Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-01
JUDGE zANE'S COURT
A Jury AilsT Celebrating Far ln.o
Tho Night Cannot Agree.
ALLEGED FRAUDULENT PLANS
Notions on small scalc.-Court Notes
on Various iiatlors.-Thc Pnrlcy's
Canyon Conduit Case.


Canyon Conduit Case.
The glorious uncertainty which at
tends the deliberations Of turtles was
sSs!n cxcmpllhol In tho Third die.
irlct court this morning. For two
whole days three ot four attorneys
laootcd hard Ia the interests OF thnlr
respective clients ON the trial Of tho
oatc Of Tom Fcfgupon W George Mics.
olson a mass Of testimony was taken,
legal oraiory reached high alght,
ana when Chief Justice Zano had
Charged the Jurors late yeslorday after.
noon he instructed them to bring IN a
sealed verdict. The twelve discussed
the pros aud cons until midnight, whom
V became evident that an agreement
was out Of tbs question, and whom court
opened today the foreman announced
that they could not agree upon n yor-
iiCt.
Judge Zane, having regard 70 70
much wastci time, discharged them
with some show Of reluctance.
The facts Of this case appeared In
tho NEWS OF Monday. Plaintiff
claimed that tho defendant was IN
tebtcd to him In the sum Of about
.9Oo, alleged 10 have been paid out by
Fcfguhon while nc.ing a. Nicholson's
sgonli but tho agency was absolutely
denied.
FRAUDULENT REPRESENTATION AL.
LEuEp.
a Jury was ompaneloi Just prior 10
the adjournment OF court yesterday
nitctnoon 10 try the action brought by
y. =. Dalton (ior whom Attorneys s.
H. Lewis 4 Gunter appuafod) against
4, NJ. Musscr. The ueivndaut was
represented by Attorney Baldwin.
ihe hearing began this morning.
On lho side VI the plaintiff II Is insist
oil That Mi. Mul1er n indebted TO him
IN the sum Of $1,000 on an assigned
pr0mitsofy note, executed June .,
1891. Defendant admits The EXECUTION
q the note, but alleges that IL was
secured from him by fraudulent repre-.
sensations. The note was given for tho
purchase Of $500 shares Of stock IN tho
Dalton Gold Milling and Mining com.
pany, but Defendant avers tnat It's
worth was greatly exaggerated by
plaintiff. Therefore be praya that tho
suit be dismissed aud that The plaintiff
be ordered 10 return 20 him sixty shares
IN the Peoples Equitable Coop ana
two shares la the Central Hotel com.
pany, which are held As security Tor
the payment Of the note In question.
Both sides sovm resolved upon maxi
INK mn energetic light, aud when the
court adjourned at noon this prospects
were that the case W III consume tho
balance Of tue day, nj ioast.
GENERAL.
In the matter Of the estate Of Mat.
thew Condor, the sult was dismissed
on motion Of Judge Judd, Tor thero
spOndcuts.
Martha Turner VI Wells, Fargo s.
Co.tand three other oAses). The motion
OF the intefvenor % TeiaN costs was
denied and an exception taken.
Lillian Trimmer W Blackburn
Bros. Motion 10 dissolve Injunction
was rot for hearing ON Saturday, the
10th inst.
NAAA hts n AANh AFFAIR."
Referee T.. l.. Williams took another
turn at the Pafley's Canyon conduit
litigation this morning.
COURT NOTES.
For the last few days business la the
courts has been abnormAlly quiet.
Tomorrow (lhat II II the civil list
Ia concluded, aud the last cases IA now
ON trial., Judge Zane will turn his ut.
tenton T. several criminal cases.
1t understood that Marshal Brig
ham viii enter upon the uuties OF hia
0illcr on or about July let. Until then,
Of course, the retiring marshal will
mold 10 the reins.
Who 10 10 be the next chief Iustlce
and who tho next clerk Of the Third
district court are now among the
questions heard round the Dolly build.
ing. There Is lots u speculation.
There is general hope expressed
among habltues Of the DOoly building
that, al least, one faithful old servant
will be retained on the NEW Marshaps
sipn when the general "shAking upn
takes place. The individual In ques-
NlNh AAahAlH ~ NAt name OF IlAn
Swami, who IL an adept At the clerical
work Ia which no has been 70 long
engaged there.
a secondhand dealer OF State street,
named John r. Johnson, was to have
a preliminary hearing IN Commits.
sioner Greenman's court this aftor-
noon on charge Of disturbing the
peace, X. J.. knudson ana wife were
the people chiefly "disturbed," and
they lodged the complaint. When
defendant was arrested last evening he
entered iuto his own reoognizance TO
appear today, sfter pleading not guilty.
Two young girls named Lizzlo
Gardner and Jennie Rogers, awaiting
trial on a charge OF fOTnication, nave
toeu released irom the penltentiary,u
the application Of District Attorney
Judd, II seems ladies representing
the WCmau's Rescue Mission IN this
city have promised to take the girlt
Into tho home, tue latter being anxious
10 enter there,