The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-09-15
CONSPIRACY IS
AGAIN CHARGED
Merchants Protective AssOcia.
ton Accused of Wrong
Doing.
TWO JUSTICES OF PEACE
NAMED AS DEFENDANTS
August and Sophie Valentine
Make Number of Serious
Allegations.

Olina Watheu. Francis G. Luke, j.
P. McOmie, c. F. Durand, Justice of
the Peace at Murray, and the Mer-
chants Protective association are
charged, in a complaint filed in the
Third District court, Friday, by Au-
gust and Sophia Valentine, with enter
ing into a conspiracy to cheat, rob and
defraud the plaintiffs ont of a sum of
money, wherein the defendant Dina
Wathen was to file suit and Francis
G.. Luke was TO act as her attorney In
prosecuting the suit. and j, ?. McOmie
was to act as Justice of the Peace in
trying the case and was TO render Judg-
ment against the plaintiffs, the Valen-
tines, and then prevent them from talk
ing an appeal from his Judgment.
1t is set out in the complaint that
July /, 1908, Dina Wathen filed q com"
plaint in McOmie s court against the
Valentines by which she sought to re-
plevin thirty head of sheep, with their
increase, tho sheep being delivered, 1T
was alleged, June l, 1892.
The plaintiffs state that they were
served with summons and that in due
time they fled demurrer in McOmie g
court alleging that the Justice had no
jurisdiction In the case, as the defend
Elder county This demurrer was over
ruled by McOmie and the defendants
were ordered to file an answer to the
complaint, which they did and In it
they denied all of the allegations set
forth in the complaint. They were
notified, subsequently, TO the fling of
the answer, that the case was set for
trial at e:so p. m, October I, 1903,
at that time, but neither the Justice,
Wathen or Luke appeared for over an
hour, and when they did appear the
defendants were told that the case
would be called for hearing at $50.
No Cause for Action.
mony and the court announced that he
was of the opinion that there was no
cause for action The Valentines allege
that at this juncture the court was
interrupted by Luke, who suggested
that the court take the. matter under
advisement. and the court decided to
do this, although he stated that he did
not believe that he would change his
mind.
1t is further set forth that on Octo-
Der 81, 1903, the Valentines received a
written notice from McOmie, which was
to the effect that the court had altered
his opinion in the matter and had rem
dered Judgment in favor Of the plant
IFS, that they have and recover from
the defendants seventy head Of stock
sheep, or the sum of 1925 in cash.
The defendants, the Valentines it is
set forth, did, on November 6, 1903, file
an undertaking on appeal and sufi-
cient amount of money for the taking
they received by mail from Francis G..
Luke an exception to the sufficiency
of the sureties for the appeal It is
set forth that after this notice was re-
ceived from Luke the United States
Fidelity and Guaranty company exc
cuted for the defendants a new under
taking on appeal and that the same
was received by McOmie the follow
ing day.
False Entry Alleged.
The Valentines allege that as part
of the conspiracy mentioned, McOmie
antedated the Judgment which was
made October IS by making a false
entry in his docket, reciting that judg-
ment had been entered October Z. The
Valentines further allege that McOmie
refused to acknowledge recent Of the
notice of appeal, and that they were
compelled to apply to Judge s. W.
Stewart Of the Third District court for
an order directing the Murray Justice
to transmit to the District court a GER
tilted copy Of all papers in the case,
a motion in the District court to dis
miss the appeal, which motion was de-
MED by the court, and that the same
became final Judgment, and no appeal
has been taken therefrom.
The Valent tines further allege that
Luke, through fraudulent means, had
c. T. Durand, McOmie's successor, en-
ter up judgment In the sum of $500
against them, and also Thomas Black
burn and Lulu B, Call, who were sure
ties on the first appeal, and also against
the United States Fidelity and Guar
anty company, and that Durand now
threatens to have execution issued and
to enter judgment and place the same
in the hands of the Sheriffs of Salt
Lake and Box Elder counties
The plaintiffs ask that the judgments
entered by Durand and McOmie be de.
clared void and that they be restrained
from taking any further jurisdiction In
the matter, and that an injunction be
issued restraining the defendants from
having execution issued on the pre-
tended judgments.
A temporary restraining order has
been issued from the District court