The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-06-11
Another Effort Made by Wallace
Burt's Mother.
WRANGLE OF THE COUNSEL.
The Case Finally Postponed Until Next
Saturday.
The City sued for $4,000 Because the
Steam Roller Frightened Team
Justice Gee on the Rights
of Landlords.

and presented lively contrast to the
manner in which business is transacted
by the territory's highest judicial
tribunal.
As soon as Judge Bartch had COM
fortably seated himself, Elmer b. Jones
addressed the court with reference to the
in the case of Helen M. Burt VS.. Andrew
J. Burt, by which it was sought to have
the custody of Wallace J Burt trans
ferred from William Groesbeck to the
mother.
Judge Powers objected to the matter
being taken up, upon the ground that
Judge Zane was familiar with the action
and WAS best fitted to determine the
issues.
Otherwise the evidence would have to
be reproduced, to show as TO whether or
not the mother was a proper person to
have custody OF the child. The judge also
stated that counsel on the other side must
have considered those facts when he at
tempted to call the matter up before
Judge Bartch.
Mr.. Jones-Your honor, wish to say
that this case was not heard before Judge
Zane at all. it was referred to Judge
Henderson, as referee, and the report of
the referee was confirmed by Judge Zane.
We endeavored TO call the matter up be-
fore Judge Zane some time ago, but he
stated that he was too busy to hear it that
term. We would like to have the matter
determined, SO that we may know whether
we are to get theichildior not.
| We are anxious to proceed. The decree
originally entered provided that the
mother be allowed to visit the child, but
she has not been allowed to do so.
| Judge Bartch-I think Judge Zane should
hear the matter, unless he should refer it
| to me. do not wish to take it up unless
counsel agrees.
| Mr. Jones-Counsel on the other side
seems to be endeavoring to try the case by
| insinuations.
Judge Powers-Well, we will give you
! plenty OF evidence next Saturday.
| Judge Bartch again stated that he did
not wish to take the case up under the
circumstances and it was set down Tor
next Saturday.
| DIDN'T LIKE UTAH.
The next matter taken up was the di-
vorce case of William e. Carey VS.. Ella
NJ. Carey. The plaintiff took the stand
and stated that he and defendant were
married in California four years ago and
shortly after removed to Utah. Mrs.
Carey was very much displeased with
Zion and finally deserted him and re-
| turned to her parents in California. He
had used his utmost endeavor to get her
to return TO him but she refused to do so.
Ine plaintiff attorney Judge Bartch took
the role of interlocutor as follows:
"Was your wife's conduct toward you
otherwise such as it should have been?''
"Well, she did the best she knew how,
but she didn't know anything about
housekeeping. She didn't even know
how to boil water
Ibid you know this before you mar
ried her?''
rNo; | hadn't known her very long,
ssDid You treat her well?''
eyes, sir; as we'll as | knew how"
Ibid you abuse her?''
f'I did not. ~
ibid you support her well?''
81 did,
A corroborating witness was then called
and after his testimony had been giver
the decree was granted.
OTHER BUSINESS.
J. w. Sullivan ct al. VS.. Louis F. Kul.
lack; report OF referee confirmed.
James Anderson VS.. the Yosemite Min
ing and Milling company; motion to Sc
aside order OF Judgment because finding
and decree had not been filed within
thirty days. submitted.
Crescent Mining company VS. the ALI
ance Mining company; dismissed by con
sent of parties and leave given to with
draw bond on injunction; each party [,
pay their own costs.
Utah and Montana Machinery comran.
VS.. Frank Hoffman ct al. thirty days ad
ditionai time allowed defendants to fill
statement on motion for a new trial.
White River Valley Land and Liv
Stock company VS.. r. j. Burraston, (tw
cases. referred to r. II. Cabell as refere
to try and report.
William Langford VS.. Salt Lake city
motion to confirm the report of the ref
cree continued.
John White vs.. the Union Pacific Rail
way company; twenty days additions
time allowed to file bill of exceptions.
John w. Smith vs.. John IL. Bowman
motion to confirm the report of the rel
cree continued until next Saturday.
? Lillian NJ. Trimmer VS.. David G. Black
l hurst ct al: order to show cause con
tinued for one week.
Francis Brown vs.. Henry Haynes ct al
: demurrer to complaint argued and sub
mitted.
Scott Hopkins ct al. VS.. j. G. Clark {
al; default and judgment entered.
Jennie Brennan VS.. Homer NJ. Brown {
al; motion to dissolve restraining orde
argued and submitted.
S. Hays vs.. Louisa johnson ct al. de
, cree entered in favor OF plaintiff.
: United States glass company VS.. w. II
1 Wiikerson; demurrer to complaint over
I ruled in favor of the plaintiff.
Joseph Coblentz ct al. vs.. the Drive
Mercantile company; demurrer override
l and ten days to answer.
4 Joseph NJ. Stout VS.. Pauline Schulz
3 ct al; referred to Colonel Miller to try an
report findings.
The Moline State Savings bank VS.
: George A. Noble ct al; referred to w. !
Harvey to take testimony and report; d.
fault OF George A. Noble and wife er
tered.
3, BENJAMIN Foreman VS.. w. j. Pace
: al; motion to reinstate appeal allowed
Charles Ravens VS.. Samuel P. Carlson
4 demurrer to amended complaint argue
Z and submitted.
$ L. A. Scott-Elliott vs.. George c. Viii
u more; hearing on motion to retax cos
g continued for one week.
Edward G. Keller VS.. Anna NJ. Keele
9 report of referee granting a decree of d
vorce to plaintiff, confirmed.
Peter G. Brixen VS.. William Groesbeo
ct al; leave granted to re-tile complain
as of June 10, same having been will
drawn for verification.
Louis Rothenberg VS.. John Beck ct al
plaintiff allowed to file amended complain
making additional party defendant; lea
given defendant Morris Rich to fl
amended supplemental cross complain
and the Salt Lake Valley Loan and Tru
company allowed to file a complaint
Intervention.
Joseph Coblentz VS.. the Driver Mercal
tile Company; e. 4. Clute allo wed to il
II tervene.
v Wilbur S. Henderson VS.. Daniel Tur
gren et.al.; J. H. Harris, special maste
made reference to report findings.
n
FRIGHTENED THEIR HORSE.
70