The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-09
famous CASES
POSTPONED
Oneida Ditch Controversy Put
Oft to Special Term
in June.
JUDGE RICHARDS C0NSULTS,
THEN LEAVES FOR HOME
The Chief Point of Interest in
the Five Cases Centers
on Bonds.
BY C.. E. ARNEY,


Special 10 The Tribune.
PoCATELLO. Ida. May e.-Judge Al
fred Bulge of the Filth judicial district
will open court al Malad today.
In company With a number OF attor-
neys he left Pocatello yesterday for the
seat OF government OF Oneida county.
/; IS altogether probable that the ia
nous cases against the defaUting offi-
GERS or the Oneida irrigation district
will not be heard AZ this term OF the dis
trCt court. Attorney Frank Nebekcr, the
leading counsel for the defense, Is en-
gagged in other matters in Salt Lake
and cannot get 10 Malad until after the
18th OF May. Then again, other counsel
is being employed in some Of these sew
eral cases who are NOT sufficiently IA
niliar with tho scops OF the issues to
go 10 uial now.
Judge James IF. Richards Of Boise
met with Attorneys George j.. Gray OF
Pocaiello and Joseph Davis OF Preston
here yesterday. and in company with
OFscn Rumel the expert accountant OF
Selt Lake, they went over the details of
lie several cases. five in number, with
= view OF prosecuting the cases in which
me Oneida irrigation district is cop-
ce.ned.
ON the presumption that the cases Will
60 over until an adjourned term. TO be
held probably in June. Judge Richards
left for home today. while the remain
der or the counsel for the settlers went
with the court 10 Malad
or the five cases to be tried the major
portion of Interest, from a legal view
point, surrounds the case Of the ], W.
ireland & Co. s possession Of some bonds
81 the irrigation district and their right
20 maintain same.
In this action the plaintiff Oneida 1r-
rieator District q public corporation,
demands judgment against j. N Ireland
4 Co. ? corporation of Malad. for the
recovery Of goods and chattels. consist
pauy, numbered 1880 To 1559 Inclusive of
denominations of sI00 each. and of ten
bonds. numbered from 1900 20 1909. in
elusive Of denominat tions OF $500 each
and FOR forty bonds numbered from 1902
10 lSt2, inclusive. and ten bonds OF the
aenominsIions Of $500 each, numbered
numbered from 1850 TO 1866, Inclusive, of
toe denonira tion OF $500 each. and ten
nonds Of denominations of $500 each.
numbered from 1880 10 1919 Inclusive
and Judgment is demanded for the re
coyery Of these bonds or the payment
10 plainti0. public corporation. OF the /
and for the further sum OF $4,000 and I
Tor costs OF the action.
The Answer
N their answer 10 the complaint the .
defendants alege that these bonds were
turned 10 the bank IN lieu Of a loan made !
o.
m"r one OF tho directors and the pres-
dent. at the time Of the delivery Of the
teenFi;ies. OF the Oneida Irrigation dis
trict. and tho latter a contractor OF said
district. by the consent and al the re-
quest OF The other members OF the board |
81 directors directors OF said irrigation district;
bank believed In taking these bonds as
security that they were the property of
th" llendersons 10 whom they had been
issued anc that al the tmc Of their ac
ccptapce they had no knowledge that the
irritation district laid any claim TO said
bonds.
But the case ot the Injured company
against Arthur ". Hart viii be or great
est interest because IL VIII embrace all
the minute details attending the misuse
Of the funds OF the Irrigation district
by Hart under the hidden hand OF his
superior eccjesIsst, President Parkinson.
shout J., which there has heen so much
broken statutes. betrayal or official trust
and cruelty 70 q deserving people whom
so wantonly injured.
This is an action by the Oneida Irriga-
lion district TO recover from Arthur w.
,Ter. so much OF $50 900 as an sxamina-
tion Of the records and the fles OF the
books and papers may show TO he ow-
ing 10 said public corporation; with In
,5res, at the legal rate since July l.
1905.
In his answer Hart makes a general
denial that he owes the company any
thing az all.
Other Gases.
There are three other cases to he heard
touching 01is iEsue between these pre-
vious officers Of The Oneida Irrigation
'opany n one aaG sg,es ts pEsse p5s onss 9gsanIs
district US. Larson, judgment is sought
for, $500.
In another. entitled Hart VS.. Harrison
D. Maughan the assessor and collector
$1,000.
,rict seeks TO recover $500 from the Ida
no State and Savings bank OF Preston
II Is altogether likely that these vari-
Gus iniereslinTg cas- cases vii all be taken
June either q this place or Malad. and
finally settled. TO the great relief OF tho
posed irrigation system IN Oneida county
wiII be pleaEed 10 forget the isnoble
S p% peop aGh
every right known to humanity to fair
treatment at his bands. ! refer. OF
Dent of the Oneida stake OF Zion. who
u1isappropriated funds while treasurer OF
the Oneida irriga ton district.
from his ranch near American Fails. en-
route to Na'ad 10 attend court, which
opens there today.
In 1890 Sam Winters WIS elected as
dIstrlct attorney OF The Fifth judicial dis
tiict. which al that time embraced the
counsies OF Bingham, Custer. Bear Lake.
Oneida and Lenhi. He popular
public prosecutor, and n successful one.
T3is presence al Malad will recall 10
the minds OF many OF the old timers his
prose ecutioos OF the Rivors and OF the
Hurst murder cases. the former from Bear
Lske and The latter from Oneida county
Mr. Winters has boen very prominent
in the legal profession OF southeastern
Idaho for n quarter OF n century, during
which time he practiced al Idaho Falls
Blsckfoot and PocatelIu. In 1905 he
bought ranch near American Falls
where he has since made his home; but
MS former clientele occasionally brings
hInn out TO the terms of court in the va
rious portions OF the southeastern part OF
Idaho, where he has practiced so success
fully.
AZ this time he goes 10 Malad AS an
assistant prosecutor of the case of tho