Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-02-25
THIRD DISTRICT COURT.
A D0FollCt Defendant Surrendered by
Ills BOndSmen Today.
MILLER WANTS A NEW TRIAL.
The Jury IN tho Brownell Forgery Case
Dlsagrec.-Trials Of Burglars.-
A Horse Steaier Convicted.

HtHlntuH btdNtu tihN h9lhb hhlh uEl lnh
bonds Of Frank Ejgington, charge
with attempted arson, were declared
forfeited. The accused's bondsmen
bad, however, now brought him
into court aud counsel asked that the
forfeiture be set aside ut this time and
the defendant placed In custody.
EdgingtOn, n laboring man about
twcnty.three years Of age, was ordered
~ stand up for aTraignment. He plead
not guilty to having Attempted 10 fire
tae dwelling house OF John r.Walkef,
on March nth, 1902, about midnight.
Being without means to employ an
attorney, the court appointed Gleason
s. Kinney to defend him.
TO BE HEARD MONDAY.
This was the day ret for sentence
UPON Frank Miller, convicted last
week Of omb,zzling householi goods
entrusted 20 his keeping MS second.
hand dealer.
Attorney J. NJ. Hamilton Intimated,
however, that he had prepared
motion TOT u new trial aud would like
tohrguo II.
Assistant Prosecuting Attorney
Stephens told the court there wap really
no ground for the motion; 1t was slmp.
ly based upon the impeaching Of the
yeracity Of witness called for the
prosecution.
Mr. Hamilton rejolned that that was
simply part VI the motion. lie
malnlained, IN spite Of tho law to the
effect thut the mere impoHching of u
witness was not a sufficient ground for
a new trial, that there were exceptions
10 that sort OF case.
Attorney Koener (who defended
Miller upon bis triad said there were
certain iActe and circumstances In the
case which ho thought wero worthy 81
the COURTS confederation on this appli.
cation by Mr.. Hamilton-mOre par
ticuiafly aB 10 whether the verdict was
Juaiiilable under tho law, and, further,
whether IL WIS Justified on tho evl.
dence.
Judge Zane said no would hear the
Arguments ON the motion next Monday |
morning.
Meantime Miller remains out on bail,
as before.
THEY STOLE HORSES.
The trial Of VIM. Golden TOR whom
Attorney Martin appeRreu), ON
charge Of stealing ons black and one
bay horse valued mt $3.50 each, the
property OF Mount * grimm Of this
city, on Dec. Bird, 1893, was resumed. |
james McMurray, the defendanps
accompllce, plead guilty yesterday and
has begun to serve "a two years sem
tence IN the penitentiary.
The jury found Golden guilty and
sentence will be passed next Saturday.
10 EFT Aside DEFAULT.
In the case OF Joseph Holt vs.. O.. l..
Pearson, the hearing on motion to set
aside default was fixed for Saturday
next.
DEMURRER WITHDRAWN.
The Continental Oh Co. va. the Utah
Central Railway Go. In this case the
defendant Withdrew his demurrer anu
twenty days were allowed Ia which
10 answer.
EXCUSED.
w, IL. Young, petit Juror, was ex.
cuaed.
SUBMITTED.
In the case OF Ezra Thompson ct nj.
70. David Keith Ut AL, the settlement
DI statement on motion for new trial
was suhnitted, and twenty days We're
allowed TO reingross statement.
CHARGED WITH ROBBERY.
J. J. Gibbons was placed on trial this
AFTERNOON on charge OF grand lar.
ceny, which consisted OF the alleged
sealing Of IS and silver watch [
nom ono John Robinson, on NOvem.
yer END, 1892. The defendant,
well'dressel man about % years Of
1age, was represented by Attorney Il.
~ Barker. Assistant District Attorney | 4
nWphelH prosecuted. Tho complain.
wv ~ ana defendant are miners, and nj
'he tlme OF the theft Robinson was Z
laying at the Clift House. IL appears q
nav ON the night In question, being a
,uo worse for drink, he invited Glib. I,
!, gV ID, mo MS room, and the allegation
= uat Whilo there the defendant com. u
nIleu the robbery. The case Will d
''"oh INC jury late this afternoon. v
JUDGE BARTcn's DEPARTMENT. "
inc Jury before whom yesterday n
peluoon was tried tbs case OF l.. n. | d
L. Nuelii charged with forgery. retired q,
~ Vousluer their verdict at 8 u. m.
D. s,yay ana were under lock nnd key ~
sl night, with tho watchfIl ~
~ OF court balm upon them. u
r NJ huufs wore slowly away, Saturday "a
mi mug uAwned anu the Jurors were
Nj. sI on an agreement ~ ever. ~
neh we court reassemblod Mt 10 am.
,,y u was reported that they were III
NV, NV \" arrive ut verdict, and that ! A
" III "Is no prospect OF their doing \,
hsn, Hohor accordingly Discharged ~
IA 80, ~ Jury stood nine for acqultlal and tii
III favor Of conviction. al
IN nrs N,ost likely that the case will :,
river TOT tho term. u
al ascendant IL ACCUSED Of forglng Ia
any ,ueGh ior sos, In his own nyorl M nc
NJ ~ n,afing the alleged sipnatura oi pu
N1,loIge II. Blair OF tho Anlt LIZ, "a
gas ~, during the morning Browueu OF
slnll'led to bail on his own no. ~
REsCiSDED. q,
4 al W. case Of Pembroke Va. Reese an
.oiplionao order heretofore made IN. II
HI rI"as attorney j. Ii. Hurd r.feTi 50
tseipSsto Judge Anderson was now aI
"ueu' cx
THIRTY DAYS. STAY. IN,
II i6i siSn 1 Ct 81. Vs. Thompson. s,ay at
Istve !. Jays allowed 90 propnro NM ,rc