Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-10-07
IN COURT CIRCLES.
criminal Business Taken Up by
Judge BariCh.
arrcE BURGLARY CASE SOW on.
ps,it Jurors for the september TERM
Fined for Duck Shooting
civil Actions.

rnifl district court buhiness "hs lsso"
a. nv Judge BArtoh today. u. ).
Anorney Judd wss absent, but affairs
we're attended to by Assistants Howat
and Richards. The hrst work OF the
day was the ding by the U. b. Mar
,b.l. Of the following names Of persons
,ummoned on open venire 10 serve n,
uetl, Jurors Tor the term.
Henry l.. Dodd, Calvin Reasoner,
n. NJ. Wilkinson. Hyrum :. sconeli,
T.. "A. Holmes, James O'Haulor, Mill
ion Barratt, Samuel Il. underhill,
THOMAS A. Ball, w. Fowler anu w.
A, Chapman, Salt Lake City; Walter
X, Perkius, Emigration canyon; J. Il.
Ellison, Bingham; James Anderson,
Mil Greek; James spilleti, I,aao
Btockbank, Halliday, Salt Like ooun.
~: Heber Bennion, George Butter.
neli aud David Barker, Tsylorsville,
Sal. Lake county; George Proctor,
Hyrum Forbush, Isaac II. shaw and
Lsu jacobson, Union, Salt Lake
county: Francis IA. Lougy, Tooole;
IA. n, Burton anu Frank rurnbrOw,
Fafmers ward, salt Lake county, w.
q. OrriL, Draper, Salt Lake county; +.
Ffancls Rouechs aud J. Ii. Meredith,
Ksysville, Davis county; ID. l.,
Cnsfiln aud ID. Mclaughlin, Farming
Ion, Davis county; William Prescott,
JUgeph Wiley, Jobn IA. Barlow, w.
A. Lawson anu Henry Ball, Bountl'
iul, Davis county; Il. Il. Ellison,
Layton, Davis county; John +. Ell.
warde, Sugar House, Salt Lake
county.
Upon the call OF tho clerk, all
responded but James Spillett, HebeT
Bennion aud Frank TufnOow.
Isaao Bfockbank was excused for the
reason that he had served as n Juror
within the past year, TO wit, In March
lasi. Lars jacobson was excused be.
cause taking him from home at this
time would work an unnecessary hard.
SHIP on him. MIR. Perkins was ex-
cused because OF recent Jury service.
All others were passed., and subscribed
10 the Edmundi- Tucker oath.
Pending this latter proceeding, a
demurrer TO AN indictment was filed
10 the case Of Peter A. Clark, charged
with murder In the first degree. Clark
had been ordered TO plead this morn
ing. His counsel asked that the atgu-
msnt on the demurrer he set ior
saturday next. The prosecution Of
iscied 10 the posipo enc nj, u nd insisted
on m immediate hearing.
This was ordered, and Mr.. Tewks.
bury, attorney for CLARK, proceeded to
argue In support OF his demurrer,
which raises tho point that there are
two crimes charged Ia the Indictment,
namely, an attempt to take lie, aud
also the crime OF murder, In killing
Henry II. Nugent, at Park CITY,
summit county, on Sept. 10. 1893.
The law provides that but one crime
can be charged In an indictment.
Assistant U. \. Attorney Richards
replied, insisting that only one
crime was charged, namely, muir
der In the first degree; while
the frat part was merely
recital OF tho assault by which tue
murder was committed. This recital
was essential 10 the validity OF tho
Indictment for murder, aud did not
Allsge a separate oaenae.
Tue indictment was In the usual
form that has been followed for years
In this Territory. Judge Bartch read
II over carefully, aud then overruled
the demurrer.
A Jury was called In the case OF
Samuel Grice, charged with burglary.
The defense raised tho point that the
defendant had been In Jeopardy before,
having been convicted Oct. l, 1894. OF
the same otfense. This prosecution
replied that the former indictment was
held 10 DO defective, hence there ~ai
no legal jeopardy. This view was
taken by the court, and tho trial was
proceeded with.
The defendant 6rioe was represented
BY ]. M. Hamilton and T.. w. Morse.
Ms. Grice sat beside her husband W II h
an Infant In her arms aud boy three
or four years old by her side. Thess
constitute the Defendants family.
Thsir clothing and general appearances
Indicate poverty.
MT. Grioe Ia accused OF having bur.
glarired James w. Wilson's butcher
shop nj tho corner OF Eighth
West and First South streets, Ia
this city, March 81, 1895. The
prosecution claims that knife
tiolen fror, the butcher shop, a tool
hitting the marks where the door was
pted open, with other alleged stolen
stioles, were subsequently, found at
MI Grlca's house. Mr. Grice claims
mat he was not absent from home tn e
night OF the burglary. He says that
Tue next day he found the knife, tool,
ana other articles, In field In y sack
Ahu carried them to his house. IL II
On ihls oircumstsntial evidence that q
conviction was sought, aud which the
uelense hoped 10 explain satisfactorily
70 The Jnry. Mr.. Wilson and polio,
onicers testified TO the burglary and
hnaing the articles named IN Grice'i
POSSESSION. Grioe and his wife testi.
neu 10 The defendant being At home the
evening the crime was committed, ani
DIS hiding sack containing the
stolen articles,
me case had not been concluded al
/" me time OF going to prsss.
BEFORE JUDGE MERRITT.
The civil action department wa,
eonuuctod by Judge Merritt as follows
houA w. DittmAn va w. r.
o,Me.rs; motion for new trial sus.
Wlnsu and new trial ordered.
John Featherstoue vs. Emily Page
VA court ordors that clerk pay plain.
TN 'he 500 deposited for attorney fees
his costs.
Frank Thompson VS. John Brognn
e'ali demurrer overruled.
d Wingarteu VI Western Loan nd
ruled.
Elijah Sells Va Il. 3. DeGolysr; DO,