Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-23
THE SUPREME COURT
Chief Justice Ntrn,rs OPTION 10 tlo
Nellie Berlin Case.
THE COMPLAINT or A WIDOW.
George G. whiimor,'. appeal Once
Mltc.-iw1 Attorney, Admitted.
-Olher Matters.

The Territorial supreme court IN.
ished H. work this afternoon until the
june term, tiil which time an al.
iournmon, has been taken. The To-.
lowing business formed the last days
program:
NONE AlToHSErs ADMITTED.
Attorney Baldwin moved the mis-.
ZION Of Mr. bradford y. G. SLOT, Of
Indiana TO the bar Of this court, aud
Attorney J. II. M5yle moved the al
mission o. ML W. G. Jennings o,
Massachusetts.
Both applications were granted.
DESEn.
In tho case Of Thomas " Spring.
willie CITY the motion 10 ax bond
was denied. Hsmitiitur stayed thirty
Jays.
Tojand We Corey. Motion to modi.
fy decree denied. RemltlIiur ordered
Issued.
TnE NELLIE nERLfS ArrEAL.
Que opinion was handed down this
mgruiuE. 10 was In tho matter " the
People ~ the Territory W Nellie Der.
IN appeilnnG aud Chief Justice Mcr.
| rlil acted M the cOuft's muuthpiccc.
In this cause au action affirming the
/ lu igmout Of the disirlc, Caurt was rem
utrcd by tX-Chlof Justice Zane, con.
CURED Ia ~ Judge Bartch, on Jan.
2ifd VI tho present wear. on Jan.
20th dissenting opinion was read 10y
Judge smith. a petition ijr
feheat q was filed by the appel.
liant which by lhe court was 10.
iorrod to Judge Merritt ha tile sue
ctss0f Of eX.Chiei Justice Zane. The
cause was originally submitted without
oral argument, anu the district at.
tOfney had asked that the matter be
finally disposed OF on the petition Tor
feheanng.
Owing 90 the peculiar character Of
Tho ease, AMI the fact that conflicting
opinions hai already been filed, hi
honor now raj he had carefully ex.
amiutd The question presented by tho
appeal, The whole controversy arose
upon the Instructions given to tho
| jury, AMI he was fully convinced that
those instructions might have mieled
them. Tue charge was certainly con.
Il cling, ms shown In the opinion Of
Judge smith, aud the great weight Of
authority was 10 the elect thatw here this
chefgu was conflicting and erroneous
4 lht material part the Judgment must
be feytneI. In addition TO the au-
thOrtles 10 sustain this In the dissent.
lug opinion Of Judge smith, his honor
/ Judge Merritt found that no court had
| gone further than sour 0wn.D In the
uase Of the Pe0l lc VI Hancock, TN
| Utah $50, this court, speaking by
| Justice Miner, said: "WLefe conflict
| ing charges are given, one Of which IL
erroneous, II Il 10 be- pfstumud that the
/ jury may have followed that which II
erroneous" Az examination uf that
case would show that the conflict there
under consideration was Ia the charge
relative 10 the character OF the de'end-
aut, aud not In relation 10 the eiTcum.
stances u the charge against tue
defendant az oil; aud yet that
case was reversed on acc unit Of
this conflict Hls honor was OF
| opinion that fehearing should DO
granted, the decision reversed anu
tue case romnndtd Tor new trial.
Judge Smith oJncuTred.
This In the 'XiraOTdinaTy case tho
particulars Of which have already APP
! peaftd Ia these columur) la which au
alleged conspiracy Was entered into ia
Nebef county " murder a woman Tor
the sum Of 500. IL was heard in Judge
Miners court.
a wIFE's PROTEST.
Sophia Valentine Benson, plaintiff
and appellant, Va Nicholas Anderson
aud Ncphi Anterior, defendants anu
respondents.
This was tuit In equity, commenced
IN tue Fourth district court In April,
1891. Plsiutiti described herself us tho
widow and heir nj law OF one Bengt
A, Benson, deceased, ana alleges that,
as such, II was her right 10 administer
On Ills estate, but that through tho
frauds OF the defendants sue
was deprived Of her rghtiul
duty. She prayed, therefore, that tho
proceedings had IN the matter In the
probate court OF Box Elder county be
declared void ana act aside. The case
was referred TO Attorney Jesse II, bar
ton aud alter a full bearing he fguHd
that the plaintiff had no right, title, or
interest Ia tho land Ia controversy
(lwenty.One Ectesl Or any part thereof.
On this the appeal comes up.
wnES WILL ~ sTuH
Tho Old, old case Of l.. A. Scott
Elliott, plaintiff anu respondent, W
George G. WhitmOrr, defendant anu
appellant, once more came W, the
cause having In Il six different Appoals,
all spnnglng nom The same SOURCE
tue primary right 10 certain waters Of
Grass Trail creek.
The court adjourned this afternoon
until the juno torn.
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