The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-02-02

The quo warranto proceedings of E.
D. R. Thompson against LIE Grand
Young in regard to the Office of judge
of the Third judicial district, was ar
gued on demurrer of the defendant to
the information laid by the relator in
the supreme court.
Justices Bartch, Miner and Rolapp
were on the bench, Chief Justice Zane
being disqualified, he being the attor-
ney in the case at one time. The re-
lator filed a bill of specifications and
particulars of votes he claims were
cast for him at the November election
I'M Salt Lake, Summit ana Tooele coun-
ties, composing the Third judicial dis
trict, which votes he alleged were coun-
ted for his opponent, Judge Young. The
number of votes alleged to have been
counted at each precinct are set out,
the total numbering, 100, greatly more
than sufficient TO overcome Judge
Young's majority of &c, if the allega-
tiOnS are sustained
The defendants counsel filed a de-
murrer seuuing up that the supreme
court had not original jurisdiction in
the case for the reason that the infor
nation is not brought in the name of
the state, and by its attorney general,
and that while the information filed
is designated as an information in the
nature of quo warranto it in fact is
proceeding to contest the rights Of the
relator Thompson and the defendant
Young to the said office of district
judge.
1t was also urged that the informa-
ton did not state facts sufficient to
entitle the relator to the relief sought
or amy relief, and further that the in
formation is ambiguous, unintelligfble
and uncertain in that while it sets forth
the territorial extent of the Third jul
dicial district IN which the election
was held, and that siXty-seven votes
cast for the relator were by the wrong
full and illegal action of the judges of
election rejected and not counted for
The relatOr, for the reason, as alleged,
that said ballots had by inadVertence
been deposited in the wrong box, the
information nowhere alleges or sets out
at what particular poll or polls in said
district the said votes We're cast, nor
the names of the said electors who cast
the same, and no information whatever
is given by whom or what particular
place or places the said votes were cast.
The said information further sets out
that at said election a large number
of votes, to-Wit, more than ninety, were
cast in favor of the relator for said
office of district judge, which were by
the judges of said election wrongfully
and Illegally rejected and refused, but
the information nowhere sets out either
the names of the voters whose votes
were so rejected, as alleged, nor does
it anywhere set out or designate at
what poll or polls the same were so re-
iected or by what Judges the same were
rejected.
The arguments were made by Attor-
neys John NJ Zane and c. c. Dey for
Thompson, and by Attorneys P. L.
Williams and c. ]. Pence for Judge
Young, after which their honors took
it under advisement, promising t2 rem
der a decision on Tuesday next at
p. m.
MOTION FOR ALIMONY.
The divorce suit of Jennie Johnson
against George W. Johnson came up
before Judge Young on motion for tenn
porary alinony, Attorney W. H. Hall
appearing for the plaintiff and Attor-
ney j. T. Richards for the defendant.
The plaintiff was examined and tes
tilted that the marriage took place on
April %, 1893, in this city and that
there is one child of the marriage, Lei
cester Maurice Johnson, now 2 years
of age That directly after the marri-
age the defendant, without cause, de
serted the plaintiff and wilfully neg
lected to provide for her or their child
the common necessarieS of life.
In the complaint it was also set up
that the plaintiff at the time of the
marriage was and is yet a young Wo-
man of fair address and educational at
uafnments, of good parentage and good
repute among her relatives and ac
ouafnfances, and earned an honest liv-
ing in reputable vocations in life, and
that now she is compelled to earn a
living for herself and child as best
she can. while the defendant is an able
bodied man. with an income of $50
month. She asks for a decree of di-
vorce, the custody of the child, reason
able alimony and attorneys fees.
The defendant was examined and
limped to the witness stand on pair
OF crutches. He said he had sprained
his ankle recently, and at present was
unable to work. At the best Of times
he was in poor health, and could earn
very little. The defendants testimony
was corroborated in regard to his earn
ing capacity, and his honor, remarking
that the man appeared to him to be in
capable of earning much, if anything,
at the present time, made an order
that he might be cited again at any
time when the plaintiff thought he was
earning anything.
PLEAS ENTERED.
The following persons under indict-
ment We're brought in Judge Hiles'
court to plead, and entered their pleas
as noted:
Ernest Gray. robbery, pleaded not
guilty and trial set for February II.
Albert Jellineck, assault with dead
ly weapon. pleaded not guilty; trial
set for February Is.
James Collinson. burglary, pleaded
not guilty and trial set for March Is.
Fred Gray, assault with a deadly
weapon. pleaded not guilty and trial
set for February II.
PLEADED GUILTY.
L. R. Steele. charged with assault
with a deadly weapon with intent to
do bodily harm, was allowed to plead