The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-06-29
Sensation Sprung in Oneida
Ditch Cases When Judge
Richards Withdraws
LEADING COUNSEL FOR
PLAINTIFF NOT PRESENT
What Outcome OF the Legal
Muddle Will Be Is Not
Yet Apparent.
BY q. E. ARNEY.

SpeCl9l 20 Ine IrlDunes
MALAD CITY. Ida. June 2s.-In the
Hart vs.. Maughn case here today the
jury refused to give judgment for $1,000
asked by plaIntlff. and after forty min
utes' deliberation returned a verdict FOR
tho defendant. The best Interpretation
OF the verdict of the jury ia that Arthur
Hart's testimony in Oneida county Is not
believed even when under oath.
In the cases Of tho Oneida Irrigation
district against he Ireland bank. and
against Hart, surprise was sprung when
Judge Richards said; III the court
please, I am confronted with condition
and the action that I propose to take l
result of anything In the way or lack
Of confidence In this court, but just the
contrary. I will say to this court and
TO the public also that there Is not a
man presiding over any court in this state
In whom I have more implicit and abso-
lutte confidence than in the man who pre-
ployed by the Oneida Irrigation district
on a special contract for special pur-
pose. Circumstances over which 1 nave
no control prevent mo from rendering
that service,
Richards Not to Blame.
Il am justified. I think, in stating that
Mr.. Davis. who Is now sick and not re
sponsible under the circumstances. Dut
Mr. Davis and Mr.. Gray agreed that the
preparation OF this case should be wholly
take that preparation and help try
the case. They have not done so. A.
the request Of MIR. Gray 1 went to ms
office last week and spent l think.
three days waiting for him at his spe-
cial Invitation. He was not there. Hc
is not here. Therefore l am not In n
position TO render the service that was
expected OF me under my employment
think 1 fully realize as well as any lawyer
in this state the responsibility that a
lawyer assumes toward his client. and in
taking that action 1 am about TO take
do SO with simply one end in view, and
that is the interests of my client Il
have rendered 1t all the service that can
at this time. and under these circum-
stances / withdraw from these two cases
as counsel for the Oneida Irrigation dis
trlct.''
Judge Standrod, representing the Ire
land bank, said;
''If your honor please. l will state that
III appears to us that there Is no ono here
TO continue the prosecution OF the case OF
the district against Ireland & Co. and
therefore move that it be dismissed.
Mr.. Nebeker, representing Hart. said:
course, in the case Of the Oneida 1rri-
CATION district against Hart, but II oc-
ours to me that the first matter 10 be
disposed OF is the two motions that are
now pending
Courts Explanation.
The court then remarked
"Wcl ] will say 10 you gentlemen that
] called this term OF court for the eX-
press purpose of having these cases tried
and ] made every effort TO secure the
services OF q judge who resides without
the district, and / called the jury at a
time when I understood that one OF the
judges from the outside could be pres
ent and hear these cases. consulted
him before ordering the Jury drawn and
the judge thought that lie could be here
at that time. but unfortunately he was
unable to get away by reason OF the fact
that he Is engaged in the trial OF a muir
Ger case and regretted very much his in
ability 10 accommodate me. l then
undertook to secure the services of Judge
Walters. but through a letter ! learn
from him that his health IS somewha
Impaired and that his condition OF health
is such that he could not come, / knew
OF no other judge that | could secure. |
and the time so short that had not
time to procure the attendance OF an
other judge. and 7 came here expressly
for the purpose of having these cases
disposed Of. believing that 1t was in the
interest of the district to have this III,
cation ended ! am very sorry indeed
that this condition has arisen. and / am
that Judge Richards would have
done the best he could under the cir2um-
stances. l appreciate his position fully, |
/ believe / don't think, gentlemen, thai |
/ Will act upon the first motion for
referee. in View of the fact that Judge |
Richards has withdrawn and the district
is not represented: Will however. en-
tertaln II motion 10 dismiss these cases
for want OF prosecution and without
prejudice to the fling OF these suits again
II the district so determines. Let the
order be made Mr.. Clerk
The future course of the district will
be watched with more than passing in |
terest. owing TO the wide publicity given
these cases and the sympathy of the |
robbed by George c. Parkinson and Ar
thur w. Hart.