Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-03-10
SENTENCED
He Goes 10 The County jail for Tho
Next Four MOnths.
a SEW TRIAL l, REFUSED.


Defendants Tran,grcs,iou.
The frs, shot ilfed In CHIEF Justice
MeHilP3 court this morning came Ia
The arguing Of motion for now
TRIAL iu the case Of Mafcsllus Nelaon,
convicted some ten or twelve days ago
on a charge u omhuzl'ing the sum Of
$3.50 the moneys Of Dr. Marshall.
The defendants cause was In tho
hands o. Attorney d. \. s.raup (from
tho law unlcs Of Judge Powersg tho
prosecution was represented by A.
eialaut District Attorney Howat.
Tho three grounds on which tho M.
ton was based were, In substance;
That an attorney has common law
lien upon moneys which come into his
hands Hs "a general balance Of account;
that la this particular instance the DO.
iondant collected upon a commission,
therefore had a joint interest Ia tho
matter, and could not he guilty OF en-.
bezllemcni; also, insunicloucy OF
evidence to JUSTLY tho yerdis. Of the
jury.
Tbs arguments on both sides occu.
pied some lime, aud finally Judge
Merritt overfulcd the motion. lie said
the testimony adduced gu the trial
CLEARLY established the fact that Nel.
ton had dcuicI tho receipt Of tho
money, whereas at that very time he
hat tho check In his possession and
bad been advanced sums upon II. The
whole case showed an nlrucl0us act by
an attorney who ought W have known
boituf, aud who, by reason o. his pro-
lessioual sanding, was supposed TO
have been au honest man. 81 have no
hesitation az all" added his honor,
IN overriding thia motion. IL the
Supreme court Gays this man can do
Wuat has brrn claimed, then II 10 time
Tor the Legislature ~ change the law on
the subject"
Judge Merritt thufeupon requested
thu defendant 10 stand up for sentence.
Addressing him, he said; "fou have
been found guilty " ombtEElemenL
Tho amount embedded ~ under $50,
c1nttquenty II comes under the head
u pout larceny. l I'M rison you IN
the county Jail for period Of four
moutha.n
Nelson's lace flushed crimson while
Ills honor was apoaKing, aud alter chat.
/ ting few moments with his attorney
/ ne was removed In tue custody OF
| c0uft bailin and takun down 10 the
| iail.
Neither he nor his attorney Il salts.
/ iled with tho result, anu IL y said TO DO
not unlikely, u tho defendant IL ablo
10 raise the necessary fuude, that the
case Will be appealed 90 the Territorial
supreme court without much delay.
GENERAL NOTIONS
In the matter Of u. X. Bloch a Go.
W Lena Hammesolougn anu the Uthh
Title Insurance anu Trust Go. OF al,
upon application OF Judge Dey, for ths
plant IL, Mr. Alexander Rogers, Jr.,
OF this city, was appointed receiver.
George Bnnnon, convicted Of per-
jury, waH ordered ~ come up for beu.
tunou on the l7,h met, on motion Of
Assitianl District Attorney HowSt.
JOhu A., Isaac Va Brigham Young ct
hl. Default anu judgment Dis.
MISSED ~ 10 ChHr.os ID. LlmbeTg
Ouly,
Chas. J. Hubbard W tho Salt Lake
Driving PARK association. Default
and .ecfeo Of foreclosure; $500 AtlOt-
nry's lee allowed,
LeOpolu Goldberg W Herman BAN.
berger Default aud Judgment.
James ,. Brown Vi q. h. WAntlRnd.
Demurrer Oycffuleui live Jays allowed
defendant 10 answvL
Gflmshgw VI Field. Leave given
to tilD supplemental answer.
~
Default aud judgment.
Edgar \. Spgulding Va Abraham o.
Woodruff et nj. Judgment ON default.
singer Manufacturing company vs.
l.. Is. Mexican vt al. Demurrer with.
drawn; thirty days allowed ~ answer.
B1arI OF Education vs. Lyster OF nl.
Tho defendants Utah Stove and Hard.
wars Go. aud NedUr q ClellAud al.
answer.
HuLtet W Hunter. Set for hearing
on Saturday, the nth inst.
Morris Goldberg ct al VI Michael
ShAughnrssy, Motion fora new trial
argued and submitted.
Louis Brown W h. II. Parsons OF al.
Tou days. additional time allowed to
tlu transcript oi record on appeal.
Andrew Mink VI W. II. Lyon et al.
Ton dRys' additional time allowed 10
Me statements on motion Tor n new
trial,
a. HollRnder, trustee, vs. TheO. Bur.
mtstsr III al. Demurrer oyerruled; ton
days 10 answer
David Fisher, a Juror, was excused
ior tho term.
Judge Merritt got through his days
work shortly after IL O'Clock anu there.
fore took holiday this afternoon.
JUDGE BARIOH.
Contrary TO expectation Judge
Barlch--who yesterday returned from
Beayet-did not hold court this morn
Ink. Next Monday his honor will re-
sumo daily sittlngs In his branch OF tho
Third uiatript CDuFt