Frank
Hoffman. Tho suit was Brought TO
recover Si5 which the plaintiff olnimtd
was duo him Tor suit OF clothes, or.
derod by Mr.. Hoffman, aud which
was now taken from the etoru for fet
sons which tho tailor and tho attorney
STATE differently. MIR. Baumgnr,en
| STATED when the trial was had that he
kopt the suit about two years anu then
sold It for about so. Upon this show
ing tho jury rendered verdict IN
favor OF the plaintiff for $50. An
affidavit was died yesterday signed by
Justice Quinn u Bingham stating
that he purchased the suit from Mr..
Baumgsrten and paid therefor the sum
oil $40. Mr.. Baumgsrten, however, iiled
counter nfii iavit In which he states
that Justice Quinn only got the pants
belonging to the suit and that the coat
anu vest was s0l1 10 an unknown per
son. After hearing the argument tn,
motion was overrulod.
III WILL REBORN.
Earl Slromson, fiiteenyoar-old
boy who pleaded guilty 10 burglar,
last Thursday, was sentenced to tbs
Reform school yesterday. S.romsoi
il one OF the boys that robbed Hirsoh
mana shoe store last December. Judg'
Zane gave the lad avery iatherly tail,
telling him thai lie was n good.lookinl
boy aud ooald make n man OF himsol
II he tried.
FOR GRAND LARCENY.
William Lipscomo was arraigne
this morning un the charge Of graz
larceny and entered plea OF not gull
ty. Lipsc0me was inuictod for steal
ing slb from tho person Of DR.. M. Il
Williams on February 10Th Of the pre-
ent year.
A wEEII's CoNIIHCANCE.
The case Of jennie NJ. King vs.. Ere
King, In which the defendant ma
been ordered to show cause today VIII
he should not he restrained from oil
posing Of his property, was continue
until next Saturday. This Ia tho ca
Ia which the plaintiff alleges that IL
} defendant secured "A divorce from III
by fraud.
THEY wERE NOT READY.
In tho case OF Maggie Herman v
! Il. j. Herman the hearing ON au ord
D 10 show Cause was continued for IA
A weeks.
DISMISSED.
+, The case Of IL, Nj. Preston Of al. v
G. M. Freed was dismissed ON motto
OF tue plaintiff.
SOME FUN EXPECTED.
4. Several important matlors we
, booked for hearing In Judge Ian,
court this afternoon, among them b
9 Ing the motion for n new trial In u
4 O'Neill granddaughter case, and q
/. contempt proceedings in tbs matter
# tho attachment levied by sheriff M