The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-05-11
STATE HAPPENINGS
is AGAIN POSTPONED
Trial of James S. Emmett En-
bezzlement Case Called
For Hearing.

Kanab. May Judge Booth of Provo
reached hsre Tuesday noon and opened I
the regular May term OF the district court
for this county for Judge Chidester, who,
/ owing to the fact that he had acted as
/ district attorney in all of the criminal
I cases pending, is disqualified to act in
/ those cases. The term closed tonight
( Business transacted was as follows:
State vs.. Richard Shumway. accused
, OF grand larceny. the stealing of a horse
The case was dismissed. defendant dis
/ District Attorney Erickson stating that
the evidence on the part or the state at
I hand would not justify a conviction.
State Us. James s. Enmet. This is the
= more or less noted ernbezzlement case
{ that has been in the court for several
years now, wherein the defendant IS ac-
/ cused of missp propriaJlng several thou-
/ sands of dollars. the property OF the es-
! tate % John G. Kitchen, deceased, WnIle
acting as executor of the estate. The
\ state was ready for trial and the defend
ant present with his counsel. but again
. the trial could not be had. Demurrer 10
the Indictment was presented and argued
! earnestly and long by counsel both
! sides and while it was finally passed
; upon only on some Of the branches and
] Questions raised BY counsel the judge in
/ timated that he was impressed strongly
{ that the demurrer should be sustained
/ and the indictment quSshed and set aside
] II this is done il will prevent the case
/ ever coming to trial on its merits and
! determining whether or not the man I'm
/ met actually did embeZzle fundS OF inc
! estate. as the statute OF limitation VIII
/ run against the crime charged before
/ other papers in the case can be filed IN
I court il being now more than four years
since the time the states officers allege
( that the acts Of the defendant compliance
/ of were committed. The point on Which
/ the judge took the demurrer under adj
! visement is that the Indictment ALLEGED
! that the property taken or embezZied be-
/ iOnged to the estate of John G. kltchen.
/ and counsel for defense contend mat III
! indictments or infOrmatioNs ownership
3 cannot be laid in estate and that the
money so alleged to have been embezzIed
~ 5afaodanf should have heeu alleged
I TO be in the heirs and leSatees OF the
deceased. There is a very limited law
had not opportunity to review authorities
sufficient to satisfy himself as to now
he should pass upon the demurrer. and
! took the matter under Amusement untli
| he got north, where he would look the
/ matter up further and render his decision
| in writing. counsel for both the state ana
! the defense being permitted in the mean
! time to submit to him briefs on the ques-
! JiOns raised
| children of John q. Kitchen. deceased,
I petition was presented by three OF the
/ children who have attained their majority
asking for an accounting by the GUARDIAN
l and the payment to Shem BY him OF Jhe1r
share of the fund. Martha G. Honey.
/ their mother. presented crOSS-petlJlOn
! asking for the remaining fund in the
7 hands of the guardian, less Suftclent 10
maintain the other two children yet un-
der age to be paid to her. Judge Booth
refused to act i'm the matter. Judge
Chidester having already made an order
in the matter upon his own motion Tor
an accounting to be made in June ana
for the guardian to pay over to the emil
dren VINO nave arrived OF id"Iu IN, aS
their share as fast as possible WilHout
working injury to the fund John u
Kitchen was. in 1897. sued by Mrs Honey,
then his wife. for divorce. and she pro
cured judgment for alimOBy and prop
erty of 5000 for her own use and Slo,eoy
for the dare support and education OF
/ u oh
the hands of Thomas Chamberlain OF this
/ place as guardian. who invested the same
and has paid out of il since from Tune
TO time under the order OF the court
money for the care, support and educa-
ton of the children and for other pur-
| poses The controversy now Is over the
construction of the decree of DIVORCE as
to whether it awarded the entire SlVVU
to the children their own or TO her.
/ subject only to the care. support and ed
ucatiOn of the children out OF II any
part of it remaining after that has been
done when the children arrive at matur-
ity to be paid to her for her own use
Martha G. Honey. administrative. vs..
James Emmet- This Is a civil suit for
the money alleged to have been misap-
propriated by Emmett while he was eX-
eCutOr. Mrs. Honey refuses to prosecute.
! not being personally interested. as any
/ money recovered would go to the chill
/ dren of her eX-huSband- now deceased,
! between whom and her there has arisen
! somewhat OF an encouragement over F-oney
I derived through and from the father De
fault entered in the case was set aside
:
I be that another administrator VIII De APP
pointed and substituted to prosecute the
BorVman & co. VS.. Taylor Button: jUdg-
Z ment by default entered for open book
! account of SS9.51 and $3.50 interest, and
| attached goods ordered sold.
I Bowman & Co. VS. 9. s. Cram, Jr.,' ana
, wife: Judgment by default entered Tor
( SII5 So 50 interest and $50 attorney $ Zee,
and decree Of foreclosure OF mortgage
Estate Of Francis NJ. .Hamblin. de
ceased: the widow. Elizabeth Hamblin'
Estate of ". r Hamblin. deceased:
the widow. Cecilia HsmbIin, appointed
Estate of Al Peterson. deceased James
W. Swap appointed special admins
/ traitor.
! closed on summary administration.
( Estate OF John Esplin. deceased; set
tied. closed and final distribution made
A. D. Findlay ct al vs.: Wllllam r
Hamblin: suit over watering place ioG
I cattle etc, on DESERT settled ana Inal
/ decree entered upon stipulation OF Ihe
Martha G. Honey rs W. NJ. Potter ct
al suit in eiectment over the NippeT
ranch and adjoining landi settled and
final decree entered upon stipulation OIL
the parties.
rain Mansfield and John Nj McFarlan
- new suit over springs and watering
places for cattle in the mouth Of Swallow
Park canyon on the Kitchen Springs
ranch filed and temporary restraining or
der issued. also order to show cause or
- same set for first day Of next term FOL
? hearing
The reports Of the assignees Of the
7 [ Kanab Exchange & Elephant company
! were presented and the first day Of mex
4 term set FOR hearing.
, Judge Booth delivered. his very able
2 and interesting lecture on The Legality
of the Execution of the Savior" that Ia:
been heard before in other parts of tbs
I state. to a large audience here this even
] ing. The lecture was delivered undel
: the auspices of the High school. Earh
! ( in the morning the judge and the entire
J D colony of visiting court officials an(
- LAWYERS. starts hOneward north
2 PUMPS START UP.