Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-12-09
in THE LEGAL ARENA
The Supreme Court Holds a BrloI
Session,
PASSES on SEVERAL QUESTIONS,
And Promises 10 Go ont In "lilaze
Of Glory" on D,csmhfr al
O,hcr Court business.

| territorial Supreme COURT when nd-
jOufued to this date, met, with Cniol
Justice =. a. Merritt AMI Associate
justices George w. Barcb, w. II.
King and II. II. Rolapp present. Be
aidte the full tonch there was large
attendance Of members Of the bar
from this city, Ogden, Provo and
other places.
Immediately upon the approval Of
tue mi utos Of tue last sUasiUH Hey.
/ wood NJ. GIbos, OF Nirgluil, Daniel
u. To1nsy, Ot North DaSoia, Ma.
thaniol V. Jones, OF salt L,lc, Miles
4. johnson, Of Colorado, and Colonel
A. g. Ellis, VI Salt Laso, were nd.
miltgl 10 the bar.
RESOLUTIONS OF respect, passed by tno
Bar association, relating 10 the death
Of the late Associate Justice II. w.
smith, were read by G. 3. Kinney,
and by the Supreme court ordered
spread upon its minute.
Judge King announced that the
petition Of l.. L.. Richie Tor rehearing
waa denied.
In tue cass of Joseph Krsniz VI
the Rio Grande Western, asm.lir Pc
ltlon was denied.
In the case Of petition for foheutlug
In the suit Uf Is. r.. Wells VI. john
Kelly, Judge BaTtch stated that the
l'tltiOn would be- granted on particu-
lar point upon which there was some
d lubt a. to other matIofs; u TUhcarug
wn- not alloweJ.
Judge BATtch also announced that In
| tue cumiual libel case against Vim.
| Hlassmau, OF the OGDEN STANDARD, a
new trial WAS ordered.
10 the Cate OF w. T.. Noble MofoaT-
tile Co. VI Arthur PArons and NJ
| Pleasant Equitable Cooperative, a
new trial was ordered.
Judge Merritt announced that a 10.
hearing waa denied in the suits Oi
Junck 4 Fabian We H0lbrnoE, the
| Fist National Bank Of Ntphi vs.
Footc, anu Cook vs. the Bulnon Beck
q champion Mining company.
The suits u ], G.. Arm.irong Va o..
den City aud J. Dyer W T.. a. n.
Psuous, the cases were ordered re-
| submitted on briefs, ~ Judge Smith,
| who had had tue deolnions assigned TO
| him, dlod before he could make the
same.
Judge Howal will take the question
| VI NAAN NNANNNNN ~ y HNAAAAh ~ wv IAANNH
to the buuieue court Of the United
States. His gtouud IL that tuo Ter.
| ritofial statute % violation q thu
Fuderal Consultation. Tho court de-
oidod against him on this polnt today,
In a civil case, hence tue appral.
After some formal matters, Chief
Justice Merritt stated that when the
court adjourned II would 10 until De-
Ce mber a, "wheu the court ozpects 10
tinish up It's work and ~ out IN blaze
OF plory.b
In the w, w. Wilson habnus corpus
case, wherein the writ was denied by
the Territorial court, m appeal was
taken TO tlo United states Supreme
court.
Court then adjourned to Dec. 2ls,.
the DARLINGTON CASE
The hearing IN tho case Of the Peo-
pie Va J. y. Darlington, the Brigham
CITY doctor md eK. u. b. commisslouor
who l. accused OF the unlawful uso Of
instfume "a by WHOM Mr. Ida
Page came 10 her death Ia this city a
short time since, was 10 have be u Ia
U. 3. ICOmmissioner Prat's e.
today at 10 o'clock, and nt that hour 70
number VI WitntHses aud the defendant
and his attorney were on hand, hero
was no ono present n represent the
persecution, 40, after waiting while,
the hearing was postponed I'LL this al
ternOon.
| This afternoon II was claimed that
the u. =, commissioner had nOt iutla.
diction. This was Overfuled, anu a
postponemeut WAS taken till tOmofrO
At . O'Clock. In the meantime the case
may appear in different form In tine
distfict court.
FOR STEALING BABY CLOTHES.
willard Carter ami Fred Knitted
were before u. =. Commissioner Pratt
today ON two charges OF petit larceny,
Tor tobbiug clothes lines. one CON.
plant charges that they took lot OF
articles Of baby's clothing from tho
clothes line OF Thomas and Mary
Hiudmafsh; the value OF this clothing
Ia placed AT 81. Tho other oharso
Ia that they took lot Of baDy
clothes from line belonging
to w. W. Park, the value being 50.
All the clothing was found on tue
premises VI the accused, aud Carter ana
kin1vl were arrested Saturday night.
Carter has served a term IN the pe0l.
Tertiary for horse stealing.
When the parties were arraigned,
Knilzel pleaded guilty, and was lined
S75, with the alternative OF 20 days In
prison. A. no hal no money, no was
committed 10 the county lail. Carter
pleaded not guilty, and % Knuzsl
claimed to have been alone In tue
commission OF the Unbusu, the cas-
against Carter was dltmisseI.
knilz3l has q wife ana child W E.ut-
cur.
NorE8
Mathew Hilbert has been igrantsd a
divorce from Caroline Hilbert, on the
ground Of dosertlon.
Mary Latte et al Are.bcing sued by
Truth A. Miner for sl,sOO, uue on \
promissofy note secured by a mort.
gage,
Judge King was up from Provo the
morning, 10 be- 10 attendance at On,
meeting Of the Territorial Supreme
| Court.
Judge Il. II, R,lapp made bile Initia
appearance On tho Supreme Count
bench to-day, this being the fret SCI.
sion OF tbs court since tue Judge was
appointed.
In view Of tho approaching change
To Stats Jurisdiction, tho Utah at.
tnrneys are earnestly discussing ques.
lions OF procedure relative to the
transfer OF causes rom the Territorial