Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-10-14
DISTRICT COURT.
Tho GTantsTIlle Tragedy OlCe again
Raksd Up.
APPLICATIONS FOR NEW TRIALS.

Suit For $4,000 Damages Against the
Rio Graudc Western Railroad
Company on Trial
Colonel Montgomery, in presenting
motion and affidavit for a contln-
uance Of the III o Hyrum McBrldc,
indicted Tor taking part In the killing
Of DR.. G. o. Elliott Rt Granville,
coupled some time upon the opening
Of Judge Zsue's court this morning.
Judges Judd and HowAt opposed tho
toque,t, anu ai.tra good deal Of talk
leave was the accused's counsel to filo
a further Ali Iavl, al y later period of
thr day.
The statement on motion for new
trial In the care Of John Benson Ia 10
bc fled iu Court by rhuudsy morn.
Ing next.
WANTS 4 INV TRIAL.
In the case Of the People VI George
Brennan, convicted on Thursday Of
fegury, the hearing on motion fora
new trial was Get Tor Oct. 2lst.
HANMoSD's CASE.
In that Of the boy Harry Hammrul,
indicted Ter he murder Of little clyde
Robertson. au affidavit was filed by
the dofondsups counsel setting forth
| impecuul0sity, aud on that ground
asking that witnesses for the defense
be sublwlaed at the expense Of tho
| people.
HE ISN'T sATisrtED.
Attorney W. l.. Snyder Of Park
| City, moved f0f new trial no tne cate
| 0t j. W, Neal, recently convicted 90
assault and battery upon MfH. Johanna
| klus, Ia Summit county. Ihr nppi-
] cation, which wuH opposed by Assist
ant District Attorney Howat, was
/ based upon three grounds,
/ via, that the verdict was
| contrary 20 the evidence, contrary 10
I law anu also alleged errors OF law on
! the part OF the court, excepted 70 by
the dcienianps counsel 1t tho time VI
the trial.
Judge Z,nosaid he would have been
surprised had not the Jury convicted
/ the defendant anu OvcTrulcd the mo.
ton, as also "a motion in arrest VI judg-
mont.
la the lower Uus;ioe's) court the fino
was S.5; aud uu0n the representation
of counsel that defendant Is very
poor man, JuIge Zane faxed It now at
the samu amount, with this costa Of the
prosecution.
IhO bond on appeal was fixed at
$3.50.
HE FAILED.
Attorney Armstrong argued the mo.
ton Tor now trial on behalf Of Charles
Carter, convicted the other day u
burglary ut the BiKby r,sideuco. IL was
opposed by Assistant District Attorney
HOWat anu overtulsd. The de endaut
was then sentenced 10 two years In the
pouilentiaTy.
ausCELLANEous.'
In Ito cste OF the Commercial Ma
tlonal bank W Oscar J.. YounB ct sli
default, judgment was entered ioi
plaintiff ~ pTHyel.
The Crane company We Jas. L..
GaTegan ct al; appeal dismissed.
Judge Barlch and Jury this morn.
iug took up tue trial u. an action lur
damage brought by Joseph Hun
against the Rio Grandc WtstBrn Rail.
way company, Ia which tao sun Of
$1,000 In claimed.
It's alleged by tho plaintiff that on
December 30, 1891, he was passenger
by one VI the ulmpany's trains run
nlnf between Green river, UIah, aud
salt Lake, from whion lao was elected,
uulRwiully he claims, bY the oOnduc'
tor. THIS occurred some three mllc'
weat OF Green river, aud al
night time. lt was, he says, bitterly
cold weather, and he feared that h,
would be frozen 10 death on the wall
back 10 GreenRiver. rhe plaintiff statui
+ that he was likewise "humlllRtud and
! | disgTaced," and feels that nothing
{ less than $1,000 would DO satisfactory
sHlye fJr his wounds.
The defuuse-whiCh IL in the hands
. OF Bennett, Marshall and Bradley
+ puts Ia general denial 20 all the alle'
b cations Of the plaintiff. Judge Pow
{ tTs ana Ogden Hiles are the plaiuIiii''
D legal representatives.. The oaso viii
, probably last all day.
THIRTY DAYS. STAY.
In the case Of Bevan VI Adam Pau
: ct nj, u stay Of thirty days wac granted
by Judge Bgrtoh In which 10 die state
{ munt ON motion Tor new trial.
AFTERNOON SESSION.
In Judge ZaHe's court this Afternoon
the grand jury presented another 10
port, having found three more indict
ments all under the laws Of the Terri
tory.
The charge OF burglary against Alel
Scott was dismissed by the prosecu-
zion,
Hannah J. Butler was granted
I divorce from her hubbard, Nlohola
Butler on the ground Of drunkenness
The case went by default. $40 pe
: month glimOny anu s5O attorneys 10
were allowed by the court.
In the case OF the American Nation
al bank Va J. A. Morlan et AL, judy
ment Tor defendant was entered ON ~
pleEdings, on motion Of Cou usrl
Attorneys ice 1--WE per cent was y.
lowed.
No nav gulta had hpon nlel In I'M