Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-12-06
In LEGAL TRIBUNALS
EiUiG5 Litigation Closed by a Ss,tls-
msBt BitElo1 Parties.
McDoSAhD's MOVE FOR NEW rRist
Damage Suits BY Passengers fjcstcd
from Il. q. ". Train-Ribbery
Case at Huutsr.

Ihtte chsea OF tho PhWni1 Mining
company W A. j. Ca6ilUman q; al
were ended In the Third Jislrict court
today before Judge Merritt. Rsgart-
ing ons OF these 1. 10 stipulated between
thu partipa that the demands against
zach other Icing fully settled and i'd.
iusted,k,he action ia dismissed Al
the oost OF plaintiff, and tue d-fone.
ants wAivN oil claims Tor damages
against plaintiff by reason ofihe writ
Of repltvln; anu II ~ agreed tina, tue
plaintiff IL 10 retain the proceeds de-
rived frgn the sale OF orc taken unuvT
the wit. In tue other two cases a oct.
utmgnt btiur elected, tue suits were
dismissed et PLAINTIFF clt,.
MDoNAtD's CASE.
Frank McDjnalu, tho ez.rollcoman
convicted OF having committed on 49,.
snult, with latent 10 murder, uuon
Emil sackcson, was before Judge
Merritt today, having been called 70
receive sent.ncc. his attorney, Judge
Powers, moved for ncw tnal, ard
also made motion il arrest OF juGg.
meni. Tho Judge claimed tnht the In.
1ictmcnt on which a conviction wat
TAI was invalii because II did not
state that the sssault was made with
malice. Judge Howat rtgued that
the point by TIE duisndaups attorney
was g9t well taken; that thu mahcr
mutt be changed in an Indictment for
murder, bu not ih an indictment
charging assault 10 murder. In his
remarks, Jujge Howat said that this
was tho fast limu he had ever heard
an attorney asrlgn ~ error ftqut II
lac had made Of the court himsoii, NJ
Judge Powers had done himsulf In
this casp. Mr. Strap followed Mr.
HUwAi. There was Considerable scrap.
ping and COntradiUtlng each other on
the part Of the attorneys, mostly In q
humorous manner, and the case was
taken under ndvlsement by Judge
Merritt, with suggestion that a DO.
cision would DO rendered on Monday.
CHANGED WITH ROBBERY.
A man named Gray was uoioro U. s.
Commissioners S0mmet Today on u
charge Of robbery. The accusation
against him 10 OF II serious nature, anu
n conviction follows no viii DO rea.
sonably sure OF long term Ia iAil. IL
Ia said that on tho night oi Nov. 30
Gray went to tue home Of Mr.. aud
Mt. Ware, In Hunter precinct, Sail
Lake county, ana asked for supper. At
soon No he was IN ths house ho drew =
revolver, aul compelled the parties "a
give him what money was Ia the
house-S20. Ho was subsequently,
seen anu recognized by Mrs. WAte,aud
bis arrest followed. Mr.. aud Mite. Ware
assert positively that Gray II the rob
Der, while Gray inaitts that Il ie case
OF mistaken identity, aud ho claims to
bo able to prove an abb. Tho casa was
being Investigated by the commission
or Mt the time Of going " ptess.
SUED THE II. O. ",
Robert w. smith has begun suit In
u. 5. Commissioner Sommer's court
GrainBt the RIO Grhnde Western Tor
s299 damages Tor being put of the de-
iuudaups train between Bingham
JUNCTION and this city, on Deoembo
., Nj. Smith rays he came from Bling.
ham, having paid his 81 fAte anu 200.
(, XtrA because hn paid his fare on the
train, aud received a drawback check
Tor tha 70 cents. He says that hs was
allowed TO ride to this side OF Bingham
junction, when another fare was de-
manded, aud although the draw bsck
check was presented ~ evidence OF his
having paid Tor the ride, II wa,
distegarJed, the train was stopped, aud
MIR. smith was violently put OFF the
train, being caused much inconveni'
ence ald suffering by reason OF the
cold anu having TO walk long dis.
tAnGo 10 secure another conveyance.
A companion salt 10 this IN on be.
half OF Mrs. II. 3. Smith, wife nj i.0bI
w. Smith, who wnB put on the train
with her husband under the same oif-
cumsta lees. She also demands sos
damages iron the railway company
for its hcliOn.
NOTES.
In the suit Of g.. H. Jones vs. J. w.
CLARK OF al, Geo. w. Sutherland wa
substituted today aa referee.
In the Gaze OF the peopl7 vs. Red
PHILIPPE, charged with larceny, the
grand Jury reported having Ignored
tho sass, and Phillips was ordered dis
charged.
Judge Bsrtoh 10 not holding sessions
OF court siuce mis- return from Beaver
but IL buHily engaged IA suprem'
! court matters, part OF which 10 th1
preparation OF opinions on cRsea now
pending before that tssbunal.
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