Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-09-13
IN ALL THE COURTS.
Justice ]. B. Blazers Name Comes
Up Very Prominently,
on A MOTION FOR A NEW TRIAL.
A Youth Charged with Burglary
Observation-Disclosures
Davis Execution.

In Inlti JuhAlCN AAIINlAAt ulNFlAu VI
the Third dttflct court today il the
legal argument on motion for new
trial In the case OF Timothy Sullivan
W. the Anchor Mining compauy. Suit
was originally brought by tho plaintiff
to recover the sum Of s25, 90 damages
for Injuries sustained by him while
working as miner In n tunnel In
the de'enJanls' mine, In summit
county, IN December, 1891. II was
alleged that owing to the unsafe and
Insecure condition Of tho roof Of the
tunnel portion Of the Same gave way,
aud the debris falling upon plaintiff,
broke his lott arm above the elbow,
crushed and broke his l,n Lex below
tho knee, aud occaslouoI other
bodily Injuries which connnoi
hrm 10 his bed Tor n period
Of Elk months aud since incapRci.at.
ing him Tor active duty.
Upon the trial, which took place
neiore Judge Miner (hu having come
down specially from Oslen for the
lurpose) In December, 1898, tho Jury
found verdict for the defendants,
Subsequently somo serious allegations
were made against J. Is. Blazer, one OF
the jurors VINO sst upon the hearing Of
the case. Thee were filed In the form
Of Biiluavils, anl given IN tire NEWS
Mt tnat time. They were presented
IN court this morning together with
BlAzef's answer thereto.
The atlantis were sullivan tho plain.
ia, Attorneys Tom Ferguson, d.. n.
Slraup, Gerald Jsckson,auI Charles II.
Human, one II the twelve JUROR.
Sullivan declared that BliZ'f was
warm personal friend Of David Keith,
who was financially and Otherwise IN.
tefested In the casc, being u member OF
the dciendant corporation, aus that he
tdulllvan) did not have n gGud im.
partial trial.
Ferguson, In his AFFIDAVIT, said
Blazer came TO him ami informed him
thnt II he had any cases In the Third
district vhilo the then existing panel
OF Jurors WIS In service, he (Blnzef) for
small consideration could "nK" the
Jury aud get any kind OF u verdict de.
sired.
Jackson deplscd that he was present
whom the ABOVE statement was made
~ Blazer.
Juror Human, ore OF the three
lurors Ia the minority, depotei Ne TO
the verdict In the Case having been
fouid hastily aud without duo de.
liberation.
In hisanswer Blazer now states that
In ha "A "a q nj
sullivan, Ferguson, StrAup aud OtheTs.
Ito never In his life, he says, asked
John Harris TO 20 TO Attorney Brown,
to defendant, or any other person, aud
ask TO have him BLAZER retained upon
the jury. IL was not true that he
said he wanted % do Keith
ptmo good II he could, nor
did lie request Harris TO tell Mt.
Brown that he "Should maze Pre-.
tended examination AZ to his quAlih.
cations or competency" In short, the
whole purpose, Intent and aim OF Sui.
livan's Affidavit was false. When lac
(Blazerl entered the iuty.box he was
mot pTrludiced or biased Juror, anu
no had not the slightesl feeling
against the cause Of plaiuiin. The
H1idayitOf Tom Ferguson was absolute
~ false, and, adds Blazer, "ihe char.
acler Vt Ferguson ought TO De enough
TO be- an answer 10 II without my
OATH" He never said Ruylhln. to
him about "HNlug jury" and
branded Toms afiidzvitas ga fglsshOOu
from one end 10 the other"
Tne motion for "a new trial Ia
based upon the following grounds:
% Misconduct Of the Jury, (2l acct.
dent ami surprise which ordinary pTu.
dencs could not have guarded against,
(3) newly Undiscovered evidence material
for the plaintiff which could not with
reasonable diligence have been dis.
covered and produced nj the trial, 90
insuillclency OF evidences TO Justify the
verdict ami that u IL against the law,
lb) errors In law Rccruing ut the tflai
ana excepted 10 by plaintiff.
q. 3. Narinu and Juige Powers are
attorneys for tho pialntil, Sullivan;
Brown h Henderson represent tue
Anchor Mining company.
The arguments are expected TO
occupy long time, aud II Ia hardly
likely that tho case will DO submitted
until late tomorrow.
OTHER ORDERS.
q. II. Potter Va Josiah Nichols. Mo-
ton for judgment ON the pleadings
sustained AMI judgment ordered.
4. T.. Barrett VI. II. Il. Pettingill.
Motion 10 dismiss appeal argued anu
OverTulet.
Utah a Wyoming Improvement
90. vs. Thomas LAnktree. Attorney
J. l.. Rawline, for the defendanls'
presented the proposed statement on
motion fOr new trial, for settlement.
but the court was unable at this time
to take 1t up.
EATURALGzED TODAY.
Judge Merritt natural zed tho fol.
lowing today. Allafe residents OF Salt
Lake! Andrew JohanHsn, Francis
WheelhOuse, William NJ. Sheppard,
Robert Milne, Nlrla Nelson, Hiram
Mounteer, Andrew w. Anderson,
Mngnus SweuCOu, Charles l.. NJ.
Milne, Alder, UDgor, Henry q. Carl
son, Edwin DAyey, August T.. Carlson,
Charles IL. Buxton, Arthur Davis,
Arthur II. Bail, John Allen, Oge Nil.
bon, Henry ID. Mcdonnell.
ToDAY's PROBATE COURT.
Estate OF william j. Woodbury., de-
ceased. Hearing ON return Of salv Of
real estate. Order made confirming
bale.
Estate OF Christopher Merkley, de.
ceased. Hearing on order 10 show
cause " by the order appointing w. O.
Hall rs special Administrator should
not be revoked, continued I'll Sep
TENDER 18Th.
Estate Of Joshua Robinson, deceased.