Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-17
THE DISTRICT COURT,
Modesto SiChOF Sent Up for Five and
a Half Years.
AS TO THE UTAH COMMISSION.
Charles Carter Granted a New Trial
Important Civil suit Before
Judge Merritt.

The September term Of the Third
district court ended At 1850 this morn.
Ing aud at II O'Clock the December
term began. The following business
was transacted In tho two divisions
during the forenoon.
sIcnER's SENTENCE.
The motion Tor now trial In the
case OF Modesto 5ichtr, the SLAYER of
duisseppi Murano, In Parley's can.
yon, last summon, had been rel Tor this
morning, but Attorney +. b. stephens.
Of counsellor the ueiens, Informed the
court that after oonsultation with the
prosecuting attorneys he had agreed &,
withdraw the motion, aud the defend.
nut was now ready for sentence. In
Wow OF tho circumstances which
would bo stated he asked tho court 10
Impose only a portion Of the maximum
ponalty-which Is ten years In tue pen.
itentiary.
District Attorney Judd said Il was
allcgoi by counsel for the defense, aud
tho aiiidavils which had been filed
tended somewhat 10 show It, that the
Jury when they visited the scene OF
tho tragedy, went beyond their pro-
viuoe aud against the intcu-
ton Of the court by max.
lug certain measurements there.
In this they did what really amounted
TO the taking OF testimony, such action
being condemned by the legal authori.
Ties No Tar M the prosecution had been
able 20 examine them, La view Of the
doubt thrown over the jury'a verdict
by this proceeding, and OF the further
lhot that tho only Wituess--a Gravel.
lug gontleman"--by whose testimony
q conviction could be bad was probably
now out Of tue Territory, counsel had
agreed To recommend a sontouCo Of
from i've 30 i've aud hall years. i'm.
prlsonment In this case.
Judge BarlCh said that under tho
circumstances ho would have granted
a new trial had the motion been sub.
mlttod, "a the Jury acted In the matter
referred 10 directly oInitary TO the Ia.
slfuoiiOus VI the court, and, further, Il
was surprising 10 him that the bailltis
VINO had the jury In charge on the
Journey 10 the spot should have
allowed the jurors 10 do what they did
after being Instructed by the court.
Sentence OF 1--WE and half years IN
the penilentiary was passed upon the
defendant.
NEW TRIAL FOR GARTER
The motion for new trial ia the
case Of ChaTle8 Carter, convicted Last
week on n charge VI stealing gold
bullion belonging 10 the Cane Syringe
Consolidated Mining Co., was argued
ana submitted on Saturday anu this
morning the court granted the same.
MANDAMUs PROCEEDINGS.
The hearing IL pending OF number
OF mnndamuB suits against the UtRh
Commission, all arising out OF the
recent election. Two OF these a.. ID.
Page and T.. Il. Larsen plainufls) had
been specially set down for
today, before Judge Barlch,
but this morning, Judge Bennett, on
ths part Of tho petitioners, said II had
been agreed between himself and
counsel on the other side Judge Hen.
dorsOnl that they might 20 over. Tho
wfils In two similar cases hal been
made Teturnable on the 22ud, aud
"quite batch" for the 27th, but inas-
much ~ the whole OF these were sub
btAntially the same, the one case would
determine tho whole OF them, COun.
sci therefore asked for q continuance
I'LL the 9Th inst, which request the
court granted.
THE FUuATE CASE.
The charge OF embczEloment against
w. =. FugaIe has been continued Tor
the term.
ROGERS vs. DONNELLAN.
In tho case OF Rogers VI Donuollau
the motion for new trial WAS sci fOr
hearing on Dec. 18Th.
CONTINUED FOR THE rKRM
In tho divorce suit OF Carson VI
Carson, tho hearing upon motion 10
set aside the previous finding Oi the
court was continued Tor tho term, on
motion VI Attorney q. ). NArlan.
NEW TRIAL ASKED ron.
Motion for now trial on the part OF
the plaintiff In the case VI NJ. q.
Sullivan OF al Va the Northern Spy
Mining Go. was argued by Powers anu
Btraup, aud against by Attorney
CrltchiOw ON behalf OF the dc.
PENDANT. The motion was bssed,
mainly, ON two grOunds-misdirec.
lion OF the Jury and evidence insult.
silent 10 sustain the verdict. The case
was tried some time last winter before
Judge Bartch, wnen the jury found
Tor the defendant. SUIT was brought
20 quiet title 90 the Pekin Mining
plaiui, situate near tho Northern spy,
IN the Tintio mining district,
AZ the conclusion OF tue arguments
the court took the matter under ADVISE.