davidaulloa/AmericanStories huggingface dataset:
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
estate. The petitions viii be heard
Feb. q at 10 o'clock.
Supreme Court Case.

The supreme court handed down de-
clsion yesterday afternoon In the case
OF Frank Thompson, respondent ys =.
Hays, appellant, affirming the Judgment
Of the lower court which found IN favor
Of plaintiff,
The case was brought TO quiet title
to the water right In Brown and SAN
ford irrigation ditch IN Big Cottonwood
and II was decided by the lower court
that the title was In plaintiff. The de-
PENDANT Hays appealed to the supreme
court on the ground Of errors COM
mitted on the trial Of the cause.
Judge Roapp rendered the decision
Of the court which Is concurred in by
Justices Bartch aid Baskln. The de-
cislon states that the record In the case
Is fatally defective, inasmuch as IL
fails to set forth any motion for new
trial and does not state any groundsup-
on which such motion would be made.
Consequently the grounds for a new
trial not being In the record, the court
cannot surmise what the grounds were
and has no means Of knowing whether
any errors occurred on the trial, wheth-
er the findings supported the proof.
Hence In this case the only thing before
the court Is the Judgment roll and as
no errors appear upon It's face the judg-
ment of the lower court IL affirmed
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
OLD ROBBERY CASE.
Woman Comes Out of Prison 10 Ties.
tlfy Against Negro Companion.

Andrew Murray the burly negro
charged with completely In the crime
OF robblng An Sing, a Chlnaman, sew
eral months ago, had preliminary
hearing before Judge Dlehl this morn
ing
The case was prosecuted by Assistant
County Attorney Loofbourow and de-
Tended by Attorney Ray Van Colt.
The principal witness against Murray
was TITLE Williams, the woman who Is
now serving three years for the rob-
berry.
The woman told a most graphic story
about the robbery and declared that
she did not take the money but that II
was Murray who took IT from the
Chlnaman's pocket.
After Murray took the money said
the woman I'VE ran down the alley
west OF Franklin avenue and Murray
pulled out a knife and said he would
cut the Chinaman's head off II he fol-
lowed He then cut up the Chlnaman's
purse and threw 1t away. in the purse
there were two checks, one for Sl25 and
the other for 500. Besides the checks
there were three $40 gold pieces two
$40 pieces, S. and "a In silver. Thn
we got a carriage and went to the road
house and got to drinking, We also
got In fuss and Murray smothered
me TO death. This was on Sunday.
Next night we got arrested In the
room" The Williams woman said that
Murray sewed the checks up in the
sleeve OF his shirt, and tried to hide
some of the gold, but the officers found
II. She said that after they were ar
rested Murray tried to get her to do
the time" and say nothing about the
robbery or his part In II.
The case was continued until this af-
ternoon and It was a late hour before
II was concluded.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
DECISION REVERSED.
Supreme Court Grants New Trial
In Western Loan Case.

Justice Baskin today delivered the
opinion OF the Supreme court In the
case Of the Western Loan q Savings
company Va l.. ii, Berg and wife re-
yersing the decision of The lower court
In not granting plaintiffs motion for Il
new trial, and remanding the case for
trial.
The suit was brought In the First Iu-
diclal district and was for the foreclos-
ure Of trust given TO plaintiff 70 Sc
cure promlssory note on which a
balance was due amounting TO $3.50
When the case was called for trial
the attorneys for plalntiff did not APP
pear and judgment was rendered
against It, thereupon a motion for new
trial was made and was denied by the
trial court 1t Is from this decision that
plaintiff appealed
II was shown by ailldayts Of one of
plaintiffs attorneys and the clerk OF
the court, that the case was set without
due notice to plaintiff and before the
Issues had been joined The opinion
holds that II Is clear from the record
that the failure Of plaintiff to appear
for trial was excusable neglect and the
motion to set aside the Judgment aud
grant a new trial should have been
sustained by the court below Chief
Justice Miner and Justice Bartch both
concurred in the opinion of Justice
Baskln.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
SPIKE Ann RAIL.

