The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-04-28
R'rom The Herald's CONSEQUENTLY

F'rom The Eerald's Correspondents.)
Provo, April 27.-An affidavit Of
rather extraordinary character and sa-
voring somewhat of sensationalism was
filed today in the case of W. B. Slick
vs.. the Rio Grande Western Railway
company, which came before the court
on a motion for a new trial. The af-
fidavit, which was made by NJ. NJ. War
ner, counsel for the plaintiff, was used
III support of a motion asking the court
TO request another judge to hear the
motion for a new trial. on the ground
that Judge Dusenberry is disqualified
from sitting to hear the motion.
The affidavit sets forth, among other
things, upon information and belief,
that Judge Dusenberry has been given
a railroad pass over the road of the
defendant, and that the laws of Utah
prohibit the giving of passes to persons
ether than employees of the company
From this state of facts the affiant be-
lieves that Judge DusenberTy is in the
employ of the company, and that he
is so employed in the capacity of at
t0rney and counselor for the defend
ant; and the affiant believes that his
client cannot have a fair and impartial
trial before the judge because of his
interest and prejudice in favor OF the
railroad company.
Another affidavit made by Mr.. War
ner is to the effect that D. D. Houtz
informed him that while riding from
Price to Provo on the Rio Grande
Western railway, about the 14th or 18th
of April of this year, Judge Dusenberry
exhibited q pass to the conductor who
allowed him to ride thereon, and that
D. D. Houtz took the pass and in
spected the same, and also inquired
OF the judge how it was that he was
entitled to ride upon a pass. The af-
1idayit also states that s. r. Thurman
was present at the time.
At the hearing this afternoon Mr..
Warner read the affidavit and asked
the court to grant his motion. Mr..
Thurman, who is counsel for the rail-
road company, stated that the court
knew the facts; that so far as he was
concerned he had not ridden from
Price to Provo in company with Judge
DuSenberry on the day mentioned, and
that the affidavit was not correct in so
far as il mentioned him. He stated
that it had been the practice of courts
for. years to ride upon passes, and if
he would not be in contempt of court,
it was his opinion that any judge who
would be Influenced in his judgment by
the fact that he was riding on a pass,
ought either to surrender his pass or
resign his official position.
The judge stated that he had not
ridden from Price to Provo in company
with Mr.. Houtz, and that if the motion
was made upon the ground that he was
disqualified from hearing the motion by
reason OF his interest or prejudice, that
the motion would be overruled, which
order was duly entered.
COURT PROCEEDINGS.
The case of the Rio Grande Western
Railway company VS.. W. w. Ferguson
ct al was concluded today and sub
mitted to the jury. a verdict for the
defendant, assessing the damages at
$1.556, was returned.
Sarah Rogers of SpringvilIe was
granted a decree of divorce from Frank
Rogers. and her maiden name was re-
stored to her.
Another venire for trial jurors was is
sued today. The venire is made re-
turnable Immediately and directs the
appearance of the following persons
William H. Snyder, Fairfield; Benton
H. Brown and Hans Larson. Spanish
Fork; MorOni Miner Springville; Con- j
rad Moog, Vineyard; L. S. Moore, Lehi; |
John A. Warner, Provo; George Sea- |
berry, T. NJ. Elmer and James Boyle |
of PaVSOn