The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-05-27
THE INSANITY FIGHT.
A Strong Effort VIII Be Made to Secure
BOrePS Release.
Talk of Habeas Corpus Proceedings-A
Damage Case Against Ogden City
The Southern Pacific srops.

OGDEN, May 20. - Especial. - Tie
greatest diversity of opinion exists among
the attorneys of the Ogden bar regarding
the Borel case, and at the hearing on
Monday there is likely to be hotly con-
tested battle. BoreI's attorneys claim
that the court had no jurisdiction to com
NIT the Frenchman to the custody of the
United States marshal, for the reason that
the law passed by the last legislature,
which provided for the care of persons ac-
quilted OF crime on the ground of in
sanity, is unconstitutional, for the reason
that the organic act of the territory gives
the probate courts OF the territory ex-
elusive jurisdiction over insane persons.
Inen, again, there's the question of the
meaning of the statute, whose wording is,
to say the least, very ambiguous. Differ
ent attorneys place different construc
lions upon the provisions OF the act and
but few agree. The attorneys for both
the state and the defense are preparing
Tor the contest and some interesting de-
velopments may take place.
Borel's attorneys are particularly anx-
1ous to get their client off, as his former
employer in Wyoming has made him an
offer OF employment on his sheep ranches.
Meanwhile the Frenchman is confined at
the city Jail. There has been some talk
of habeas corpus proceedings, but thus
far no action in that direction has been
taken.
CASE AGAINST THE CITY.
The hearing in the damage case of AL
bert E. limerick vs.. Ogden city, oecu-
pied most of the day in the district court
today and was not finished when court
adjourned tonight, and the case went
over until Monday. Limerick wants IS, 900
damages for broken leg sustained by
him through falling on the sidewalk on
Iwenty-third street last January.
VERDICT FOR THE DOCTOR.
The defendant in the damage case of
Marion j. Hewitt vs.. 81. j. Powers was
given Judgment, no cause of action.
Hewitt is one OF the fkemen who was in
Jured at the Union Pacific ice house fire
nearly two years ago, and sued DR..
Powers for SIC, 900 for malpractice. The
doctor set the tireman's broken shoulder.
and the claim was that the surgery WAS
very bungling.
The Anderson Pressed Brick company
today resumed the delivery of brick for
the Southern Pacific shops, and will here
alter send in nine cars daily. Work on
the excavations for both the Southern
Pacific and Rio Grande Western shops is
progressing rapidly, and by the middle of
uSAe week bDS SIOnS men can go TO Work.
About the middle of June the Southern
Pacific will begin the construction of its
round houses and station at Montello,
New, at which point stops will hereafter
be made instead of at Terrace.
BEAR RIVER CANAL ARGUMENTS.
Tonight Judge Miner held session of
the district court for the purpose of hear
ing arguments in the Bear River land
case, upon the petition OF Contractor
Garland for perpetual restraining order
to prevent the sale of the canal system.
under the deed of trust held by the Jar
vis-Conklin Mortgage Trust company.
Arguments were made for the de-
PENDANTS by David Evans and II.
M. Beardsley, of Kansas City, and for
Garland by Judge Maginnis. Three
hours were consumed in their delivery
and at the conclusion the judge took the
case under Amusement.
The sale of the canal has been again
postponed.
The board of education held but short
session tonight, out of respect for the
Oldest son of A. G. Emerson. a member
of the board, who died this afternoon.
Governor West has notified the board that
he will with pleasure, deliver an address
to the graduating class of the public
schools on &C commencement day.