Alan Wilson, travelling freight agent
for the Alton at Denver ls IN this city
today
General Agent Trip Of the Missouri
Pacific, is numbered among the Of
fcials who are out OF town,
j. c. Johnson, of the Nickle Plate at
Denver Is among the visiting railroad
men In town.
General Manager Herbert Of the Rio
Grande lines left for Denver this
morning on No 8.
II j. Arrles, agent for the New York
Central with headquarters az Mas5ena
springs, n ~ came In from the East
this afternoon,
Acting Auditor McNltt, Of the Oregon
Short Line, has been confined to his
LONE for q couple OF days past suffer-
Ing from q bad cold
II. A. Allen, the new assistant super.
Intendent OF the Pullman service at
ogden, has arrived and entered upon
his duties.
A corps Of San Pedro surveyors are
IN camp about eight miles east OF OASIS
station In Willard county, They are
said 10 be working hard on the compile
tion Of the survey
The oregon Short Line will run an ex.
cursion from Salt Lake to Logan ana
return on Monday on the occasion of
the visit Of the Salt Lake Opera com
pany to that town. The train viii leave
here at y. m
William II. Capwell, a well known
newspaper man, Of Dallas Is making
arrangements TO bring big colony OF
settlers to Utah who win locate on
the lands Of the Bear River Land and
Water company north OF ogden this
spring.
At meeting In Chicago yesterday of
the general passenger agents of the
western lines II was recommended that
the same fares and arrangements for
Colorado and Utah that prevailed last
summer be used during the coming sea
son.
The two committees appointed to In
struot the Oregon Short Line employees
IN the new rules and signal code adopt
ed by the entire Hartman system are
hard at work insuuctlnR the various
employees Of the transportation depart
ment
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
SHORT LIME COLLISION,
NOrthbOund Passenger No OSmashes
Into Freight at POoatcllO,

Special Correspondence.
pocatello. Idaho, Feb. GA rear end
collision occurred In the yard at about
Ave o'clock this morning when The
salt Lake passenger No. northbound
ran into the rear end OF second section
Of freight No u, which was just pun
ing IN on the side track with a tIaln
load OF "battleshlps' or loaded steel
coal cars, OF 100000 pounds capacity
each Conductor fIayenor was IN
charge Of the passenger train, WIN
engine No. 40l, aud VIM, Chrsmanen-
gineer, ANA Chas. Thompson, fireman.
who 10Th Jumped after applying the
air brake. The caboose was pnrily
telescoped. Brakeman Robt. Reardon'
however, was the only one Injured re-
cclyng a flesh wound In the tootwhlch
was pinned In the wreckage. The prop
erty damage Is comparatively small
and an investigation has been ordered
The Short Line have requested the
city fathers 20 vacate the old school
building used by them as city hall and
fire department, for the purpose Of as
ing II for the O, s. l., stationery dee
partment, which viii be removed from
Salt Lake the moment It II vacated.
which, the mayor thinks, can be done
before the first OF March.
The o. S. l., Is putting up 5000 tons
OF very fine Ice this month, fourteen
10 fifteen inches thick
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
HAD A GREAT TIME.
Students Of H. D. s. University Cons
mercial Day.

The students and faculty OF The l.,
b. S. University, TO all intenis and pur-
poses owned the northern section Of
the business portion Of SALT Lake for
about an hour this afternoon Headed
by Helds band and a corps Of youthful
artists actively engaged In burning
powder through the barrels OF shot
guns the students marched In double
file and visited the former habitations
OF the l.. d. s. college. The route taken
was practically the same as that set
forth IN the "News' last night, and
the streets we're lined with the populace
which tarrIed 10 take IN the sight Of
Young men and maidens armed with
tin horns and other Instruments OF tor
ture CALAMITY marching through the
mud as merry as the proyerblal larks.
The occasion for this demonstration
was Commercial Day being the first
anniversary Of the date OF occupancy
OF the Business College building, and
the festivities were under the auspices
of the commercial class,
After the grand march the various
organizations headed by the standard
bearers wendell their way to the uni
yersity, where an interesting program
was rendered for the delectalion OF all
who were present.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
PERSON AIS,

Robert ID. Grant has returned from q
trip 10 the far east and TO British CO.
lumbia.
Mrs r, H. McGurrin has been serl-
ously III at ST. Marks hospital, and an
operation was necessary but she ls
reported better today.
EX-Manager +. j. Jolly of the Pacific
underwriters at this point, is In the city
for a few days from San Francisco on
a visit
Very Rev. Dean NJ. Grogan OF the
Catholic church at Napier New Zea-
land, Is u guest of President Larkln
0f All Hallows college In this city The
dean Is en- route 10 Philadelphia whence
he Will 90 to Europe on trip around
the world and he will be absent from
his home for a year. This is the Arst
vacation Dean Grogan has had in twen-
ty-two years, and he Is enjoying IT. He
Is much pleased with Salt Lake and
VIII remain here for week yet. The
dean and Father LArkin were school
mates and used to play mumblepeg
and hop Scotch together
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
Probate Court.

