Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-09-14
AROUND THE COURTS.
Tho Alleged SlaysTs Of Dr. Elliott, Of
GranlsYille, again AfTaIgntd,
CONCERNING A FLOCK OF SHEEP
Two Gases Continued trmporarily.-
Admitted To Cuznship. - The
Lugau. Nelson Ca,c Goes over.

Hytum Mcbride and John Benson,
against whom the grand jury yesterday
returned an Indictment charging them
with the wilfui murder Of Dr. o. E'
Elliott, Of CIR melville, ON April i'm,
1888, were afraigned upon the opening
Of the Third district court this morn
Ing.
When the indictment had heon read
by Cletk Mcmillan, Judge Zane askea
the dcicndnnts--D DO you plead now
Coioncl Montgomery tthe deien'
danis' Iuuso)- - No, cir, We are mol
ready to plead at this time.
Judge zane--what lime do you
want?
Colnol Montgomery-Possloly ull
Monday morning.
Judge ZaHt-weli, then, Monday
next NJ 10 O'Clock.
Colonel Montgomery said he UNDER
stood that ihe Indictment found against
the 20 euuant- by a former grand Jury
WIS dismissed yesterday nud the chsu
n.iubmittrd to tie grand jury now Ia
ses-iun. lie supposed that tuat would
yacate tue uAtc VI tfial previously set.
lie simply wanted ~ have an undrr'
standing MS 20 hat
Judge Iaue-Ies.
ABOUT a FLOCK " sHEEP.
The iiist case (tr.ui bsiore jury
was that Of White & sons company Ut
this city v. a, NJ. WOOiiuy anu
Taylor n. Moolley.
For tho planuns Attorneys Arthur
Brown nud Lr dmnd Young appeai-
ed /; the doienuantH were represented
by Attorney CntchloW.
In December, 1889, the plaintiffs
began au action In tuis court against
James NJ. Michel, a. ID. RrynOida ~ u
a.. w. Merrill, doing business under
the firm name OF Michele, Merrill
Reynoiur. At that umo an attach
nont was itBued against the usirnd.
acts directing tue shtrln VI Togeic
county 10 levy upon a small herd Of
thvrp, located in the county named.
On December 9Th, II II AllUgod, l5O
head were taken possession %, but
when tue sherlI was about 10 seize tho
sheep The deiendanta agreed 10 hOl1
them subject 10 tie duciaiOn Of the
court la the ease, anu that u the sui
were decided Ia plniutils' favor they
Hhoul be turnbI over. In November,
1891, the case was tried aud went Ia
tho PLAINTIFF favor, they recovering
Judgment In The sum u s3lJ1 anu
u0stB, taxed al $40.
Piainuns then nllego that the de-
feliAuts, disftgarIing their previous
agreement, irauuulouuy took tue ahoUp
without their knowledge aud disposed
OF them, RppfOpfinting the proceeds 10
their own use. The sheep were what ID
,eTmod stock tot, part ewes anu part
wether-, anu PLAINTIFF aver that while
they were valued q. 500 each VA D..
ccuihcr, 1850, thc Increase since that
date WIS NJ least nifty per cgnt-221
lamta to tho $40 head VI sheep, that
thoy mad since been shcnfed aud the
wool was equal In value 10 S per head,
making siiJ worth, the lambs being
worth g. Oh, making an aggregate
value Vi $3.50, for which sum claim
was now made, with interest ~ ten
per cent per unnum since N0vembef,
1880.
The defendants have entered gon.
crAl denial 20 the ALLEGATIONS made by
Mcssrs. White a Sons.
Alter some time hal been consumed
Ia preliminary objections by the dt-
fouunuls' counsel the taking o. teeth
mouy was proceeded with, Aud tue
hearing was In progress when the
CourtHJj0uruod i0r luncheon.
Tue trial will last all Gay.
ADMITTED 10 olTIZESsIuP.
WIN. Vowlcf, an Englishmnn, now
resident of roOrlo couuty, was nj.
mitied 10 citizenship.
RECEIVER WILL TAKE NOTICE.
Joseph Coblentz ct al VI d. MeTleF.
OToer to receiver TO Invest funds ou
Interest ON surety approved by the
souIt.
CONTINUED.
The cases of John Bastian vs. John
A. Grorsbeck ct al, anu Spencer Claw.
son ct nj VI Arthur Blown were set
down for trial today, but When called
on were continued Indefinitely by con.
sent OF counsel.
n GOES OVER.
The case in which william Logan
and Elizabeth Nelson IRE charged
with adultery was 10 have been tried
IN COMMISSIONER Norrol's court this
morning, but on motion Of the proseCu-
ton It was continued till Saturday
next.