Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-10-09

seven Of BOise's % saloons.
The application Of the complainauts
asks Tor "a writ OF mandate compelling
the mayor and members Of the common
council TO grant a license. Judge Wood
summariy issued an alternative writ,
calling upon the city authorities 10 APP
pear and show cause why the license
should not De granted, returnabIe
Thursday morning at TO O'Clock.
FLEMING CASE.
There was filed few days ago iu the
supreme court a transcript Of 300 pages
iu the appeal of the case of the state rs.
John Fleming, convicted Sept 10,
1905. OF murder I'M the first degree.
Flemming was tried IN the Lincoln
county district court and the jury re-
turned @ verdict of guilty after short
drnberation During the progress OF
the trial his wifes reason was de-
throncd She was adjudged insane and
taken TO the state asylum at Bldcktout
where she has been an inmate during
her husbands term Of Imprisonment
Of more than a year pending an APP
peal. the expense Of which Is being
borne by wealthy relative I'm the
east who had known nothing of the
murder until after the trial.
Fleming on the occasion Of the
Seward execution. indicating the same
his department at the penitentiary, de-
clared: Il am tired Of this adding
around II they are going to get me
L wish they would come ahead.
Flemming killed man named
Frank I.angford. July s. 1908. The
crime was committed near the town Of
Rupert. and the victim. IL is alleged.
was driving along the road when shot
from ambush Fleming was arrested
and taken 10 Shoshone, where he was
tried at the September term Of the
court. and sentenced To death.
SHEEP MEN TEST LAW.
Before the close Of the term of the
district court ON Tuesday, case was
Instituted TO test the coustitutiondlity
of the law which prohibits the driving
of sheep over cattle ranges aud which
has been ou the books of the state for
moro than 20 years. Prosecuting Atty
Wood instituted the action against
Frank CrOssCu aud Glenn StrdWn and
lt was stated in open court by Atty d.
J.. Rhodes. representing the defend
ants. that au appeal would DE taken a.
tine supreme court 90 test the validity
of the enactment. A jury was waived
by counsel. and IL was agreed that az
gumonts should be made before Judge
Wood in Boise and "a decision handed
down at the opening ot the next term
uf court for Boise county. The pro-
coeding ls the outcome or the Horse
shoe Bend controversy, which has bccn
pending for years.
PARDON BOARD ACTS.
Pardon was granted to I'VE prisoners
yesterday by the state board of par
dons at its regular quarterly meeting
Those receiving pardons are. Hattie
McCormick. sentenced from Canyon
county and paroled several months
ago. Charles Copeland. sentenced frout
Blaine county for burning Judge stock
siagers house. Jacob WINS sentenced
from Lincoln county and Jacob Hart
wig. sentenced from Idaho county, the
latter pardon 10 take effect Nov I.
The GOOde pardon case was set for
Saturday at 40 o'clock when Atty
Gen McDougall the third member OF
tho board absent at the meeting. is cX-
pected 10 be- present James Z. Wayne,
county attorney of Shoshone county
win appear 90 oppose the pardon fOl
Goode. which is sought by feaiherstone
a Fox.
FAIR TO BE RECORD BREAKER.
The state fair 90 be- held in this city
all during the coming week is destined
90 he record breaker. both from the
standpoint of exhibits and attractions.
NIIM the hlHlNhINH AhNf arc fAIftINf.A 10
Jar outnumber former occasions. Sew
Cral new buildings for exhibits and "a
number of new stock sheds have been
erected TO care for tho exhibits as they
come iu The exhibits In agriculture.
horticulture. poultry and livestock viii
Doe the best ever seen in the state. set
sul herds ol the prize winners ln cat
d. are expected lrum the Seattle fair
The harness ANA running races az the
mtcrmouutain fair This year. regardless
Ol The fact that pool selling and book
making has been prohibited, IL is de-
Clared win Boz as fast and as well filed
as any similar events boz the northwest
William Howell who is acting superin-
tendont of the speed department for
The past two weeks has been attending
the Oregon state fair and the Portland
race meeting. and reports that an the
harneas-horsf men there are in line for
"a stopoNer Boz Boise.
Doubtless the greatest attraction by
way 0f amusement win be tho produc-
lion of the siege of Jericho each
evening during the week al Riverside
park THE conclusion Of the enactment
Of this 0id Bible story win b. 81 900
display of fireworks
BLOPER CHARGED WITH THEFT.
A charge Of larceny is preferred