Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-02-02


Inc the case OF Margaret Isabella
Unander VS.. George Connolly, tried
and submitted yesterday. II was
alleged by tho plaintiff that one
Richard Golightly died about twenty
years ago possessed Of certain property
In this city, md that sho wss one Of
ten heir, and entitled 10 q one-tenth
interest 10 tho same. Certain persons,
appointed administrators of Golightly,
were given deed by the then mayor
Of Salt Lake, to the property In trust
for the heirs OF the decedent, including
plaintiff, and II appeared that the
administrators at later date conveyed
the same to Elizabeth Connolly,
through which the present defendant
secured his title. Upon these allega.
tons the plaintiff prayed that she be
adjudged the owner o. a one.tcn,h
interest In the property aud the do.
fendant ordered to executs to her D
deed thereto. The defendant denied
every allegation aud alleged that the
plaintifl,s name was Intentionally
omitted from the will.
His Honor reviewed the facts set
forth during the hearing, remarking
that while Golightly did not have n
deed to the property, 1t hai been
clearly shown that bis administrators
received one from the mayor OF the
city at that time; and as Gollghtly
owned the property he could will II to
whom he pleased, and omit the
plalntiff II he NO desired. His Honor
was OF opinion that Golightly, having
this p1sscssory interest, aud having
properly filed his claim, had the
right to dispose OF the property by VIII.
He held that tho equitable right under
the will--which had been admitted to
probate without attsok-wls vested In
the devisees and gave judgment for
the defendant.
a thirty days' stay was granted to
file statement on motion for new
trial.
TWO YEARS OF MARRIED LIFE.
Rosalind Foenan, n good looking
young woman about 90 years OF age,
and who held an infant In nor arms,
went upon the witness stand and gave
testimony with view OF securing n
divorce from her husband, Cepbas
FoemRn. The ground OF complaint
was failure to provide.
Plainhf's attorney was 3. w.
Dlrke.
Cephas, the neglectful husband, 10
ty,iadea stonemasou, anu capable OF
canning, II Ia stated, 81 a day when he
chooses to work. The parties intermar.
Ned In this city on May i7th, 1890,
Mabel Clair, aged two, In the issue.
Mrs. Foemnn informed the court that
her husband deserted her on May 3rd,
last year, anu had not since contrl-
bute1 cent toward her support;
neither did she know where he now Is.
They had resided up TO that time Mt
saltair. lie on the date named went
into Salt Lake, ostensibly TO purchase
some household furniture, aud gave
her no idea that he would not
return, but she had not seen him
since. She had learned tho wever, that he
called upon an acquaintance, expressed
his intention OF going to his mother in
Massachusetts, and said he never
wanted to set his wife's face again.
The plaintiffs mother, n resilient Of
Saltair, having given c0rroborative
evidence, the court granted the decree
and gaveIMrs. Focman the custody OF
The child.
ONLY TEN CENTS EACH WAY.
Attorney Martin applied to the
court TO grant him an order to have
brought down rom the penitentisry,
on Saturday next, ID. V. Diamond,
who has been indicted for AN alleged
fraudulent use of the mails. Mr..
Martin and Attorney Cherry are the
accused's counsel, and the object
sought was an interview with tneir
client.
Judge Zane suggested that II coun.
selwantod TO see Diamond he had him.
self better go up to the penitsntiary.
The car fare would be- 20 cents only,
whereas IL would probably cost the
government IS to bring the man down
70 the city.
"But," said Attorney Martin,
"here's the difficulty: Visitors to the
penitentiary are allowed twenty min.
utes only for an Interview. That's the
rule there; and should probably want
longer than that"
"rhen," observed Judge Zane, "you
had better apply to the U. ). marshal"
Two MINING COMPANIES SUED.
The fret case called for trial wa,
That OF William Mcqueen tine new
county sheriti) Va. Henry W. Law
renee, Francis ID. Cliit, l.. w. Clark,
simuel Pollock anu Patrick McA fee.
IL was al action by the plaintiff TO
IoTeciose mechanics lien against the
owners OF the Northern Light and
Monarch mining claims, situate In the
ophlr mining district, Tooele county,
iVf Iabor performed. Attorney Frank
HOLMAN represented the plaintiff;
Attorney Arthur Brown appeared IN
he Interests Of Lawrence Cilt, Clark
aud Pollock Reilly and Harris ami
Afee.
~ Is claimed that Ia December, 1891,
aslehaei Shaughnessy was In possessio u
we properties named anu working
ue same under contract with thu de.
ehusnts to this action, 10y which 1,
wM stipulated that ali the expense OF
working anu developing the claims
should bo paid out OF the sale of the
~ ueIivei and the balance paid "
e ueisndanls; that under the contract
ra, anu other persons performed
V.hin labor Ia the mines; that the de.
nuah's received proceeds OF the orr
anu appropriated tho same 10 their
,wp use, but that the plaintiff and
,nVse associated with him were not
w Ior their services. Plaintiff SAYS
~ oegan work as n superlntsndent on