The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-01
BERKENSHAW IS GUILTY.
A JURY SAYS HIS PAVILION WAS
a NUISANCE.
The Defendants Mix Things Up and
Try to Non-Suit the tase, But Are
Snt on BY Judge Smith-Legai
Tits and Cid ScandaIs-PoIiee
Court News.

Court News.
The family feud which has existed ana
been constantly spatted between Berken-
shaw and Campbell at the corner OF
Fifth South and Fifth East, and for the
past three weeks had spasmodic inning
and partial airing in the police court.
was finally washed OUT in the pres
ence of Judge Grant H. Smith and a
jury yesterday, and Berkinsnaw was
found guilty OF maintaining nuisance.
Inc case made the court SO SICK tndl ne
had scarce sufficient strength left 10 in
Struct the jury as to how they should
reach their verdict and hand it in sealed,
70 be opened Tuesday, Monday being
holiday.
Mixed Up the Defendants.
During the progress of the trial, Acting
PROSECUTOR Van Horn and Defendants
counsel Straup had many tits that really
made the trial a farce, in which the feud
between Campbell and B.rkinshaw, in
their silly fights about alleys, side lines,
noises, nuisances and wild and weird
music, hoodlums, insults rbaldry, dam
aged property, sleepless nights, and all
the combinations of real and fancied
wrongs that crop out of running a dane
ing pavilion in respectable residence
neighborhood were aired. AT the time
the first arrest was made charging
nuisance, William Jacob Berkenshaw was
the one of that family name who an
Swered to the charge Of being the pro-
prletor of the dancing pavilion, but on
being conveyed to the police station in
the patrol wagon, the father of William
Jacob Alma BerkenShaW conceived the
brilliant idea that he would mix things
UP little by shouldering the charges
and assuming the responsibilities. When
the desk sergeant made the booking. the
entry made was Jacob Berkenshaw,
charged with maintaining NUISANCE ana
bond was given for trial. Accordingly,
at the trial, the prosecuting witnesses,
ing against one defendant, while the
other man was playing the role. thus
hoping to have the case non-suited.
Defendants counsel, Straup, declared
thus mixed up, and he was acting in
good faith in his defense for his client,
although he was the wrong man. How
ever. he did not hesitate to ask for a
ment to get his client free by this
| means. but the court went against him
once at least, in his many, requests, and
! decided that instead of a hon-suit, they
would go on with the case by putting
| the proper defendants name in the COM
plant.
Some of the Evidence.
| Witness e. w Wilson testified that he
was agent for property in the vicinity OF
the objectionable pavilion at Fifth Sout1
and Fifth East; that his tenants had
moved out after having PAID their rent
| in advance, and that he could not get
! other tenants to move in on account OF
! the pavilion being a nuisance; Kept the
morality and rendezvous for hoodlums.
G. D. Walker lived two blocks away and
could plainly hear the noise which kept
him awake, the music and calling OF the
! dances and the boiSterouSnesS or the
John Rees, 532 East Fifth South, had
| lived there thirty years and knew Berken-
shaw twenty-five years! He swore he
| couldn't sleep on account OF the noise,
| and that the relic of piano they nau
sounded more like an Indian drum than a
| piano, and simply narrowed up his soul
| and gave him the shivers
Complaining witness Campbell said MS
| house was only thirty feet away from the
| pavilion; that sleep was out of the Ques-
! ton; that his wife and daughter was fire.
! Quently insulted by the hoodlums who
| congregated there nightly; the crowd was
! noisy, boisterous and generally bad; he
owns two houses next door and the ten
! ante thereof were Sorely afflicted. 1t was
at this point that in the side plays be-
! tween counsel and witness, and then be-
! tween opposing counsel, that the fact de-
veloped that the defendants were mixed
| up, and just who was (which, father or
son, or both, or neither became evidenced.
The expose made by the elder Berken-
| shaw was ludicrous IN the extreme.
THE court will refuse to grant the mo-
| ton for a non-Sult, concluded JndSe
| smith, ana tnen BGrKenSndW S6uiOT WGIIL
| on to tell that Campbell and he were
| rot friends, but had fought like cats and
| dogs for the past two years; that Enoch
! Ford had leased the pavilion and he had
! nothing to do with it; that afterward he
| leased it to his son for whatever he could
| pay no price being fixed; that he only
| acted as agent for his. son in handling
| the money; that ''tf1e dances were always
| conducted orderly, no noise and all nice
! people"
The son testified on the same lines as
| his father and after Tits and Wrangles
| the case was finally given TO the jury
and Judge Smith went home to a sick
| bed at O'clock and at $50 the jury
handed in a sealed verdict. of guilty as
charged in the complaint
Minor Cases.
! The case of Mrs. Grant. charged with
keeping a house of prostitution in a res.
| pectable neghborhCOd and "Al Freeman
! charged with being frequenter of the
same. was set for hearing next Tuesday.
| William Lynch. charged on the docket
| of being drunk and disturbing the
! peace" but who was really arrested as a
| suspect for holding up and robbing a
telegraph operator, will have hearing on
| Tuesday.
| the sum of 500 with j. j. Corum and
| Hugh L. Eyler as sureties
! Police Clerk John James paid SlG22SO
| into the city treasury yesterday. the re-
! suit of cash fines in the police court dur
! ing the month of August.
Good MANY have been undecided