Frank ]. Tucker has applied to the
district court for letters Of admits
tration on the estate OF Stephen W
Tucker, deceased. The petition states
that the personal property OF the es.
tate Is valued at 500, and the real
property at $4,000 The real property
is described as the west one-half OF lot
8, block 6, plat b. There are six
heirs TO the estate named In the petl.
ton. The matter was set for hearing
Friday, Feb g.
Petitions were filed In the district
court by Ann Sanders praying that
she be appointed administrator OF the
estate OF Thomas Ward and Sarah
Ward, deceased. The estates which are
practically the same consist OF an UNI
divided one-half interest In $3.50 Oh
cash on deposit In the Deseret Saw
lngs bank, and real estate OF the value
Of $500. described IN the petition as
part OF lot :, block So, plat c. There
are five heirs, being the same In each
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
BUSINESS NOTES.

Today's bank clearlngs amounted "a
NSl,S5O,6S az against $500, 9Sg,gS for tbo
same day last year, Wv
ny the terms of q warranty deed 6od
In the recorders office today. George
w, Keel has transferred to FeIciss
Keel, for consideration Of $4,000 2oo
acres OF land being the north half N
section o. township south range !
west of Salt Lake meridian.
The Willard Canning company ~
Willard, BoXelder county filed its ar.
ticles of incorporation In the secretary
of states office today. It is composed
Of Willard and ogden parties and ma
principal place Of business is Willard
and the purpose for which Il is lnoor.
rorated Is to conduct general CAM.
ming business The capital stock N
$4,000 which Is divided into shares M
the par value of SIS each. Peter Lowe
Is president; f. f. Rich, vice presidentI
H. r. Davis, secretary; A. l.. Brewer
treasurer who, with r. w Baker con-.
slitute the board of directors
---~-------.-e--.----
Try our foods, The best Is no mora
expensive than the cheapest.
sTHELENA SANtTARIUM FOOD col
GU East First South
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
CAPT. THOMAS Couch DEAD,
One OF the Best Known Mining Men
On Pacific Coast.

San Francisco, Feb. Capt. Thomas
Couch, one Of the best known mining
men on the coast. died last night at
the Homeopathic sanitarlum.
For nearly four weeks little hope has
been entertained for his recovery
His remains will be sent to Great
Falls. where thew will be Inferred.
Capt Couch has for years been iden-
titled with the management OF the
great Anaconda properties and later
with the Mariposa mines. He retired
from the management OF the latter sew
eral years ago and engaged In dredging
near Oroyille, where he developed a big
enterprise which Is at present one OF
the best paying In the state.
He was a native OF Cornwall, Eng
land, and IS years Of age. He Is be-
lieyed 10 have left an estate valued In
the neghborhood Of half a MILAN,
HIS WORK IN BUTTE.
Butte, Mont, Feb. 6.-When the Bos.
ton e. Montana Mining company first
began operations In this city Mr., Couch
was selected to manage its AFFAIRS, q
position he held for several years. The
building OF the smelter at Great Falls
was also the result OF the captains en-
ergy, his judgment In the matter Of Sc
Letting the site and getting the work
under way being considered one Of his
greatest achievements.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
TWO DIVORCES.
Florence q. Sclby and Judson II
Fowler Granted DEGREES Today.

Judge Hall this morning granted a
decree Of divorce IN favor Of plaintiff
in the case OF Florence u. Selby vs.
James e. Selby. The grounds on which
the decree was rendered were failure
to support The defendant was IN
default, having left the state some
time ago and gone to Mexico where
he was last heard from. Mrs. Seby
was given the custody OF their minor
child and was restored to her maiden
name, that Of Florence II. Fields
Judson p. Fowler was granted a
decree Of divorce. by Judge Hall today,
from his wife Susie Fowler, on the
grounds Of desertion Mrs. Fowler did
not appear and her default was en-
tered,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
HAHRIMAN's NEW MOVE.
Morgan line will Handle Most Of
The Freight from Pacific.

