Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-01-27
HE HAS STARTED IN.
Chief JustICl HsffiIti COmmIss.ol
Reached Here This ajfiIls,
QUALIFIED AND SAT FORTHWITH.
A pl,orco q TAINTED to Mr. Nsil., n
Vosler on Account Of Her l!d,-
bani's ill.usGEc.

Utah, arrived by mall from W i1lllS-
'on this morning. Having qualified
subsequently, before judge Btrloh, Ia
chambers, by taking tbs ruqulrei oath
oioilice, h.s Honor, promptly on the
stroke OF ten O'Clock, to3z his seat on
tue bench Of tbs Third disirio! oour,
and proceeded at once with the hearing
Of the usual Saturday motions. There
was large atlcndanue Of members Of
the bar, many Of whom secmui anxi-
Gus to tako up matters which have been
subjected 10 annoying but Unavoidable
delay for the past twy weelH.
JUICE Batloh did not bold co9'.
today.
EEpENrtNu AT LErsyRE.
The first casr heard br. She newly
appointed chiei Justice was that Of
Nellie May Foster W william y. Eos.
TER, iu when the petitioner prayed for
a uiv0rcs on tho ground Of ner nus
banda cruelty.
Attorney Jonu VI. Cannon appeared
ON behalf o. Mfs. Foster.
The pArlirl IntermtrrlAl In thla
city on February -, 1883, anu thcfn
10 one child Issue, kal mont W., WHO
Is between three and four months old.
Mn. Foster Is apparently about -
yctrs oi age aud Uu tho wituusi .stauu
stated that since their marriage
tue defendant has continually abused
her. On July 1, 1898, sue alleged, he
used vile language towards her aaI
hIhppod her la the face. AGAIN, on
October 23rd, while under the In.
llutnco OF liquor, no sworo nt her,
threw her violently upon the led,
placed bis hands upon her throat ar
threatened 10 take her life.
COrfob4fauve testimony ~ 10 the
cruelty wac given by tue potitioneI's
mother aud another lady witness.
Upon the ming Of tho suit Judge
Zane Issued u rBitrainiug order 10 pro.
vent the defendant from dispusiag VI
the household goods, which were now
stated 10 be- worth about $50, and Tor the
possession OF these Mrs. Foster asked,
Ia addition 10 the decree OF divorce.
She also prayed ior the custody OF the
Infant, SO PER month AllmuDy, aud
attorneys fee 500.
Ths delendant hal put In . written
answer, but was not Prise Z during
the hearing Of tie casc. Iis Ia by
trade wood turner anu scroll sawyer,
but says lao has been out Of employ
ment tor some xix months. lilo declares
he'll In INDECENT circumstances and
entirely without means. Hls earnings,
he further states, average only $40
per day.
Judge Merritt granted tho decree,
awarded petitioner tho custody u tht
child, aud gave her tue household
furniture, but as 10 the alimopyl
while now making an order ~
tho payment Of s25 pei
month, his honor said u tho defendant
aftfrRsTdi ah0we that he was unable
10 pay ~, the order Ia that regarsi
" oull have 10 be modified.
Just after this matter bad been dis
posed OF the deiendait, accompanied
by his attorney, J. IL. Harris, cam,
into court, anu by consent VI the Other
slide Foster took this wiIne-p.stand. "A,
stated that he wns without means anl
unable 10 ind employment Judg,
Merritt, after hearing all hs had TO say
declined 10 interfere with the oTdc
previously made, remsrkiug that 81.
per month wasquite meayor sum.
MISCELLANEOUS.
Martha A. Coombl Va the Utah
Paint a OH company ct al. In thil
case Attorney George +. Goodwin wa
substituted NJ referee and reference O
all matters was made 10 him.
J. IL. Moylo vs. A. NJ. Whitehead
Motion 10 set aside decree Of foreelot
uTe, appoint n receiver, etc. Decree mod
| q. 81 -.
Motion OF plaintiff for the appointmen
OF n receiver 10 cjllect rents OverIuled
and an exception taken.
3. w. Morrison ct nj W the Salinl
School district. Motion for Judgmen
on tho pleAdiugs argued. Leave givel
to amend answer.
]. G. Royle Va the Burton GArdne
company. ID murrer Withdrawn an,
Judgment entered for the plaIntff a
prayed.
InIhp case oitho X nickefbrookerr rus
company OF New York vs. the Utal
Western Railway company aud tn
Salt Lake and Eastern Railway com
Tauys.ot Ia, the receivers appointe
bY tho court were not opposed. The
are Jas. Ii. MoGregor and Clarenc
Carey.
10 the case Of the Central Tus
company OF New York Va the Centrn
Railway company, leave was given I,
sue the receivers by the knlcker
bronker Trust company OF New York
The petition filed ny the knicker
booker Trust 90. stated that IN July
1855, by an indentuTe o. mortgage 0
deed o. trust made between tho Sal
Lake AZ Eastern Railway 20. and tn
petitioners, tho former, In order 4
secure rs "a ttt chnrgo upon thei
railroad property an issueto the aggre
gate Of amount OF l,2jO,OOO OF tn
bonds OF the company iJr 1000 each
with interest Ut the rate Of per cen
per Hnnun, payable seml-annuRlly
granted 60 petitioners ~ llne OF rail
road extending from Salt Lake 10 Parl
CITY. Petitioners heing about 10 nj
IN this court u bill for the foreclosure O
such fret mortgage, desired TO max
James Modregor ahu Clarence Cary
who ~ receivers are now IN possession
OF tho property emufacei In tina
m2rtgage-parties thereto
National Bank Of the tepublic v
this York Mining Go. o. aI' Demurre
10 complaint oyertuIrIi TON days 4
answer.
National Bank Of the Republic Y
Hyrum GfOesbrck ct aL demurrer O
the Groesheck 90. t. complaint argue
anl submitted.
ADMITTED TO PRACTICE HERE.
On motion OF Al,oroey Farley l.
Williams, Attorney Clarence Carey, o