Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-04-12
THE LEGAL CIRCLE
"Red" MCDsrmOtt Tells The Court
He's Not Guilty.
DISPUTE CONCERNING A HOUSE.
The appointment Of Receiver 10 Take
Charge Of The Driver Mereau.
tile Co.'S. Property.

At ten O'Clock this morning Chief
Juetlcc Iano took his seat in the one
division Of the Third district court and
resumed work ON tho calendar Of civil
Jury cases, Judge Bartch holding forth
In the other chamber. Up to the noon
hour nothing Ct my special public
Importance ,ranspired. Prior to enter.
ing upon the ordinary work, Judge
Zsuo had befjre him
THE "RED MAC"
John Commons, who revcls In the
alias Of cred" McDermott, was mr..
raignod on an indictment for burglary,
waived the reading Of the same, ami
plead not guilty. On his trial he will
be defended by Judge Judd. The
defendant is nota man Of prcpossessing
appearance.
lIiE DRIVER REcEivERsnIp.
Tho question Of the appointment d
receiver 10 take charge Of tue pro.
pefty Of the Driver Mercantile CON.
pnuy, under the recent assignment
the htm, then came up, Attorney h.
Is. Stspneus representing various
creditors aud Attlrney \. IL. Lewis
appearing on behalf Of the assignee,
MIR. Remington.
Mr.. Stephens Informed the court
| that MIR. Lewis uuI himself hAu
agreed upon Arthur IL. Parsons / act
Us receiver; but It was Or his Honor
say whether he RpprOvei Of he choigs
Of that gentleman. Ii was also for
tue court 10 fix the amount Of his
| bond.
MIR. Lewis suggested that 1t be-
/ placed at from sl5, 900 10 $4,000.
Mr. stephens satd the inventory
/ prepared by the assignee amounted TO
/ $1,000 for tne stock, while the face
/ value Of the book accounts would
probably be $4,000.
The court appointed Mr.. Parsons
receiver aud fixed the bond ut 5000.
Mr.. Stephens then said the Driver
Mercantile company was organized
last June, anu on March eth Of tho
present year assigned, preferring
creditors whom counsel alleged TO bo
private creditors Of Il. II. Clute, man.
agcr the lIts ftm, and not Of the
corporation nj nll. He, as representing
numerous cred tors under the attach.
meni, now desired ~ attack the validity
Of the assignment, which matter would
Of course be tried either by the court or
"a f,fsre- when the case came up In
regular order In the reoeivorship suit.
MIR. Lewis claimed that the property
belonged TO the assignee at the present
time, 10 carry out his trust; whortupon
Mr.. stephens observed that the real
| nj Ne A.
recrivership petition, II belonged to the
assiL nee or the creditors.
A. counsel ON either ide could not
agree m to the terms Of the order upon
which the receiver has been appointed,
tho matter went over temporarily.
DISMISSED.
j. II. Nitbau ct ul. W. l.. ID. Amos.
This case was dismissed, each party
being ordered to pay his own costs.
Cg-or. vs.. ALLEN.
In tho case cr the Coop. Furniture
company W. Katherine Allen, motion
| Tor q cont 'nuance was ma IT,. IL was
not gfauted, however, the uhder,tand.
Ing hriug that, n possible, the matter
would come up this f.ernoou.
AHOuI HOUSE.
William ii. Roy, laintiil,vp. Frank
McGurrin ana IL. l.. Darling, defend.
ants. Tnis was the title Of tho first
case, which was tried b, fore Jury.
Plaintiff was represented by At
torneys Reilly, Kane and Harrls; At
| tOrney w. IA. Dickson fought single.
handed, on the other side, against
/ that combination Of legal talent.
twas alleged by Mr.. Roy that he
purchas9i a lot from the defendants
on March 18th, 1891, aud that u house.
was built upon II. Ho oontendsd,
however, that In II, erection the de-
fendaLt, depaited from tle speciiloR-
/ tions, and fl us he asked DANA 700 In
tue sum Of $500. II was Insisted, ON
/ tlo pat Of tue dgfsndliti hosoyer,
| thbt they futbfihy peffirmed their
share uf the contract, anu asked tnht
the su be dismissed, with cot. They
| flitlrr Il lted that the lplaintli
accel ri aud paid fjr the property M
peT agreement, ana thit this suit
sprang out ( ant tier mater.
The hearing was still proceeding at
3 O'Clock and willprobably last all day.
BEFORE JUDGE BARTCn.
Tho arguments In the case OF Henry
Buws VI. ID. Hirschler Il Co. occupied
the entire morning In Judge Bartoh's
court. This h the third day OF the
trial, which arises out OF an alleg cd
breach OF engagement.
The case went ~ the Jury at noon
and they were still celebrating at 3;l5
y, M.