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AN OGDEN BANK ASSIGNS. It Is the "Citizen's," But No Particulars Are Yet to Hand. Information reached financial circles in this city today to the effect that the Citizen's Bank at Ogden has assigned to C. M. Brough, who is its cashier. The NEWS communicated with Ogden by telephone, but up to the time of going to press was unable to learn any additional particulars. The president of the bank is Mr. N. Beeman.
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THE ARGUS, THURSDAY. JANUARY 11. 1894. THE ABBREVIATED TELEGRAMS. MERIT ACKNOWLEDGED THICAGO, ROCK ISLAND corn # A farmer unloading hay with a lighted pupe is his month started a fire which the Sisters of Mercy. By destroyed ten business blocks at Bellevue, TRAINS. Mich. Loss, $60,000. The Kickapoo Indian Remedies Found Revenue officers have captured in north Denver Limited & Om-ha to be Invaluable at a Famous New Ft. Worth. Denver & K. Georgia the smallest still on record. It is E. C., St. Joe s Minneapoile England Preparatory School-Their complete. with caps, tubs and all appurte+ Omaha & Des Noines Use is Always Found to be Beneficial. nances, and is not over eight inches high. 48 : muha s Kaness City . Umaha & Des Moines Er Strange to say, a negro weighing 233 OF tOmaha & Des Moines Ex pounds was arrested for running it. The Sisters of Denver. Lincoln s Omaha . Queen Victoria speaks ten languages St. Paul & Misneapol 8. Mercy who conduct *1 fluently. St. Paul & Minnespolis St. Joseph, Atchieon & K. C. the St. Augustine's Benedict Randharbinger, the Nestor of Denver, Ft. Worth s K. C. #1 Preparatory BoardAustrian musicians, schoolfellow of SchutKansas City & St. Joseph. *Rock Island & Washington. bert and teacher of Liszt, isdead at 91 years ing School at HartRock Island & Iowa City of age. ford, Conn., write Arrival. + Departure. tDn The London Times publishes a letter in that they find the All others daily. Telephone 10 which Lord Randolph Churchill, replying F. B Kickapoo Indian Remedics invaluable to an inquiry on the question of hi-metallism. says he fails to understand how any to them in caring for the health of the First aven BURLINGTON ROUTE-C. rational man can advocate the smallest descholars under their charge. "Kickstreet, M.J. Young, agent, parture from the gold currency. apoo Indian Sagwa, Kickapoo Indian TRAINS. The Citizens' bank. of Ogden, Utah, has . Oil andKickapoo Indian Cough Cure" St. Lonis Express closed its doors. Capital, $130,000. The St. Louis Express they say, "have been used here with cashier, C. M. Brough, is assignee. . St. Paul Passenger The Peoria Water company has been the most gratifying results. These Beardst wa Passenger placed in the hands of a receiver. Sterling Passenger simple remedics of the Indian race de. Dubnque Passenger D. A. Baker, cashier of the First NationSterling Passenger serve the widest possible recognition, al bank of Norwalk, O., committed sui*Daily. and their use is always beneficial." The cide. Baker shot himself through the VHICAGO, MILWAUKEE a right temple and heart. He had been conKickapoo Indian Remedies, way-Racine & Houthwes nected with the bank for twenty-five at Twentieth street, besween Kickapoo Indian Cough Cure, years. .venue. D. W. Holmes. ages Kickapoo Indian Oil, The last English census enumerated 1 Kickapoo Indian Salve, trains. about 5,000 women who are professional Kickapco Indian Worm Killer Mail and Express gardeners in that country and six who are it. Paul Express and employed in superintending the drainage " a Accommendation of towns. KICKAPOO INDIAN SAGWA, DOCK island s PRORIA In a battle in the state of Sao Paulo, " pot First avenue and Two The Grandest Remedy of the Universe. 1. Rockwell, Agent. Brazil. the insurgents killed 500 of the gov. For the Stomach, Liver and Kidneys. ernment troops and captured the remainTRAINS. 1 der. SOLD BY ALL DRUGGISTS. Fast Mail Express Since the burning of the scenery of the Express Paris opera in the scenery depot on the table Accommodation : " LEGAL Rue Richter, Jan. 5th, M. Spuller, minister of public instruction, has decided to ADHINISTRATOR'S NOTICE. BURLINGTON, CEDAR its ask the chamber of deputies for a credit of eru depot foot of :nport. Jas. Morton, Gen. T' 700,000 francs to build a new storehouse Estate of Samuel Bowles. Deceased. outside of Paris. The undersigned having been appointed adPavenport Trains. ministrator of the estate of Samuel Joe Manley says that the Maine delegat Passenger Bowler, late of the county of Rock Island, a tion at the next national Republican conFreight if Illinois, deceased, hereby gives notice that sh will appear before the county court of Rock Island vention will vote solidly for Tom Reed. -Leave West Davenport. county, at the office of the clerk