The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-22
CASE OF ELMER JONES.
TRIAL OF THE MUCH TALKED OF
ACTION COMMENCED.
The Defense Made Strenuous Eff
fort to Secure Continuance, but
FaiIed-Tramps Concentrating at
Provo.

Provo, April Zl.-1ne HucH-tdIhSu-O4
case against Attorney Elmer B. Jones,
of Salt Lake city, came on for trial to-
day Owing to the absence OF some
material witnesses, Mr.. Jones desired
a continuance of the case until next
term, but Judge Smith did not deem
the excuses made sufficient to justify
a continuance because the plaintiff had
witnesses present from several sur
rounding states, and it would greatly
inconvenience plaintiff to postpone the
suit. The case will be hotly contested
on both sides, and before 1t is ended
may disclose some very racy matter.
The case is entitled w. H. Smith VS..
National Bank of Commerce ct al. The
motion filed yesterday by the United
States National bank of Portland to
file a complaint in intervention was
argued this morning by Judge Loot
bourow, of Salt Lake, for plaintiff
Smith, and by Attorney Sinclair for the
Portland bank. After hearing the ar
guments, Judge Smith held it was not
a case in which the complaint in the
petition of intervention would stand
This complaint sets up that the Alnsle
Lumber company is insolVent ana that
the paper placed in the hands of the
defendants for collection by plaintiff,
w. H Smith, belongs to the Ainslie
LuiiIDcI COlliJdllyy anu c1SO mai w -
Smith is insolvent, and that the uncol-
lected paper now in the hands of de-
PENDANT, Elmer B. Jones, and whatever
judgment plaintiff Smith might obtain
against him (Jones) should not be
( turned over to Smith, but should be
given to the intervenor, the Bank of
! Portland, who are creditors of the
Ainslie Lumber company.
After this point was settled, James
McNeny, of Nebraska, was entered as
associate counsel for plaintiff, and w.
H and S. A King as additional attor-
neys for defendant Elmer B. Jones, and
Brown & Henderson as attorneys for
the National Bank of Commerce of
Provo.
i Defendant Jones next filed supple
mental answer and on grounds stated
in it asked for a continuance of the
case for the term. The motion was de-
MED.
i Defendant Jones, by his attorney, w.
H. King, next moved to file an amend
ed answer and the court permitted 1t.
+ The defendants having exhausted
every method to have the case con-
tinued for the term, the court at last
ordered the jury empaneled, which was
. done with much care by both sides and
shortly before noon, the jury was
sworn.
/ Judge Henderson, attorney for the
National Bank of Commerce, asked
leave to file for the bank an amended
answer, stating he had only come into
the case this morning and had not had
time before to examine the pleadings.
The motion was granted.
Judge LOofbOuroW stated the case
for the plaintiff. In brief he said that
the plaintiff now resided in Salt Lake
I city and that he was engaged in the
wholesale lumber business, buying
from the mills in large quantities and
selling to the retail dealers throughout
! the country. 1t will be shown that
about $12,93212 in drafts, received from
these sales had been placed in the
hands of the National Bank of Com
merce for collection. All these drafts
were good and would usually be paid
on presentation. Out of the above
named amount, only $4,000 had been
RENTED in cash and $1,000 returned
uncollected. This would leave S9,19S07
still due Mr.. Smith. These transac-
| tons all took place in 1892 and the
plaintiff had been endeavoring ever
| since to get this last named amount
from the defendants, but the bank
/ would refuse to settle and say You
must settle with Mr.. Jones" and Mr..
Jones would in turn refer the plaintiff
| to the bank and the result was no set
tlement had been had and it is to re-
cover this amount due that this suit
| is brought.
The plaintiff, w. H. Smith, was the
first witness called. He stated that
/ he was a resident of Salt Lake city and
engaged in the lumber business. Wit
ness identified twenty-seven different
papers, or acceptances, placed in he
| National Bank of Commerce for collec-
Ition. These acceptances were received
from dealers throughout the country.
At this point, in order to accommodate
: e.
| ton, Mr.. Smith was withdrawn and
Mr.. r. S. Lyons, of the First National
bank, was placed on the stand, and
identified six drafts which had been for
warded to the Logan bank by the Ma
tional Bank of Commerce of Provo for
collection. These drafts were collected
and RENTED to the Provo bank
J. A Earls, of the National Bank OF
the Republic, Of Salt Lake city, iden-
tilted several drafts which had been
received from the National Bank OF
! Commerce of Provo for collection. Those
drafts had all been collected and re-
mitted to the Provo bank. There was
no attorney employed at Salt Lake tc
assist in the collection of those drafts
Q.-What is the usual rate Of PEI
cent charged by banks for collection
! Objected to by the defense and OBJ
lection sustained.
This ruling will cut a very import
ant part in this suit, as one of the
main questions in the case will be the
amount of compensation necessary fol-
the work performed in the collection
of these amounts. Mr.. Jones having
pleaded a special contract, and that he
was to receive so per cent.
/ Mr.. Peterson, of the Bank of Brig.
ham City, Unidentified three drafts sent
to that bank for collection by the de.
PENDANT bank Of Provo. They were col
ilected and RENTED to the bank OF
Provo.
| Mr.. F. E. Higginbotham, formerly Of
the Citizens bank, of Ogden, also iden-
titled some drafts sent there and col.
lected.
Mr.. Clark, of the Davis County bank
also gave evidence of similar nature
At this point the case was concluded
until Monday morning.
1 Charles Beck, of Lehi was fined $50
for the crime of fornication committed
with one Elizabeth College, of the same
place.
Juab county today commenced sui
in the First district court against the
First National bank of Nephi for the
! sum of $1,223.70 alleged to be due or
two claims placed in the hands of the
bank for collection.
John B.: Miner, by his attorney:
Warner & Warner, today filed suit
against Jeanette Ann Miner, admins
tratrix of the estate of j. W. S. Miner
deceased, and ]. D. Jones, probate
judge and Jeanette Ann Miner, anG
John W. Miner heirs of the estate OF
J. w. S. Miner. This suit calls ir
question the distribution of consider
able property now in the probate court
for final settlement.
Ike Clark and Farley Carter were to-
day fined SO each for being drunk
4 There are a host Of tramps in oul
midst TODAY They expect the indus.