Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-08
WITH JUDGE ZANE
a Morning Devoid Of Interest in tie
Third District Court.
MOTIONS RULED UPON.
Three City Ice Dealers An,wer 10
Indictments for Selling I'm.
pure lee.

morning. Ono or two motions were
heard and determined and then n Jury
was ompaneloi to try the cise In which
three Salt Like ice dealers are indicted
for selling unwholesome ice. The
main particulars are reported below.
a SHORT WEIGHT IN coal CASE.
The case Of Salt Lake City va WIN.
Knox, which comoi up on appeal from
tho police court, where the defe ndant
was convicted Of selling coal short In
weight, was nc. down for hearing to-
morrow. Judge Powers this morning,
however on the application OF City
Attorney Coad, consented to u contlnu-
ancc, which tho court granted. Tho
reason for the continuance was the ab.
sence OF one Of tho principal witnesses.
MISCELLANEOUS.
l.. \. Scott Elliott W George c.
Whiltemore ct al. judgment was rem.
dered on the report OF the referee, and
IN accordance herewith.
J. w. sullivan W. l.. i. Kullack.
Leave was given for VIM. Burke to
intervene and file complaint within
five days.
Il. II. Towndrow Va the Salt Lake
Improvement aud Natural Gas COM
pany. Motion to discharge attach.
ment and for order passed for want OF
notice.
James Hughes vs. T. J. Parker.
Motion OF defendant for new trial
argued by Attorney J. NJ. Cannon Tor
tue defendant aud Attorney Frank
Pierce for tho plaintiff and overTuled.
THE ICE MEN APrEAR.
o. 8. Booker, John $. Lewis and
John ID. Lewis (wbo were defended
by Hon. II. >. Rlcnards) answered not
guilty 10 an Indictment charging them
with unlawfulIy and knowingly selling
unwh0lesome ice, contaminated with
vegetable and animal Impurities TO
the extent that II was renierei ur 0t
for thurman food or drink"
The prosecution was represented by
Assistant District Attorneys stephens
and Benuer y. Smith, and there are
four separate cases OF selling alleged
against the defendants.
IL was stated that the Ice pool In
question belonging 10 the defendants
ID situate In the northwestern part of
tho city, being about forty rods In
length and ten wide, that there are
stables anu outnouses adjoining it,some
eighteen or twenty feet from tho
bank, aud that a portion OF the bank
ON the west side il made up OF manure.
The water which Ills the pond runs
from city creek, but It was said that tbs
Jordan also ran into It.
For the defense Hon. +. 5. Richards
made an opening statement, In which
ho set forth that these proceedings
were the outcome OF ill-ieelIng or
malice on the part OF one or two per-
sons, who desired that the ics pond
should DO done away with. a com
plant was made to the city council
that the lee from the pond was inJIr-
ioua TO health, and u committee was
appointed TO investigate. That COM
mitteo found that there was nothing
In the allegations Us 90 seepage,
but considered that owing 10 the near
proximity OF tho stables 10 the pond
and the porous condition OF the soil the
ice was scarcely III for domestic con-
sumption. They, however, saw no
reason why II should not De used for
NhhAlEAl htultl
that his client knowingly sold un-
wholesome ice for human food, and
pointed Que that while the ground was
frozen hard at tho time charged there
could hardly have been percOlation.
The Ice had been tested and this water
found - be just rs good as that from
tho hydranI. Wnen the committee
made their report to the CITY Council,
however, the defendants Immediately
reduced the price OF their Ice and noti-
fled everyone In their employ not to
sell any more OF II without informing
the customera that the ice would In
the future be sold exclusively for re-
irigerator purposes.
The case was proceeding this efler-
noon.
CouRT NOTES.
The case OF the Salt Lake and Lo,
Angeles Railroad Co. vs.. the Oregon
Short Line ana Utah Northern and
salt Lake City, heard in Judge Zane's
court on Saturday, was proceeded
with up 10 o PM, when an adjourn
ment was taken. The arguments
Will be resumed tomorrow lTuesday)
morning.
Anna Cottrsll has commenced
divorce proceedings against her hus-
baud q. Il. Cottreli In the Third dis
lrlct court. The parties were married
at Park City on March 30, 1857, but
have no children. The plaintiff al.
leges that she has been treated in
cruel and inhuman manner and that
besides Kicking aud beating lher the
defendant has called her vile names,
and been guilty OF habltual drunken
ness for more than u year. She
further alleges that the defendant
has real estate and other property
10 the value OF several thousand
dollare, ami prays that he may be res.
trained from diBpOslng OF the same
pending u flnal hearing OF the cause.
Temporary relief is prayed for.
Ole Christensen has instituted pro.
ceedings AGAINST the DAILY Mining
company la the Third district court to
collect damages in the sum OF 500
claimed TO be due Tor iuJurles received
while IN the employ OF the company
ON November o, 1892. Hasays he waa
excavating OH the l0OOioOt level,
when thn timbering gave way and
both his legs were broken. Negligence
is alleged on the part Of the company.
The dividend OF the Centennial