of said court, in The Illinois State Firemen's association West Libertv Trains the city of Rock island. at the February term on at Effingham elected J. F. Moffitt, of Clini the first Monday in February next. at which time Passenger : all persons having claims aga net said estate are a ton. president, and adopted a resolution to " 1 notified and requested to attend, for the purpose petition the next legislature to place a tax I of having the same adjusted. All persons in. freight " of 2 per cent. on all insurance companies 1 debted toesid estate are requested to make in " in Illinois, the fund thus created to be demediate payment to the undersigned. a Dated this 11th day of December, A. D. 1898. voted to the care of indigent and infirm J. M. BU FORD, Administrator. aDaily. bDaily except Sund thremen. : Going South and east. *carr L. R. Williams, a coal miner, was shot NOTICE. Cedar Repids only. and killed near Pueblo, Col., by E. E. APPLICATION TO SELL REAL ESTATE Rhodes, a railroad brakeman. Williams BY GUARDIAN. STATE OF ILLINOIS. and three companions paid Kelly EdmundROCK ISLAND COUNTY. fee son, another bra' aman, $1 to take them in To all Persons Concerned: a box-car to Trin 1 1. Rhodes threatened THE Public notice is hereby given that the under to throw Williams the train unless he, signed, guardian of Mar, L. Swank, John M. too, was paid. Williams refused. swank. Ida M. Swank. Sacie E. Swank DENRI and Edward S. Swank minor heirs of
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WEST AND SOUTH. THE doors of the Citizens' bank at Ogden, Utah, were closed. Its capital was $150,000. IN Des Moines, Ia., Rev. Samuel Carter died at the age of 102 years. He was born a slave in Virginia in 1792. FIRE ruined the best portion of Bellevue, Mich., causing a loss of $100,000. A MOB lynched Sam Smith, a negro, near Greenville, Ala. He had shot and fatally wounded E. L. Harrison, who was attempting his arrest. THE Kentucky legislature elected William Lindsay United States senator to succeed himself. THE Duval Athletic club to test the Florida law has arranged a prize fight between two negroes to take place shortly. THE Louisiana anti-lottery law was said to have been found defective and would not stand a test in court. NEAR Grinnell, Ia., six men were injured in a train wreck caused by a car breaking in two. AT Louisville the Mingo Mountain Coal & Coke company went into the hands of a receiver with liabilities of $100,000. THE Colorado legislature met in extra session at Denver and listened to Gov. Waite's message, which the senate declined to print. A COAL dock in Jacksonville, Fla., collapsed, killing three men and fatally injuring another. AN order, known as the Ancient Order of Loyal Americans, was formed at Lansing, Mich. The members are required to labor against any foreign influence in the affairs of the nation, either political or religious, to break down trusts and to promote liberty. None but native-born Americans can join. January 22 is set as the day on which the order is to be instituted in all the various states of the union. IN San Francisco the midwinter fair will be formally opened on Saturday, January 27. THE long established firm of W. T. Beek & Co., commission merchants in San Francisco, failed for $750,000. FIVE masked men held up afast train near St. Joe, Mo., and looted the express and mail cars A large sum was secured. FLAMES in the McShane bell foundry in Baltimore destroyed patterns valued at $200,000, together with $15,000 worth of machinery. FLAMES ruined the furniture plant at Sheboygan, Wis., of the Halstead Ma: u'acturing co npany, the loss being $100,000. THE Iowa legislature convened at Des Moines.
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CHARGED WITH FRAUD. DENVER, Colo., Sept. 14.-A special digpatch from Ogden, Utah, to the News, says that articles were filed today in the United States Fourth district court, charging gross frauds and mismanagement on the part of the officers of the Citizens bank, which assigned December 26, last. Cashier C. M. Brough and President Theodore Robinson are charged with loaning money to themselves and to corporations in which the stockholders of the bank are interested to the extent of $68,000. Mr. Brough is mayor of Ogden.
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Bank Officers Accused of Theft. OGDEN, Utah, Sept. 15. - Articles were filed yesterday in the United States district court charging gross fraud and mismanagement on the part of the officers of the Citizens' bank, which assigned December 26 last. Cashier C. M. Brough and President Theodore Robinson are charged with lending money to themselves and to corporations in which stockholders of the bank were interested to the extent of $68,000. Mr. Brough is mayor of Orden.
