Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-26
IN THE TWO COURTS.
Judges Zane and BaTlCh Give Att0n.
lion 10 Third District HalleTs.
ACTION AGAINST A MINING co.
Tho Sum Of $50 900 Demanded for
Mans Life Tho Whltmore Con.
tempt - Claim for Labor.


Chief Justice Zane mud Judge
Bartoh both held court this morning,
the former aitting In the Third district
courtroom aud tue lattor-for the fur.
Their hearing Of the Whitmore con-
Tempt case--in thoSupreme courtroom.
Up TO the hour oi adjournment for the
noon recess nothing very remarkable
han tfanapifrd, neither I'D there seem
10 De n prospect ui any thing startling
oNurring turing the balance Of the
g. ~ setsion.
rhe following CAGES came under tho
personal observation Of the chief jus.
lice;
THE INJUNCTION pENiED.
In the case Of a. J. o. irving Il al
w the Fortleth school district, tho
application for an Injunction On al
ngfocd statement Of the attorneys was
dtuiud.
CANNOT HAVE A NEW TRIAL.
Louis Hyams ct NJ vs. simon BAN.
berger q; al. Tue m Diion for now
trial was overfulei.
SUMMONS WITHDRAWN.
Goldberg VI Ferguson. Leave WIS
granted 10 withdraw tip SUMMONS Tor
further service.
ADDITIONAL TINE.
In the suit Of Jack Bolton VI Hyrum
Oiorsh'ck, ten days additional unie
was granted 10 filo statement on motion
Tor new trial.
THEY LEr IuM 90.
The charge against Y. T.. Moulton
OF obtaining money by false pretcnses
was dismissed ON motion OF tho United
States attorney.
INV JuWYNES.
A epoo nj venire Of twelve Jurors
was Issued, ruiurnRble forthwith, ns
follows Aibsrt Mabcy, South Jordan;
John Paftiu, Bountiful; Samuel Nc.
Linden, salt Lake; Frank Chambers,
Pleasant Grove; w. q. Fisher, Coal
willie.
An open venire for six Others was
also lssued.
n sTopPED SUDDENLY.
The case OF Hiram J. Cfandall vs. II.
II. Bully ct al was called for trial
before jury. The action was brought
10 recover s2TOO for labor y, riormed and
sis ON assigned accOuntU, making
total Of s2Sl3. Tho defendant denied
his liability IN any particular. When
! NhN ahHAhk EAoNN'A'A y fhHAh
time, p.nintln asked leave 10 amend
and the caHo was therefore continued
for the torn at his costs.
KILLED ny A CAvE-IN.
The next case ON trial (also before n
jury was that Of Martin Larsen, nj.
I ministratOr Of the estate OF James
Larsen, deceased, vs. the Tintio
Mining company. IL was an action 10
recover 100000 damages for tho death
Of the plaintiffs son, alleged TO have
been caused through the negligence Of
tho defendants, who, however, 10
! their answer, denied the allegations OF
the complaint The plaintiff was
I represented by Attorneys w. IL.
Dickson AMI w. g. Hall; for the de-
/ PENDANT company Attorney Waidtmar
Van Colt APPEARED.
. On April lSi, 1892, the deceased,
, James Larsen, who was about 80 yuArs
u age, was employed by the defend.
ants Rs miner. While wording with
, his horse aud team, oartinR away dirt
from u tunnel which was In course Of
excavation at the Iron mine, Juan
county, the earth suddenly caved In
/ AMI young Larsen was buried ia the
debris. His neck anu back were broken
and death wAs almost inst ntaneOus.
IL 10 claimed that the accident was
directly due 10 the deiondanls' negli.
gonco In not having the excavation
properly timbered and protected.
the wHITMORE CoNIEMPT.l
In Saturdays isfus Of the NEWS full
, particularly ere given Of. he contempt
proceedings Institute eg dnst George
T.. Whitmotu OF Nephi, the hearing Ot
which began before Judge Hartch, an
4 adjournment having been hktu Mt
, noon until this morning, when the
matter was again gone into. The TAX.
: Ing VI testimony proceeded up ~ mid
. day, anu a recess was then had Ill
. pm.
When the prosecution rested Just
before noon, Attorney Narian moved
10 Introduce the files Ia evidence, but
= Attorney Arthur Brown, for the de-
/ Tense, objected TO the decree being put
. In evidence, on the ground that IL did
Z MT CONFORM 10 tho issues 90 DO
/ Rdjudlca cd upon; further that II WIS
. not the decree OF the Third district
, court, as It pretended 10 be, Us II had
/ never been transferred from the First
DISTRICT
The papers eventually went IN,
subject 10 objection,
Attorney Brown then moved for the
Defendants discharge, on tbs ground
! that itbwas apparnt no contempt Of
T.. court had been committed ana that
, there was no evidence TO warrant this
examination; further that the de-
lerdant had never been served with
any copy VI they affidavit upon which
the writ OF attachment was Issued.
There was no proof he insisted, that u
copy VI the decree had bssn served
upon him.
Tho court declined to allow an
argument upon these points at this
stage Of the proceedings; and 30 the
defense sailed In with their side OF ths
, case.
/ There was Just another little passage
Of arms during the mornings inquiry,
Attorney John NJ. zane was putting
! certain question to one OF the witnesses
when Attorney Brown Otjectedi
D whereupon Mr.. Zane politely Ge.
; quested counsel to wait until he had
hnished
( "No, SIR" was Mr.. Browne repiyi
: "the question has to be ruled upon
right now"
Mf. Zane-Not until I've concluded
| my question,
: MIR. Varian said no would like to
know who wBs the court, anyway,
: aad Attorney Brown volunteered the
!. Information that II was not John Nj.
Zane.
| M ,..t,K ,yaa r,,Iad nnou md tho