Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-24
THE DISTRICT COURT,
Poslponemsnt Of the DsYins-HOnIagus
Hearlng Till Next Thursday.
+. a. FOSTER AGAIN LIBERATED.
Motions Called Up Before Judge Mer.
rift This Morning.-Au Ia.
usually Short session.

usually short session.
Chief Juslice Merritt sst this morn
ing ia his division odthe Third district
courtan listened 10 motions by coun.
eel. Tho following matters came ~;
coNriNuHD TILL THURSDAY.
The hearing on the alternative writ
OF maudsie issued ty Chiet Juaticc
Merritt on "Wednesday last, calling
upon Chief Dovino Of the fire depart.
ment to restore Charles II. Montague,
deposeI member Of the brigade, to
hls former rosition, had been cot down
o. ono oi the special matters Tor die.
posal In tho Third disIric. court this
morning, hut by arrangement between
counsel Judge Powers for the peii.
tionor and Judge Hoge for the fire
chief the case went over until Thurs.
day next.
DyiSG OF CoSsuMrrI0S.
T.. q. Foster, formerly the keeper Of
saloon on the Stale road, has been Of
late In very hard luck. Some time
last year he was arrested on tho com.
plant Of n s0llier on a charge Of steal.
ing money from him-whilo drinking
with women Of questionable chaTactsr
ia bic saloon. Tue case was tried In
tue police court before JusticU Gee aud
the accused was acquitted, the court
finding that there was no evidence ~
show Foster had anything whatever 10
do with the alleged theft. Suisse
quontly, however the matter wal
taken before the grand jury Of the
laird district court, who In Noyem-
her last found an Indictment against
Foster for grand larceny, lie was nd
mitled 10 bail, but recently failed IN
business; whuteupOu his bOndsmen
Withdrew. a week or 20 ago, Couse'
uutnlly, the uoicndAnt was Tearfoatgd
Hnd taken 10 the prnitnuiiary, whore
he has since remained, very sich
man, Ia tho infrmary Of that eslab-
llshmcnt Foster 10 said 10 DO nov Ia
tho last stage Of consumption, auI u
not exIocloi % live more than Bix
months longer.
Under thVte circumstances Assisla nj
District Attorney uowat this morning
applied 10 Judge Merritt that tue de.
frndaut b. released on his own e..
clgniztucp, aud his Honor maize au
order 10 that effect.
Colonel NJ. NJ, Saighn IL the defend,
ante attorney, anu through HE reiru
suntalions the prosecution was inIuUcd
10 present this motion.
DIVORCED.
Judge Merritt granted a divorce 10
Mis-. Amy Albright from her husband
Charles &. Albright, on the simpl,
ground Of Insertion. The cafe wen
ny default. Mfr. Albright was th'
only witness aud the recital OF h0i
story did not occupy more than tire,
minrtcs. Tue parties inlormarf!ed u
this city on May .6ih, 1890, aud Il
February, 1898, tue defendant loft his
wife anu has not since contributed
Anything towards her support. Whet
solicited to return he gave as an ex'
cuuse that he was "sick anu didn'
want 10 come home any more"
A. l.. Ellis, Jr.i was tho plainu ~
attorney.
GENERAL oRDLRS
In the case OF the People W FIRE.
Albert and Elias Thomas, indicted foI
burglary, the latter ON motion Of IN
prosecution, was released on his owl
recogniziuce.
Amos Townsend Va the Utah Con
Mining 90. Motion 20 set asid,
previous order aud Tor leave TO Inter
vone argued aud overfuleI. R1ui on
appeal Fixed NJ $4,000,
Louis Schneider vs. Edward Gunte
OF nj. Dismissed at plaiutn'd costs.
American National Bhuk VI J.. a
hOrlnn ot al. Order made OF pubiioa
tlOn on affidavit on the defondau
KNOX.
Francls J. Gleason Va Wallace II
Chris,y 81 nj. Default and judgment
HellmeTs Manufacturing Go. VI
Il. Marks ct nj. Default and iudl
ment.
John T. Snelson Va ElbFidgol TUFTS
five days time allowed TO prepare an
die new bond upon showing Of Ia
efficiency Of present bond.
H.. w. Brown ct al VI Joseph
Lakin. Leave given to amend paper
~ inlerlineation OF the name O
Josiah" instead OF "J0seph" ia IN
original, services having been mad
under the erroneous name.
Wiscomb vs. Page. In this suit Il
II. Stephens Withdrew as attorney n
plaintiff.
MoToni Edwards W. John Groesbec
Of al. Order made allowing Frank 4
Hiatt, Robert 4. Barton jr anu A. n
Ballard 10 be- added rs parties defend
bnt.
Court adjourned at 1880 till 10 a.u
ON Monday.
Sunday School Review.