Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-05-29
BEFORE JUDGE ZANE.
A Pointer For Witnesses Who Neglect
10 Speak the Truth.
AN EJEcrMrSr SUIT ARGUED.
Small Matters Which Come Under the
Head OF Northumberland.
lus Nelson's Bond.

when Chief Justice Zane took his
seat In the Third district court this
morning he gave his opinion on the
motion for new trial In the case oil
V. NJ. e. Silva va w. L.. Pickard ct nj,
argued and submitted one day last
week. II was an accounting trans
action.
His Honor made some rather
pointed remarks In ovefruling tue
motion. lie said-The testimony Is
very conf Letting "a TO some OF the
essential facts, and 1t Is unfortunate In
tucn cases that the human mind can
not see beyond thv mere statements OF
the witnesses ana know the truth.
The evidence, as 1t appears In this
statement, Is very unsatisfactory TO my
mind, anu while am not thoroughly
clear, or satisfied, that the referee has
reached the right conclusion 10 TO the
iacts, IN view OF the testimony unuer
the rules governing motions iOr new
Trial, do not ieel authorized To now
grant new trial; though II the case
nad been submitted 10 me originally,
am not sure that | would have reached
tue zane CONCLUSION. The motion Ia
therefore overfuled.
Attorney Thomas Marshall took M
exception to his honof's ruling, ON
lehaif OF the defendants, ny whom the
application Tor n new trial had been
nialc.
lIhe referee In the case was Altor-
npy Waldemar Van Coti.)
MISCELLANEOUS.
In the case OF Guy &. Royce va Salt
Lake City, the defendant was allowed
nil June 10Th to answer.
Henry Dinwoodey vs. j. +. Mitchell
vt al. Default. Decree Tor Frank
Knox on the cross complaint.
Ar Lambourne, administrator, Va
Joseph Rogers ct al. Default anu de-
cree entered for plain,ii.
Joseph NJ. Stout VS.. III. ii. Edgar
ct al. Dismissed rs against the de-
PENDANT Osborne without prejudice.
Decree Of foreclosure in favor of plain
tiii.
hichard T. Pcltingill, administra.
tor, We the United States Mutual Acct.
ueut ass. citation. Motion Tor a stay Of
proceedings act for hearing on Satur.
uay.
Lillian Trimmer va Blackhurst ct al.
Motion set for hearing June LIST.
L.. Il. Hitch VS. VIM. Pattmnn ct al.
Dismissed MS TO the defendant VIM.
Pettman. Judgment for plaintiff Tor
slSi7.l0 as against the other de.
PENDANTS.
The divorce suit Of Robert PhiIpot
Va Ellzabeth PhiIpot was dismissed by
consent.
Benz. Flrman vs W. J, Pace ct nj.
Allowed until Saturday TO III. motion
to vacate dismissal anu making show.
ing anu stay.
Adolph Appelbaum ct nj Va g. NJ,
Brown. Leave given TO amend com.
p whins ~ n snN anu '"eh'y uays III
An E'EofMENT SUIT.
The first case argued was that of
Amos II. Fielding vs. Thos. McEvoy
G ~, an o,,y =. Aosms appesrlng
Pierce tor the defendant. A Jury
WAS waived and the case argued
On the statement Of facts Iiled,
IL was suit In ejectment.
laintitf praying for n decree OF
the court for the recovery of the 3os.
session OF the west half Of lot o. block
:, plat a." Salt Lake City survey,
on the ground that on or about June
IlIh, 1883, the defendants without any
right or authority entered upon such
premises and ousted pisiniiH there
from aud have sinoe held po,session.
1t was also asked that any supposed
lien which certain OF the de.
PENDANTS might have upon the property
,,,atn,j~ ,a nu ann so.a, anu ns'
gether with costs Of Guit. His honor,
after listening to the legal arguments
TIL the hour OF adjournment at noon,
found for the defendants.
.,,r ,.,,rv,s -. ,vo, ,o,n
'"N''" '"Npor'
Another day has been occupied he.
fore Referee II. IL. Williams with the
taking OF testimony In the Parloy's
canyon conduit suit.
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