Galveston Tex, Feb. What is
claimed to be the transfer OF the Nor
gan Line steamers from New Orleans TO
Galveston was announced today from
New York. j c. Stubbhs, traffic man
ager Of the Southern Pacific, has been
in New York for several days, con
farring with Prest Hartman. on his
accommodation the executive commit
tee acted In line with Mr. Huntington's
original plans. Mr. Stubbs says all
through business can be handled via
Galveston within sixty 10 ninety days,
and II was no ordered by the executive
committee.
This means that all freight from
Texas Colorado Utah. Arizona, New
and Old Mexico California and the Pa
citic coast, Sandwich islands. China and
Japan will be routed Via Galveston.
IL Is announced with official authority
that the executive committee of the
southern Pacific viii carry out the late
MI Huntington's plans at Galveston.
These plans contemplate the building OF
terminals az Galveston, a ship repair
ing plant and general depot large
storage and refngeratIng warehouses.
cotton compress, elevators etc.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
Accompanied by General travelling
Auditor CraudaI Of u. P.
NEW ROUTE FOR FREIGHT.
All Through nusiness ON Hartman
SysIem Nay bo Handled VIA Gall
weston Railroad News

Erastua Young, the recently appoint
ed general auditor Of the entire llar-
riman system, including steamboat
lines, arrived in this city last night
accompanied by General Travelling Au-
dltor G.. 4. Crandall, OF the Union Pa
oihc. The two gentlemen have spent
the major portion Of the day IN the
auditing department OF the oregon
short Line looking into the working
OF the system that has now been adopt
cd by all the auditing departments OF
the Hartman lines.
They wil leave for the West this
evening.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
MINISTER LOSES.
Judge Morse Fluids In Favor of De-
PENDANT In Fee Suit.

The findings Of fact and conclusions
OF law I'm the cases of Alexander Me-
Master vs. The Hines Mercantile Co,
ct AL have been signed by Judge Morse.
The suits were brought to recover
fees from the defendants. for services
rendered by the Justice in connection
with actions instituted I'm his court by
the Merchants Protective association
on behalf Of the parties sued, who
were the plaintiffs in the actions
brought In the Justices court The
defense to the action was that the
Merchants Protective association was
responsible for the fees, and II also
came out upon the hearing that Me-
Master had contract with the Pro-
tectiye association, which was to the
effect that he was not to be paid his
fees unless he plaintiffs recovered, with
the exception OF so cents, each, when
the cases We're filed.
In one finding the court holds THAT
by the terms Of said contract the
plaintiff herein, while a public officer
to-wlt a justice Of the peace, became
aud vas personally and benetlcially In
terested IN the suits instituted before
him as such justice OF the peace, by the
delenuAnl ncfelH, lOr WnlCn tne lees
set forth in the complaint herein are
claimed, and would be In the prosecu-
ton thereof, materially benefited by
the rendition and collection of judg-
ments therein against the parties
sued"
one of the courts conclusion Of law
is THAT the contract under which
said fees accrued and were Incurred is
against public policy and void and
cannot be enforced and that the
plaintiff herein Is not entitled to re-
cover from the defendants nor at all,
the amounts claimed in the statement
or complaint filed herein, nor any sum
whatever
Judge Morse accordingly gave judy
ment in favor Of defendants for the dis
mssal Of the suits and for costs,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
Executors Of Estate Of A, \, Raj
eigb, Deceased, Enter Suit
SUPREME COURT OPINION
New Trial Now Granted In Case OF
Western loan a savings VI L.
II, Herg ana wife.

william Asper aud Alfred Solomon,
executors Of the last will and testament
Of a, II. Raleigh deceased this morn
ing filed suit against Joseph H. Rail
elgh to recover 1885 for the rental OF
the premises known as S2i north First
West street which belongs to the es-
tate OF deceased they also ask for
treble rents as damages for the unlaw-
ful retainer OF the premises,
II IL understood that defendant
claims that the property in question
was given to him by his father Bishop
Raleigh, prior to the latter's demise.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
FOUR BOYS in COURT.
Judge Praises their Display OF the
American Spirit Of Fight.