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BAD BUSINESS MEN. Ogden Bank Officers Accused of Stealing Funds. DENVER, Sept. 15.-A special dispatch from Ogden, Utah, says that articles were filed today in the United States Fourth district court charging gross fraud and missmanagement on the part of the officers of the Citizens' bank, which assigned Dec. 26. Cashier Brough and President Robinson are charged with loaning money to themselves and to corporations in which the stockholders of the bank are interested to the extent of $63,000. Brough is mayor of Ogden.
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The Citizens' Bank Litigation. Judge Hart came down from Logan yesterday morning to hear evidence in the case of the state of Utah ex rel. Attorney-General Bishop vs. the Citizens' Bank of Ogden, and the case of Albert Sadd et al. VS. the same defendant. The former action is brought for the purpose of depriving the bank of its corporate powers. The hearing in the action of Sadd et al., is on a motion to discharge the receiver and to sell the property of the defendant. The latter action is one of long standing.
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# THE BANKS WIN. Two of Them Will Have Tax Money Refunded. Judge Rolapp yesterday announced his decision in the cases of the Utah Loan and Trust Bank and the Ogden State Bank vs. the county collector. These banks brought suit for taxes which they paid under protest, claiming illegalities by the board of equalization in raising them. The decision was in favor of the banks and the Utah Loan and Trust company will recover about $1,100, while the Ogden State bank gets about $500. All the banks paid their taxes under protest, but as only the two named began actions within the required six months, the hopes of the other banks to recover have gone glimmering. Richards & McMillan engineered the victory for the Loan & Trust Bank, and H. H. Henderson for the Ogden State bank. Judge Rolapp yesterday heard a phase of the case of Albert Ladd et al. vs. Citizen's Bank of Ogden. The matter came up on the objections to the receiver allowing the claims of Whipple and Johnson and Kimball & Kimball for representing the bank in various matters of litigation, including that just concluded. The matter was not concluded yesterday. The motion for a new trial in the case of J. H. Knouss & Co. vs. the Ogden City Street Railway company was taken under advisement.
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OGDEN BUREAU. Business and Editorial Office 519 Utah Loan and Trust Building. Telephone 298. Ogden, August 19. # CITIZENS' BANK CASE. Griffin Forecloses on the Weber Land and Live Stock Co. Much of the time yesterday in the Second district court was taken up with the case of Eliza Warren et al. vs. Theodore Robinson et al. This is a continuation of the litigation arising out of the affairs of the Citizens' bank. The stockholders are suing the officers of the bank for the large sums of money alleged to have been sqaundered. The case came up on the demurrer of all the defendants except Theodore Robinson, Citizens' bank, and J. C. Armstrong, receiver. The demurrer was argued and taken under advisement. Detroit Heating & Lighting company vs. Sidney Stevens; motion of plaintiff to tax costs for a new trial taken under advisement. Alfred Griffin vs. Weber County Land & Live Stock company; judgment of foreclosure in the sum of $17,307.95. The foreclosed property is in Ogden valley. Giennesee County Savings bank vs. William G. Moyes et al.; motion of defendants to take cost bill from files taken under advisement; motion for a new trial overruled. John J. Greiner vs. Ogden City Street Railway company; counsel for plaintiff confessed demurrer as to defendants Rowe, Van Dam and Flygare, and declined to amend; action was dismissed as to them. L. W. Snow vs. Southern Pacific company; action dismissed. R. Kohn vs. O. J. Stillwell et al.: demurrer argued and taken under advise-ment. First National Bank of Ogden vs. James Wotherspoon et al.; demurrer of defendant Wotherspoon was ordered overruled and the defendants granted to and including Aug. 28 to answer.
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# Sues Citizens' Bank. William J. Meuzies has brought suit against the Citizens' bank of Ogden, George J. Kelly, receiver of the Citizens' bank, and Harry T. Duke, for the sum of $15,000, which amount is alleged to be due upon a certain promissory note made to the order of John E. Dooly, and secured by mortgage, which said note and mortgage was afterward assigned to the plaintiff. Plaintiff also asks judgment in the sum of $1,000 as attorney fees and for costs of suit. Marshall, Royle & Hempstead of Salt Lake are attorneys for the plaintiff.
