Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-02-14
Sergeant LinSo acquitted by Tho
Jury This Afternoon.
VERDICT AGAINST rnG Z. c.
Damages $4,000 Claimed Prom the
Salt Lake aud Los Angelo, Eail.
road CO.-MisoellaugOuA

Nf"HNA AANN gNHA'AHNg NthNA hNHNl A"a"-
cutting Attorney dowat asked That .au
special plea Of former scqul.lsi might
DO agguel aud ruled upon ue,1fo Gao
arguments were made to tho jury. 1.
his honor held that tho plea was g01I
Il would al once dispose ,i thc case; "
II were not, ihe persecution volld b.
glad to know that bsioro presenting IT,
eide Of tue ease ~ the jury judge
Merritt allowed the Toquust aud alter
the point had been stgugj 10 was sub.
mitted TO the curt Hhd taaua uugcs
advisomonL This morning $500 JII.u
overruled the special plua, AMI ,aofu.
upon tue prosecuting attorney proceed.
cd with bis opening address ~ the iJry,
contondiug that the Uiirnsu charge
had been established by the evidence
that it was tbs shot nfru by Liuac
which caused LUOuard'e death.
Judge Hlwat wa followed by
Attorney Richard w. Young, for
ins defense, ana insisted thai the
defendant did nothing mIfs than his
lawful duty, Remaining thai there was
not tue slightest evidence 10 show
there was any conspiracy between him.
self aud Sheffield 10 take AsUnard's
lie. There WIS fule against fast
driving NJ the For, ami these two
mon, acting under instructions, went
out TO arrest Ls5nard. The prulump.
ton VI Innocence Ia this case was that
the defendant went Gut On lawful
ofrand snd that whon he fred tho gun
which ho had u perfect ngnt TO
carry, Of c1ursc-ho did II with a
lawiui purposo-not with the inicntion
Of killing the man, but simply 10
brighten him Oh. He hal instructions
from his superior officer 10 htc, and
acted upon them; but counsel ridiculei
thu idea OF there being malicious In
tent.
Attorney Varian followed on the
same side, and Judge HJwat made tao
closing reply tor the prosecution.
Judge Merritt charged the Jury this
afternoon Immediately upon tnr court
re.agrmbling after the Gsua' nid-dAy
recess.
At 2:l5 the Jury retired and returned
Into court half an hour later with n
verdict Of mot guilty.
On motion Of the prose the
Indictment against Private 5ut iitld
was dismissed.
JUDGE POWERS WAS NOT RETAINED.
Judge Powers desired 10 explain la
REGARD 20 the representation made g.
the court yesterday that hs hnd noen
retained 70 defend Private sheffield. II
was true hb had been consulted ON the
matter, but not nj that time retained, OF
lac would certainly have been on hand
/ yesterday Whom the case was called.
| lie mentioned this a. accounting for
his absence, AMI 10 show that ne did
not Intentionally put the court 10 the
/ necessity OF fCnding Tor him.
Judge Merritt was perfectly satisfied
with this voluntary explanation.
AGAINST TlIE suRETIEs.
In the cast OF the National Bank Of
the Republic VI n. H. Hapgood q nj,
judgment was entered against thr
sutetlss on appeal bond.
OUT OF the TERRITORIAL FUNDS.
In the case Of tho People W JameI
Nicholson, n oolorrd man, indicted fOl
oTiminally assaultlng Lena Nelson, al
affidavit setting fOfth the impecuni
os,iy Of the defendant was submitted,
and thH court made an order allowing
certain witnesses IN his behalf To bt
subpmnaed at tho expense OF tho Terri
tory.
IN JUDGE BARICHis DIVISION.
The jury bsiors whom was tried the
case OF Rachel Is. Hewlett W. w. IL,
ltisley, IN Judge BArtoh's court yestor
DAY, nave returned verdict (signe,
by nine iurors) 10: tho defendant. III,
claim, as stated In yesterdays News
was for sll7, iuT Hofvices rendered a.
professional nurse anu board alleged 4
nave been furnished 10 the dufendanp
wife. This Is reversal Of the iudg
ment In the court below, from which
an appeal had icon taken,
AGAINST IIE U. o.
The further hearing OF the case o
Joseph Goddard Va John w. YOunI
aud the Utah Central Railway cJm
pauy was resumed tins morning. rn1
plaintiff demanded Judgment agains
defendants for 81, 400, alleged 10 10 du,
upon time checks anu vouchers giveI
for services rendered by the plaintiff
ana others for the defendants.
Tho Jury after 4 short doliberatiOi
found for the plaintiff assessing Tia
damages with interest," at ss,U60.8 5
IL was uuHeimous verdict.
MAEAElt AANANAa
In the case u liumsoy q Co. W J
IL. Griffin, twenty days were Above,
10 amend compliant.
Board OF Equalization VI william
Lister ct nj. Allowed I'LL March Let 4
answer.
Desoret National Bank vs. Dlu,
wOoiey Ell a.. Ten days addi.iuua
ume allowed 30 amend clnplsint.
ACTION AGAINST a lAGLEOAD c..
The hearing ~ tho sui. brought by
william Anderson " tho SAT- LAX,
aud LoS Angeles Railroad company
was then proceeded with before u JutJ
Attorney ~. II. Wengef anu Zane a
Nsns representing the plaintiff an,
Richards & RlcharIs tue ueiendants,
The nruou Is Drought 10 10
cover $1,000 aud costa, tNmage
alleges h. have been suitaine,
by tue plaintiff owing 10 mo death, by
downing, u mis- minofehiid,John w.
claimed TO have happened by reason O
the negligence anu OateltsSnes. Of TN
defendant company 10 NO Improper
Keeping ana maintaining p. osttAlu
} ioOluridge az tie epJl Where S0utt
Temple stroet orossas INV jordan river
. Ihe deceased child va eight year
! aud two months old al tue Time OF Ga
acoidert, which occurred on may 18th