In Judge Dlehls court this afternoon
four boys pleaded guilty to engaging
In an unlawful fight From the testi-
money Of officer Gillespie It appears
that yesterday at noon three boys, Pc
ter Hay, Sidney Leaver and Alexander
Dahlqulst were leaving school when
they, Ike hOys Will took II INTO tneir
heads to throw snow balls at one Henry
Shepherd The latter did not approve
of the program and relaliated win IN
terest and then dared the three 10 meet
him after school and fight 1t out The
boys expressed their Willingness TO me
proposition and after school the four
met on North Temple near Third West
and went at II, The officer did not say
which SIDE carried off The honors up TO
the time he put In his appearance on
the scene and then he carried off all
four of them,
Hay, Leayer and DahQuist admitted
the truthfulness " the officers state
ments, but Shepherd, who vs. sixteen
years " age and has a voice like a fog
horn, ayowed that he was merely
standing on the corner when he was
assaulted by the three Then, he said,
he resented It and offered to fight all
Of them In n knock down and drag out.
Well said Judge Dlehl after pa
tlently hearing the statements Of each,
you all displayed that good American
spirit Of fight, but you should not per-
nit Your valor 20 carry away your good
Judgment I think you have all had
punishment enough in being dragged up
here. and as you all appear to be pretty
good boys you are discharged this time.
but don't let Il occur again"
,----------.-s
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
RECEPTION AT MURRAY.
Primary Gives Fine Affair in Honor of
Stake Officers.

There was a largely attended and al
together very fine reception at Murray
lest night given by the primary board
in honor OF the officers OF the Granite
stake. Among those present we're
Presidents Joseph +. Smith and John
r. Winder, Apostle A. o. Woodruff,
Prest Frank Y, Taylor and many 9TH
ers.
During the evening very entertain
ing program was rendered. The speak
ers were Presidents Smith and Wlnder
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
Rhoades Acauirea Grit.

J. D. Rhoades, general purchasing
agent for the oregon Short Line, APP
parcntly lives under lucky stabwhlch
he expresses himself as being better
than cracked ceiling This morning
he had occasion TO leave his room for
n minute TO 20 INTO the front office. At
this precise moment, Crtzer THE
heavyweight upstairs IL said 20 have
become emphatic with the result that
the ceiling fell, and great was the fall
thereof Had Rhoades been sitting IN
his chair he would have suddenly de.
yelopod bumps that would have folled
the most expert phrenoogist to dag
nose For the rest OF the day tho
purchasing agent has had more grit
than even Funston. The desk papers
ana everything IN the room have been
shedding plaster and hair the livelong
dnV
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
UTAH MUSICIANS HON r.
Got a Warm Reception al PocateIlo
Idaho.

Organist J,J Mcclellan n. s. Goddard
and Miss Luella Ferrln returned this
morning from Pocatello where they ap.
peared last evening ON the occasion OF
the fourth anniversary Of the Fraternal
order Of Eagles. and the first for Poca-
tello Aerie No. 49, AdyIces from Poca-
telo state that It was the musical
event to date In that city In addition
to the solosts named Miss Silence
Dales the Nebraska violnistc. was also
a feature After the concert In the Au-
dltorium. whore the $. II, o, sign was
hung out early banquet, with COW
ers for 1854. and bali az the pavilion
were INDUCED In,
The reception given to the Utah con-
tingent of artists Is said to have been
hearty In the extreme.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-07
ADJUSTMENTS.

The rush for Martha seats con-
tlnued all day yesterday and today at
the Theater box office the main demand
beng for the matinee tomorrow after
noon, Only three more performances
win be given here, tonight tomorrow
afternoon and tomorrow evening. The
Short Line excursion TO Logan on Mon
Cay promises TO be heavily patronlzed
ole Olsen has been seen 80 often in
Salt Lake that II hardly need desorib-
ing ut this time II drew a good sized
audience at the Grand last night, and
Rem Hendricks, one Of the best swedish
lmpersonators who has yet rendered the
title role, played II with the same hui
NOR and fidelity as ever The play Is
filed with up to-date speclaltes all Of
which took vel with the audience. The
ladies' Swedish quartet can be ranked
as fair only. but most Of the other acts
We're of good grade.
The advance sale for Way Down
Fast is now going on at the Theater,
Kilograms received this morning
state that Miss Emma Lucy Gates
duplicated her New York success last
night In Boston, Judging By the ac-
counts, the enthusiasm was even great
en- than In New York city which Is all
the more pleasing to her friends that
Boston audiences are noted as being
the most critical and perhaps the best
informed Of any in the United States.
Messrs Mcclellan and Goddard and
Miss Silence Dales and Miss Luella
Perrin returned this morning from Po-
catello where they had a royal recep-
ton last night They furnished the
musical program for the celebration of
the fourth anniversary of the Order OF
Eagles, The affair was held in the
auditorium before a packed house. All
the musicians are enthusiastic over the
Pocatello Opera house and the audience
that filled II,