Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-08-02
LlsI. Winter Comes Upon the Scene
With His Answer.
A HOLIDAY EPISODE At sALrAIB.
Probate Court.--That Repleyin Suit
FInlshed at Last-C. II. Far.
sons Must Look Ont.

morning by Judge Bartoh 10 amend
and verify complaint, and ten days
allowed 10 answer same after service.
WINTER PUTS IN AN ANSWER.
On the 18th inst, In the Third dis.
trlct court, damage suit for $4,000
was filed by William Lucas, the de-
fondant being butcher Of this city.
The ground Of the complaint was
that Winter falsely accused Lucas Of
embez1ling 80 belonging to him and
caused bis arrest on the charge.
Lucas was confined In the city lail
several days awaiting trial, bu, upon
the hearing was acquitted. lie claims
that his reputation has been injured by
the defendRntA action.
This mernlng Winter filed his an.
swer He denies that the charge Of
ombezIlomont was false aud unioundod,
but on the other hand alleges that It
was true la every particular; that he
caused the plaintiff 10 bo prosecuted Ia
good faith aud had ample grounds for
believing the complaint 10 be- true. He
denies that Lucas has suffered Jam.
age Ia any amount, or that
he enjoyed good reputation
IN the community Tor honesty aud IN.
togrity; on the contrary, he AYERS that
"painuil's reputation ut the time was
such thAt Il could not be injured by
criminal prosecution or by any words
spoken BY hlmn He denies that In
the presence ot othUr persons he nc-
cused plaintiff Of embtzklumrut anu
Gays that prior TO swearing 10 the com
plsint before Justice smith no stated
the facts FULLY aud fairly 10 his al
tOfney, Gustayc ktoeger AMI alsD 10
Assistant County Attorney ElchnOr,
he being Advised by both u them that
there was sufficient ground therein to
constitute tue Oncnso Of embozSitynont
aud secure conviction.
CAN THEY me-
There lisa preliminary question here
for tue courts % decide. J. q. Lewis
has sued tho receivers OF the Uniuu
Pacific railroad IA Commisuoner Me.
Nally'- court 10 recover slU1 damages
for trespass. Il 10 alleged that thu
plaintiff hrs rented place from the
railroad company for the last eight
yeas, anu that the defendants, wholly
dlHfegaTding his rights entered upon
the premises, tore down the fence, laid
their track close up to his house anu
nj the same time killed number Of
fOwlsand pigoons.
The defense answers that tho receiv-
ers Of the company cannot be served
with summons aud cannot be sued
without leave Of the court.
The date for the hearing has not
yet been set. GIstaye kr eyer IN
.he PLAINTIFF attorney. Answer Ia
made by Attorney T.. u. Williams on
the part Of the receiver.
4 tcRAr AT sALrAIR.
Deputy Sheriff Matthews was armet
with a wHrfant by Commissioner 3 G
Nally, this morning, for the arrest VI
Dan Griilln, former superintendent OF
watetwOfks, against whom late last
night complaint was sworn to by Mr..
Vincent lot the Vincent. FJTsty shoe
companyh charging him with
assault aud battery. The trouble
occurred yesterday afternoon at Sal.
tair, butlust what the facts arc do not
yet quite clearly appear. They will,
however, develop nj thu hearing OF the
case, the date Tor which has not, o
Tar, been set. 10 Ia stated that couple
Of Saupete county's residents, oue Of
whom was Probate Judge Reid, got
into a dispute with Dan Grilln amt his
brother, IN tue uOufte OF which blows
were struck. and the Judge was
Knocked down. 1t was then that Mr.
F0tsry protested agaiIbt what hs
deemed TO he the cOwaTdly conduct
OF the Gnillns, aud Dan, IL IL
claimed, knocked him down Tor his
pains. Manager Nephl Clayton went
upon this scene with the Intention Of
restoring order, and he, too, was struck.
The unfli las were eventually subdued.
IL Ia not unlikely that other complaints
Will he lodged In due course.
Up 10 1880 this afternoon Grilln had
not been arrested, but the deputy sheT-
iH was waiting around Tor him.
nEFoRE THE PROBATE JUDGE.
Estate Of Jesse J. Murphy, deceased.
Hearing on petition for sale OF real
estate. Objection TO order 10 sell made
by Priscilla Murphy and presented by
her attorney, John NJ. Cannon. Mrs.
Murphyis appearance In the case was
objected 10 by the executor Oscar II.
Muyleh on the ground that she has no
interest In the estate as II now stands.
HIS honor authorized tue disposal OF
portion, or all, OF the real estate at
either public or private sale. This
order was excepted to by Attorney
Cannon.
On THE SICK List,
Justice OF the Peace Lochrls has
been suffering with severe quinsy
throat for a week or more, which con.
fined him 10 the house for s1me days.
He has ventured out again, however,
though still feeling quits sick.
Clerk and Deputy sheriff /. l..
WeIeh, who has been very sick for
some time uast, returned from Cache
Valley last evening, wherein he has been
soloutning for the past two weeks In
quest OF better health, He IL yet q
long way from well, but resumed
work In the sheTil's Office today.
Attorney Morris S0mmers has been
also under this weather, but Ia around
again today.
N ~ SUBMITTED.
The suit In repl1vln, Israel Evans
VI Contractor VIM. Harklns, brought
10 recover two sels Of alleged stolen
harness, and the hearing Ot which has
occupied no much Of COmmisslouer
McNally's time, has been submitted,
aud his honor viii probably decide the
saso tomorrow. IL was II O'Clock last