Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-10-29


nofors JudEe Merritt
In the case of Warren Bsrnhart vs.
Ca'stl Foley au or or was made allow
lug tue defendant to euter exceptions
10 tue ruling VI the court on the a7,h
lnst.
In ,he suit of Gugr IN Va James de.
cree foreclosure was entered.
Toe u. 3. Marshal made return OF
/ fifteen Tetit Jurors summoned on
special yenife. Three OF thrfe, ' T., l..
/ T.. Newell, Angus NJ. Cannon it,, al
/ Nj MarFs were excused for good
cause. The remaining twelve were
Isaac u. Ha1elsrovr, Joe. T.. Pninney,
ihos. Neuafd, Tnos. QuGii, John Gau'
bolt, n. ]. Groniund, GrOtgg w. Wal
ton, II. a. Fylef, j. NJ. furniy, l..
| Cohen, NJ. NaIei, aud JuO. ID. Speu-
Ger. Tue reason ior Issuance OF this
special venire was that ail the jurors on
the regular panel were required Ia
Judge Bsftch'e court 10 draw from on
tbs trial Of Modesto Bicher.
OVER A NOTE.
The first case called for trial was thst
Of Ffauz Jungk ct W Simon w.
Scott et al. Attorney w. g.. Hall az.
peared tor the pluintitis; Judge Hen.
defaJn for the deendaus. was a
suit 10 recover 81 800 on promissory
note. Tho plaintiffs are In partnefshiu
under the ffm name VI Jungk n
! Fabian.
The Jury found for the plaiutifr 2
the amount claimed anu interest,
bringing tue whole up 10 S.,S5J5u.
CONDENSATION pRuogEDisos.
Tho only other case on toIAy's call
WAS that OF the Breat salt Lake q Hot
Springs Railway company VI Whitr
a Sons con pany. Attorney CfiIch.
low for the plaintiffs, Attorney Lu
Grand Young for the defendants. Ihis
lisa Condemnation proceeding, where.
Ia the plaintin company seeks 10 have
~ decree OF the court adludging Ger.
tain "trip Of land In tho northeast
quarter VI the northeast quarter OF E,c-
non q, tOwnship l north, range ]
west, G1ndemHed Tor H. use, tor the
construction aud operation OF IT. rail.
road between this city and Farming.
ton, Davis county, Utah, after tue
hsstssment AMI payment Of damages
accfuing 10 defendants thereby.
TIIE siCnER MURDER CASE.
Contrary TO general tx po,tation, the
trial OF the young Austrian, Modesto
sicher, on u charge OF wiliully murder.
ing Guisseppi Mursuo, an italian, In
Pariey'a canyon, on September .8rl NJ
the present. year, btgAn Ia Judge
Bat'oh's court this morning at the con.
olusion OF general business.
IL will be remembered that on SAtuT.
day last Attorney Frank -. Stephens
made application for n continuance
owing 90 bis inability To Mud a couple
Of important wituos,e. whom he IN.
tended to call 10 testify In the ac.
cused's behalf; but ~ anxious was this
court that no unnecessary delay should
OCCUR, that he deferred passing upon
the motion until touAy, and II was un.
defstUod that IN tbs meantime the de-
icndanps attorneys should use every
possible effort 10 reach the absent wit.
nusses.
II having been announced Just be-.
fore eleven AIN. todHy that both sides
were ready, tho empaurllns OF u iuD
was taken In hand very shortly alter
wards.
The accused being impecunious,
Judge Barton lew wusks ago appOiut.
ed Attorney Jpnn Lu Taylor To defend
hin, but that gentleman having WITH.
dfnwu because OF the refusal OF thu
court to grant An EXTENDED contin %
ance, Attorney stephens "a former u.
:. assistant District attorney for UAh)
was chosen 10 take Mr.. Taylof's place.
Associated with him In the conduct nj
the defense IL Attorney Beunor y,
smith.
The prosecution up 10 the time a
Jury had been suCurcd-ls;Si- was
represented by District Attorney Judd
and Assistant ID stflol Attorney
Howat, to tue latter VI whom was Gu
ustsu the tAsE Of examination. This
done with, Assistant Richards took his
place ~ Judge judge associate.
The Jury, As in lly selected, stands
a. follows: james Eager, J. IL, Miller,
A. II. Garter, ]. u. smith, j. n, Duu-
yam, ChAs. IL, Spencer, w. IL. Evsns,
II. T. Burton Jr., Fred Iitt, Dawn
Thomas, Tnos. Il Harris aul L..
C0heu. Two VI these gentlemen
served AS Jurors upon the trial Of
Charles Thlede,
Before court adjourned for the noon
recess Judge BarIuh lchnfgei the
Jurors not TO discuss the sub
leot matter of the trial among
themselves aud stated that they might
be Furnished with copies Of the local
newspapers each day; the BALM who
had the ipTy In keeping would now
ever, ret seS that anything relating Ia
this Investigation was clipped out
Hut District Attorney Judd prompt
ly Teloined that ne pre,eTfud 10 have
all newspapers kept euIlrey from ms
Jury during the progress Of the tria !
and the court, adopting the suggestion,
20 ordered.
Land Office.