The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-03-01
CONTINUANCE IN
BROWN WILL CASE
Contest by Bradley Children of
Senator's Will to BE Heard
in April.
LABOR OF SECURING A
JURY GOES FOR NAUGHT
Postponcment Is DiSappoint-
ment to General Public and
Plaintiffs Counsel.

Continuance of the Brown Bradley
will contest case until tho April term
was granted by Judge Morris l.. Eitchio
OF The third district court Monday
morning. aud the work of procuring a
Jury and the labor of The other pre-
Iiminarics IN beginning the hearing 60
for naught. The biggest loss OF time
is in the obtaining Of Jury 1t took
two and one-haIf days actual timo
to procure The Jury discharged upon
the continuance of the hearing Mon
dav morning
The continuance came rs d)spleas-
ing surprise TO tho general public and
a disappointment 10 the plaintiffs and
their counsel. Judge Powers who re-
sisted the postponement. charging the
defense with bad faith in seeking IT..
The case Will now come up again either
the latter part of March OF early IN April
and the work of seating another Jury
and the other laborious prchmlnaues
must he gone through again.
Grounds of Continuance.
The defense sought n continuance on
the grounds that ii was not prepared;
The motion for postponcmcnt followed
the denial by the court of the motion
for a dismissal based on the grounds
that the complaint did not state a suf-
fcient cause Of action. Tho defense
contended that the complaint stated an
action under common law and that
Judge Powers outlined an action under
the statutes in his opening statement
TO the Jury. The complaint alludes
TO the Bradley bows merely as "chil.
drcn, - and If Judge Powers intended
to proceed under the statnrcs, as he
Indicated in hIs opening statement TO
the Jury, he should have used the word
sillegitimate in describing thc Brad
Icy children. the defense confended, as
the word 'Echildrrn - carries the pre-
sumption Of Legitimacy Under the
common law. TO recover, 1T need not
be shown that the father took the chill
drcu into the home presided over by
his legal wife. If such he has, the de.
Tense also contendcd, while under the
statutes thus IS necessary. Judge Pow
crs' saws that he will he able 10 show
that Senator Brown offered TO take the
Bradley children into his home. but
not that he actually did so by them.
Under this irrcgu!arity in the plead
incs, the defense claimed. 1t was not
prepared 10 meet the issues and asked
for continuance The postponement
first was asked last Friday, following
the court S refusal 10 grant the mo-
tion for dismissal, but was puj off for
further argument until Monday morn
ing Then Judge Ritchie granted
but said that he thought
that the defense should have intcrposed
it's objections earlier AS nc did not
wish 10 hamper the defense in any
way. however, he granted the postpone
mcnt.
Renew Case in April.
The April form of the third district
court will open April IL. and 1T II
likely that the Brown case will be re-
newcd about April -. Judge Powers
saws The action is to break Senator
Browns Will, disowning the children:
cutting them off without a cent, and
$50 900 10 Sl50,000. TO Max and Alice
Brown. legitimate children. The Brad
lev children contend that Senator
Brown was their father, that he ac-
knowlcdged them as his sons, and that
he was drunk when he made the viii
cutting them of The defense SAYS
that il will be able TO show that there
was no adoption by the senator of
the Bradley children and that he was
sane when he made the will,
On account Of Mrs. Bradley S Staying
of Senator Brown in the national cap
ital in fit of jealous rage against
Mrs. Annie Adams, mother of Miss
Maude Adams. the actress, and because
Of the prominence of the persons con
cerned, the case has attracted. and Will
continue TO attract, widespread interest
and attention.