Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-11-09
TWO LIBEL SUITS,
Arthur Brown and Amos PslsteF-
maker Challslf0 the Tribune.
EPISODE or A FORMER ELECTION
Verdict Against the Ciiy-Aciion on an
Assigned Account isccllaucous
liu,iuets.

the notice Of Chief IuetiCe Merritt
this morning. The hearing OF these
had been sci down for today, but Ia
each case a continuance was applied
Tor by the defendant attorneys, Pow
efs and Hllts, tho request being based
upon couple o, an laviIs made
anu signed by Sir. T.. II. Lannan,
manager Of the Tribune.
BEOwN's SHOT FOR $4,000.
In the fret action tho plaintiff was
Arthur Brown, member OF the local
bar, aud he puts 10 a claim for dam.
ages to the tulo u $4,000. The
alleged libel arose on. Of au article
published In the doienunnt.' sheet aud
II an inciioLt OF tho february city
election Of 1902. In the Irt,tmo's
Issue Of that da,o Il Ia set forth IN ~ QUE
Patrick Hogeny called az the Tribune
office aud made a staten Hs TO lnu
,ncot that when hu rendered his vote
On tho Liberal Ticket "a tEo
Fourth precinct II was rejected by
Brown, who was one OF the
Judges Of election there; that
Hugony, while walgu along Main
street on subsequent occasion, was
Approached by "thut tuuiviIualn
tmuaning Brown, VINO informed him
lhgt % nu wished 90 avoid " u llu ne
uui better get out Of town tor. uW "a.
"lnv interview" put ia the IribuHc,
"was Of tue hone anu h0ise kibu, but
II unOWa that rltcuJn tuIs are not
rclishUI by tho buii'ugZiug uutgor t.b
the article bore the heading:
"WarnGd him out uf town, The way
Arthur Brown tuel 10 ward OIL lam-
age suite" Plaintiff claimed the
allegation 20 be tuat he cprtuYtly aud
illegally nice. Ell H,soby's vote.
In MS uiilavit Mo Lgnuab stated
that Patuck Huguuy N u ncrrl-Ary
aud mt'cfiai witness. That about DC.
lnhgr .3ri cub urIa for aim wHs
istucl nul plUCeG ia tue hands u the
u. .. marshal Tor service, but HOgeny
could not be iruud. lie 10 rtsiduut
Of JuHb county, bus his preseut where.
nbouis lfiiaut ~ unable ~ slate.
Judge nuudurson, on Duhalt OF the
piaini 9, utlvc5ed 90 tho continuance
nsked for Hnd eaid he believed there
was NO tuoh purson M Pat HeReny.
Atthis Attorney Hiles was very In.
dignnut aud ahid-We eau produce the
testimony OF his brother James that
Patrick Htgouy lives In this Terri.
tory.
"At what place2" querled Attorney
Arthur Blown"
Attorney Hilt6-Wcll, Pat Hegeny
was working on the EItoka branch Of
tho Riu Grande Western railroad not
thrte weeks Hg0, aud Pattick's brother
James reside IN this city. Yet counsel
stands up anu declares there rs no
such person.
Judge MeTritt-How long do y5u
wah7
Attorney HlisE-Glye Us a postpone
munt for ten days. We DO not know
where he Is exactly, but ho is-some.
whtie, aud no Is accessible. (LAugh.
teri
Judge Merrilt-I will set tho case
down Tor Monday, the IAN inst.
Tue continuance IL ut lhe defendants
cost.
FENsrERMASER's DEMAND.
Amos Fenslermaker was the plaintiff
In the succoru ling action anu hu wants
$4,000 more than Arthur Brown as n
hAlm for mis- wounded feelings, viz:
$50, 900.
The alleged librllus publication In
this Instance appeared la the Tribune
OF April 2Sth, 1891, under the head.
lines "a feudlike act 10 ichild-A
little girl turned out into the desert
10 uie--hUr tescur.n lt charged that a
child named Caroline Hansen came
from Sweden with her grandparents
aud wa given home with the Fon-
stoFmakur family, wac reside at what
IN known as the n x Elder ranch IN
TOOele county, but that they, becoming
tired OF her, treated her cruelty anu
turned her adriit, 10 wander whittier
sue would. IL 10 then claimed that she
was found wandering ON the desert
by a sheepheTuer named !. II. Muir
dock, exhausted and almost starved.
Attorney Hilus submitted an all.
dAvit by Manager Lannan IN
support OF the application Tor
continuance. Murdoch Is claimed
TO be n very material witness anu he
cannot he found. Ga this fact the 10.
quest was based. Counsel stated that
they once had Murdoch In the city, In
attendance upon the court, but alter
exercising due diligence they could
not now locate him.
Attorney J. a, Williams sail thld
case had been continued once already
at the plaintltis' costs. His Witnesses
were ali Ia today from ro0ele ut
heavy expense ald he was ready 10
proceed. rhe article c0mplair eu OF
CHARGED his clients with d criminal
act; II was not written ON Information
anu belief, hut stated that the acc0un.
given was absolutely true,
Judge Merritt allowed continuance
In this matter till November l0.n, also
at tho duiendaulh CUs,s.
Ju ge Merritt Issued an order direct
ing tue United States MARSHAL 10 bling
in from tne penilenlary on the Gay VI
the trial Ol this case, prisoner named
H.. HI. MuBuuv, us u witness Tor %,
delenuauts.
FOR THE rLAIHuFF.
The case Vi james W. Stevens va the
Fiity.uinth ScuOJl district OF Balt
L,ke county was nenri by the court,
jury having been waived
Attorney j. II. Hurd appeared tor
lhs piaiuul anu Judge HOwat Tor the
deit nuAnts.
IL was claimed that In September,
1892, thn defendants were indebted 10
Tue Y. J. ANGEL Lumber %. In tht
sum Of SisI-7 on an aeeount for lum.