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# THE SHIRKING COUNCILMEN Still Absent Themselves from Council Meetings-Probably Meet on Monday. Big Damage Suit and Other Cases in District Court-Ogden News Notes. The city council is still in continuous session with only the five "Mormon" members present, they have been unable to get either of the three councilmen, Jones, Powers or Brown, who are in Salt Lake, to come back to the city. The councilmen at home are determined to stick it out and to hold session indefinitely until they can get some one of those absenting themselves from the meetings to be present, and just as soon as a session can be held with a quorum present some appointments will be made, and one of them is D. A. Murray for chief of police. The situation is becoming quite serious and unless something is done soon it is said that steps will be taken by the mayor to force the absent members to come to time. There has been some talk of warrants being gotten out for their arrest, but whether such a step can be taken legally is a question of doubt. Mr. Carr, the councilman who is sick at his home in Ogden, is improving, and it is thought that he will be able to attend council meeting on Monday and if this be the case then all of the councilmen will be present at the time, for the members in Salt Lake have said that they will be at meeting just as soon as Carr can be present. Many of the citizens are becoming very indignant over the affair, to think that some of the council would absent themselves from meetings just because they cannot have all their own way. In last evening's Standard an article appears which is said to be an interview of Dr. Powers, and in that article some statements are made which are pronounced as utterly false. Dr. Powers is quoted as saying that Joseph Streng and Peter Madsen, two of the jurors in the Erdman inquest, told him that they would stay by him if he would stay by them and vote for D. A. Murray as chief of police, and that Streng and Madsen, with Thos. Mercer, Fred Tout and Chas. Rapp, were persistently after Dr. Powers to have him promise to vote for Murray, but that he did not make any promise. Our representative saw Mr. Streng and Mr. Madsen last evening and asked them with regard to the charges that Powers had made against them, and they both denied having had any conversation with Powers either on Monday or Tuesday, and that they did not make any promise to Powers if he would vote for Murray everything would be alright in the inquest, and these gentlemen doubt very much whether Dr. Powers made the statement as quoted in the Standard, because the gentlemen say if he did, he fabricated the truth. Mr. Mercer, and Adam Patterson and a number of others say that Powers did positively promise them to vote for Murray, and now he (Powers) denies ever having made such a statement to anyone, and that he intends voting for Davenport when he meets with the council. Just where this council matter will end is a query among the public in general. # IN THE DISTRICT COURT. C. T. Beggs vs Hattie E. Morton and Edward T. Morton, is the title of a suit for a mortgage foreclosure; the sum involved is $7,500. In the divorce suit of Nancy Martin vs James E. Martin, the defendant failed to appear, so a decree of divorce was granted as prayed. T. C. Ford vs Union Pacific Railroad company; plaintiff was granted ten days' additional time in which to file amended complaint. W. J. Menzis vs Citizen's bank et al; the receiver of the Citizen's bank was ordered to set aside all rents and profits from the property sought to be foreclosed in this action, until further order of the court. Deming vs Toponce; the defendant not appearing, the court ordered that judgment in favor of plaintiff be granted and an order of stay of execution for ten days was entered. # BIG DAMAGE SUIT. In the case of A. H. Arnett et al vs Southern Pacific Railroad company; amended complaint filed increasing the amount sued for from about $2,000 to $3,000. The plaintiffs allege as the cause of action that they were shipping a number of cattle from California to eastern markets, and the stock was delayed in transit, many of them dying. The cattle that did not die became sick and poor because of said delay. The first complaint filed was for $3 per head loss on the cattle. Explanations were made in the amended complaint that the first suit was filed under misapprehension, and the facts in the amended complaint states that $15 per head was the loss sustained. The attorneys for the defense objected to the proceedings, and ten days' time was granted in which to file answer to amended complaint. # IN THE POLICE COURT. Olle Hansen and Oskar Mortensen, the two boys charged with robbing the Five Points store, were both fined $10 each.
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# SUPREME COURT OPINION. Affirms Judgment in Case Against Citizens' Bank of Ogden. In the cas of Eliza Warren et al, appellants, vs Theodore Robison et al, directors, and the receiver of the defunct Citizens' Bank of Ogden, the supreme court handed down an opinion late Saturday afternoon affirming the judgment of the lower court except as to one of the directors, Charles M. Brough, and as against him the case was reversed and remanded to the lower court with instructions to enter judgment in his favor. The opinion was written by Judge Stewart, of the Third district court, and concurred in by Justices Baskin and Bartch. The suit was brought by plaintiffs, as stockholders of the bank, against the receiver and directors of the institution for an accounting and to recover damages for the alleged negligence in the management of the bank. On April 26, 1899, Judge McCarty, who tried the case, rendered a judgment of nonsuit against defendants. The case was appealed to the supreme court and the nonsult affirmed as against Directors Theodore Robison, John Maguire, Newell Beeman and George W. Perkins. and Receiver J. C. Armstrong. The judgment was set aside as against Charles M. Brough. H. H. Spencer, George Murphy, Adam Kuhn, R. A. Wells, S. S. Schramm and W. W. Corey. The case was again tried and, on May 27, 1901, Judge McCarty rendered a decision in favor of plaintiffs and fixed the amount for which each defendant was liable. From this judgment an appeal was taken by both the plaintiffs and defendants, but the supreme court affirmed the judgment except as against defendant Brough, as stated above.