The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-20
REMOVES THE TWINS
Judge Armstrong Decides Mrs.
Ross Has No Claim to
the 0sner Twins.

Judge Armstrong yesterday granted
the writ of habeas corpus asked for by
Frank L. Osner and his sister-in-law,
Mrs J. F. Leary of Butte, Mont, thus
giving to them the custody OF the s.
year-oId twin sons of Osner-BasiI and
Cecil Osner-and taking them out of the
possession of Mrs. r. E. Ross. residing
at 521 East Fourth South street. Mrs.
Ross took the twins out of st. AIMS or
pE2n asylum, in which they were
placed after the death of their mother
year ago. She assumed charge or
them through Mrs Leary, who agreed
To pay a stipulated amount monthly for
their care and maintenance.
In court yesterday Mrs Ross showed
that there was due her $50 for taking
care OF the little ones. Judge Arm
strong held, however, that this debt did
not constitute a lien upon the twins.
Such lien, he said, would necessarily
be against public policy, children not
being goods or chattels. Mrs. Ross an
nOunced that she would endeavor to
collect her claim through the courts.
Court Notes.
The cases of the state against Ed
Lewis, charged with burglary. and
Walter Mcleod, charged with house
breaking, we're dismissed yesterday i'm
the criminal division of the district
court for want of sufficient evidence to
convict.
In the criminal division of the district
court yesterday James Farrell. charged
with attempted grand larceny, with
drew his plea of not guilty. and entered
a plea of guilty. A sentence of six
months in the county jail was given
him. He was caught one night month
ago by Deputy Sheriff Edwards while
engaged in picking a drunken mans
pocket.
Judge Armstrong yesterday granted n
decree divorcing Emma NJ. Yaney from
Israel p. Yaney, upon the grounds Of
cruelty, assaults and the making of UNI
founded statements derogatory TO the
character of the plaintiff They were
married in Salt Lake July 10, 1896, and
have no children.
Ellen n. Block got her decree of per-
nsanent separation from Morris Block
in Judge Armstrong; court yesterday
The nUptial knot was tied at st. Joseph,
Mo. June 6, 1895. She charged him with
cruelty and failure to support, and he
admitted the truth of her allegations
In the case in which Joshua A
Midgeley sought to recover IS, 600 dam
ages against Jacob Bergerman and
Charles L. Ford for assault in Calder's
park on May 80, 1905, tried in Judge
turned a verdict of $1,4l2.5O for the
plaintiff.
S. j. Palmer began suit yesterday in
the district court against the Oregon
Short Line Railroad company. He al
leges that on April is, 1904, in Bannock
county. Ida. his 2-year-old son, Thomas
Jason Palmer. WAS run over and killed
by one Of the Short Line trains. He
asks for $4,000 damages
George II. Barrows filed application
yesterday in the probate division of the
district court for letters of administra-
ton on the estate of Edward Barrows
deceased. The estate Is valued at 81. 100
The case of Wells. Fargo & Co
against Henry @. Rand, which was
transferred to the federal court. was
remanded to the state district court
yesterday by Judge Marshall.
Willard A. Starner of Salt Lake filed
a petition of voluntary bankruptcy yes
terday in the federal court. His liabili-
ties were set at $ST6. 50, ard he claimed
that his assets consisted of his wearing
apparel. George F. Sailing of Eden,
Weber county, filed a similar petition
and his liabilities were given at $f94.20.
His assets were fixed ar $3.50. which con-
sisted OF household goods and wearing
arnarel. claimed TO be exempt