Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-10-11
DONE UP IN COURT.
The Jury Brings 10 a Verdict OIL
Gully for Storey.
wnIrEHg,b,s BONDS FORFEITED.
On Trial for Grnnd Larceny-sult on
$1,000 Noie-Othcr
Legal Matters

Criminal cases continued In Judge
Baftoh's division OF tue Tbird district
court today by the resumption OF the
arguments In the trial OF James Storey.
charged with assault with intent 10
commit rape. At iho conclusion OF the
speeches Of counsel, Judge Battch
made his charge 10 tho Jury. An i'm.
pOttant itom therein bearing on this
case vas the instruction that voluntary
intoxicAlion did not make an action
less criminal unless IL was shown that
all power TO distinguish between right
aud wrong was gone at tho timS the
act was committed. Tho case was
then given u thcJify, which retired In
charge Of Bald Listener. In lcss
than m hour the jurors returned
with verdict OF gailiy Of assault with
Intent to comniit rape. Sentence Will
be pasasj on Monday, o,t. II.
Toe next clso oallrl resulted In a
bond forfeiture, wnieh may DO ss,
u8iio on the appearance Of tho doion-
dan, with good showing OF causc Tor
hi, absence. Charles q. WhitehtaI,
indicted TOT grand isiceny, failed 10
ioipoud. Tue nEms, OF his bond.ncn,
Hugh J. Cannon AMI Lewis ~. Can.
moo were called and an order Of bail
orie 'tute made by the court.
Witnesses for the defense were Of
derec sub nnAed IA the case OF John
Cannon, Rcinsed o. forgery.
Ia tue ptrufy cato against w. II.
doflheimer, tho defendant was ready
for ui.l, but material witness
or the prosecution had been
detained at Denver, 20 this case
was passed upon the applies
zion Of Judge Howat, with tho under
standing that IL may come TO trial next
Tuesday n the witness got, here by
hat time.
nEFORg JUDGE MERRITT.
In tue matter OF the estate Of Joshua
RJbi1sOn, an ordsf was entered dlt.
missin the appeal upon stipulation OF
tue parties. be Grand Young having
Withdrawn hls appearance ior appe-
LIANT, Jonn A. MaTshall and /. 81.
Wa idell were aubstitutej.
pls remainder OF Ju ige Merritps
time was taken ~ lislening TO the
eviicncc in thu suit OF W. q. a Smo1l
Va Pacific Lumber company, all action
for alleged ovsrcn trgef; he aiso alleges
that sOnebo y forged hi. name 10 u
certain uEnsfvr OF atJck In tue COM
pauy, but how tbs forgery was com.
United has not beoa shown yet.
NEW surrs
Mary Judge and Josish Barnett be.
gan suit Ia equity In the Third die.
trioi court tousy against Kelly a Co.,
tue National Cooperative Buiiding
aud Investment association, the salt
| Lake Llthographing company, snd
Joseph X. aud NJ. IA. Walker, doing
business Ne Walker Brothers. II 1. al.
legged that on thu 18TH OF August, 1892,
John Judge loaned Kelley a %, 49,.
900 Ia cR.h, payab.e In nve year, al
the rate OF " per cent Interest; that the
defendants rave n trust deed on Ger.
tain property as sscu.ity, Josiah Bar.
nett being trustee; that tue prOniissOfy
uule has been transferred TO Mary
| Judge; that NO Interest gu tho note
| 1924; lhat the National Cooperative
/
u pay tho SIS, 900; that the mortgaged
| property has Ossn transferred by Kelly
a 90. to the salt Lake Ltnogfaphio
company; and that the other deiend-
ants have n claim upon the property,
because OF tue iallufu 10 meet thu H.
tetest payments, A foreclosure OF the
mortgage IL asked, with $500 attorneys
Zoo, and costs OF suit. Frank Pierce 10
attorney for plaintiff.
This Il. 81. Bishop Cigar company
| also brought suit againGt Hyrum,
Groesbeok and Joseph y. Groesbeck,
| a. bondsmen In q cate where judgment
had bse, secured Ia tho Jus,ice's court
aud M appeal taken. GA thu trial Ia
the higher Couri, the Judgment wsa
for the same parties that won In tue
Justices court. THIS judgment has not
oeen satisfied, honos In this suit the
plaintiffs ask judgment against the
bondsmsn, Hytum and Joseph 5.
Groesbeck, for sSs7.l0 and Interest
from March IL. 1895. at 10 per cent.
IL. b. shel ard Ia attorney for PLAINTIFF.