The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-26
CRIMINALS ON TRIAL
Judge Norrell Commenced Work
Yesterday Morning.
SEVERAL JURORS FINED
-&--
FRANK PEYToN PLEADS GUILTY
OF EMBEzzLEMENT.
Joe Walker On Trial For Robbery
Trespass and Damage Suit On Be
fore Cherry-Clerk Dunbar Hears
Divorce Case-New Suits Filed
Will Of John C. Lynch Filed

Judge Norrell opened the criminal
branch of the Third district court yes
terday. 1t was quite a busy day be
fore the court The first business on
hand was the matter of jurors. The
venire issued called for tbs following
gentlemen: Samuel Robbins, David
w. Evans, Frank P. Morgensen,
Stephen w. Alley, Orson H. Hewlett,
Charles H. Brink, e. NJ. Onion, John &.
Davis, Joseph Carlisle and others, who
appeared. The first four jurors did not
answer to their names when they were
called, and on their appearing in court
later on, were fined $3.50 each.
Orson II. Hewlett, who is supposed to
be in the east on business, was ex-
cused. Russell Tracy was reported as
being on his way home from Denver,
so he was excused for one day. Charles
H. Brink and e. M. Onion put up good
excuses and were excused for the term
for business reasons. John G. Davis
was excused because of deafness and
Carlisle on account of infirmity.
The first matter disposed of was the
state VS.. Frank Peyton, charged with
embezzlement of a sum exceeding $50
This is the man who got away or at
tempted to get away with the cash
belonging to Louis Berets, the pro-
prietor of the European restaurant on
Second South street. BY consent of
the county attorney, Peyton was al
lowed to change his plea of not guilty
and to plead guilty to embeZZling a
sum of less than $50 and for this he
will be sentenced Monday. The maxi
mum punishment is six months in the
county Jail.
When the case of the state VS..
Samuel Clark, charged with robbery,
was called it was noticed that several
of the witnesses for the prosecution
were not in court and therefore the
matter could not be heard Attach
ments were issued for Paul Mutele
Robert Houston and w. B. Walker and
the cause continued until Thursday
! Dec. /.
The case of the state VS.. Joe Walker
charged with robbery, was then taken
IN and was on trial at the close OF
court for the day.
Walker is charged with having
robbed a man named James Smith OF
$3.50 and watch of the value OF
| $40.
I 1t appears from all the testimony
that Smith was drunk and inclined to
be sporty That Walker and he met
and it was proposed they get a couple
| of girls and go out for a time. Walker
found the girls, me party took a hack
and all went to Nelson's road mouse
down on lower Main street. Dowr
there the principals became involved
in a dispute as to who should pay the
bills. Walker backed Smith up against
the bar and took his money and his
watch, paid the girls 81 each, the hack.
man some, pocketed the watch and 6
couple of dollars and gave the bal.
ance back to Smith. The party ther
came up town and Walker got off a
Fifth South while the rest Of the party
came on up town. Walkers defense
was that Smith had agreed to pay al
the expenses, but when he objected, he
Walker felt in honor bound to compe
him to keep to his contract.
Defense subpoenaed Nelson, but i
was evident that it did not pan out a!
was expected, for Nelson stated he OBJ
jected to the manner in which the
work was done. He also testified to
third party being present, who ha!
as yet failed to figure in the case.
Counsel for the defense was in TIT
midst of an argument when the cas-,
closed.