Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-08-17
Motion BY Defense for Non'Sult
Taken Under Advise
ment.
ARGUMENTS OF ATTORNEYS.
Occupied Nearly All Of the Morning In
Judge Dana 4. smiths Court
DlnnIny Was Called Down.

The state did not introduce any fur.
Their evidence this morning I'm the case
against Health Commissioner NJ. Il.
Stewart. charged with creating a nuis-
ance by maintaining . city dumping
ground in the neighborhood Of Third
South and Eleventh West streets. 50
the entire morning session IN Justice
Smiths court this morning was devoted
20 the arguments Of attorneys on the
motion Tor non.sult and the discharge
Of the defendant The motion was made
and argued by Asst. City Attys. Dlnin.
ny and DAILY. who are defending the
health commissioner and at the con.
clusion OF the arguments 1t was taken
under advlsement by Justice Smith.
1t was oontended by the attorneys for
the defense that a criminal action such
as this would not hold good against the
health commissioner as he IL only
part Of the board Of health. which l.
responsible for the creation OF the NUS
ance II any exists. II was also con-
tended that the action could not be
brought IN this manner but that
charges should have been preferred
against the officer before the appoint
ing power and hearing had. and II the
officer was found guilty he should have
been removed from office.
Atty. Dininny attempted TO argue
that there was malice behind this prose-
cution. but Judge Smith stopped him
and informed him that the evidence aid
not disclose any malice whatever and
that his assertions along that line We're
unfounded. Asst. County Atty. Hanson
made the argument IN behalf Of the
state, after which the motion was taken
under Amusement.
During the afternoon session yester-
day Mrs. Isabella Ireland, Mrs, e. +.
Worrell, Mrs. Charlotte Erickson and
Mrs. Lizzie Anderson. all OF whom re-
side near the garbage dump complained
Of, gave testimony showing that the
odoT from the dump was very offens-
i've and was so bad az times that they
were compelled 10 close all the doors
and windows IN their homes before they
could 60 10 sleep. They said that the
lot had been used as a dumping ground
by the city health department for five
or six weeks and the stencil was sick.
ening to them,
Charles Rogers and Lincoln Jones
two garbage wagon drivefs, testified
that they dumped garbage on the lot
under Instructions from Health Com
missioner Stewart. They stated that
the garbage dumped by them consisted
OF ashes, rags, paper. potato peellngs
melon rinds and decayed fruit. They
were instructed 10 cover all the garbage
over with ashes but they stated that
other wagons dumped garbage there
which was not covered up at all,
Sanitary Inspector ". g. Margetis
testified that the lot had been used a.
a dumping ground by the department
from July Is TO Aug. s. and that the
garbage men had been instructed 10
cover up their garbage with ashes
Drivers of wagons not emulnved hv iho
city als) tum ed glrba e there, he said
and that a9s not covered ~.
This afternoon Judge Dana T. smith
denied the motion for non-sult. made
by Dr. Stewards counsel, and the de-
tense Is now introducing its evidence.