The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-06-25
NOW IN JURY'S HANDS
Hearing In the FarnSw0rth Case Is
Finished.
LIKELIHOOD OF MISTRIAL
NO VERDICT REACHED AFTER
HOURS OF TALK.
Judge Marshall, at the Request of
the Jury, Gave Some Supplement
tai Instructions at 10 O'Clock
Last Night Attorneys Believe
There Will Be No Agreement.

The Farnsworth case went to the
| jury at o'clock yesterday afternoon.
At IL O'Clock last night no verdict had
been reached and Judge Marshall went
home, leaving instructions for the jury
if an agreement was reached to return
a sealed verdict The attorneys on
both sides are of the opinion that there
is going to be another mistrial.
John NJ. Zane closed for the defense
yesterday morning. At 2:45 Judge
Street concluded the last argument for
the Plaintiff and Judge Marshall in
structed the jury. Among other things,
the court said that if the plaintiffs were
entitled to recover anything they were
entitled to recover the full amount sued
for.
Continuing. Judge Marshall instruct
ed the jury that if 1t believed Farms
worth acted as agent for the Nevada
company in making the deals sued on,
it must find for the plaintiff. If it be-
lieved from the evidence that Farms
worth acted for himself, it must find
for the defendant. In conclusion, Judge
Marshall laid down the law relative to
agents and principles.
Asked Further Instructions.
At 10 o'clock last night the jury sent
out word that additional or supple
mentary Instructions were desired. The
attorneys on both sides were sent for,
Senator Rawlins being required to get
up out of bed, whittier he had gone To
rest before rising at 2:3O this morning
to drive TO Brighton. The question
the jury wanted light on was as to
what constituted agency.
Foreman Cutler explained matters to
the court and asked him to state the
law again. IF the defendant" said
Judge Marshall, in reply, .purported to
act as the agent of the Nevada COM
pany, although not authorized to do so,
and If his actions were afterward ratl-
fed, that would make him their agent,
although he himself might have made
a mental reservation.
There might also be circumstances
that would make him an agent against
his will If he had promised an officer
or agent of the company to do certain
things, and in pursuance of this he pur-
chased property, he would still be an
agent, although in his mind he intended
to act for himself.
More Light Shed.
Beyond this, if the defendant knew
plaintiff believed he, defendant, was his
agent and without correcting that i'm
preston he went ahead and made pur-
he is eStopped from coming In
now and denying that he was agent.
II in the lone transaction the defend
ant, by reason of his position as agent,
knew that plaintiff wanted to buy the
mine, he would have no right to take
advantage of that knowledge and buy
the mine for the purpose of reselling it
to the plaintiff
At this point Juror Wilson w. Cole
asked: Would the fact that Farms
worth was working for nothing make
any difference
NO" was the reply. That would
not cut any figure. Besides, there is no
20 show that FarnSworth
acted without compensation. If he ac-
cepted money under a promise of act
ING for plaintiff it would make him an
agent"
These statements by Judge Marshall
covered the ground desired, and the
Jury once more went out. 1t is proba-
BILE that if no agreement is reached
before, the jury will be discharged
about 10 o'clock this morning.