Show BY JUDGE A LEGAL WIFE DOOMED TO IN CAK because she he privileges granted her by law duriac tho afternoon session of tho first district court at ogden friday the grand jury filed into court having in charge mrs E 0 headrick son of logan assistant U S attorney hiles stated to tho court that she to answer the question did your husband marry any other woman on the same day I 1 referring to the date of witness marriage on the gromad she was the legal wife mr kimball stated that inasmuch as sho claimed to be the legal wife and had already sworn that her husband had no cifa living at tha time he married her she was the legal wife and under tho ruling in the gilbs case she was a privileged witness when in a ease against her husband and was not compelled to testify the court did not think it came rulings in tho miles cass and ruled the question to be proper after consulting with her attorney mrs hendricksen retired to tha grand jury room but soon returned again in of the jury as eho had again refused to answer tha question the court asked mr if her answer was according to his instructions mr kimball stated that if she was the legal wife she had a right to refuse the grand jury could not examine her on her voir dire that was only within the jurisdiction of the court the court must first de cido tha question of privilege if she was the legal wife she could not be compelled to answer if ast then tha question was proper this point was decided the court could not punish her for contempt she had appealed appa aled to tho court from tho grand jury alie court could not eay that they should determine her claim mr biks stated that the only point raised was is the question proper mr cimball replied it must first bo determined whether she is tho legal wife OP not if she was in a trial against her husband and she claimed her privilege as the legal wife the petit jury would be sent out while sho was sworn on her voir dire that they might not be influenced by such testimony as might bo produced what is tho difference between fifteen men sitting here pointing to the grand jury and twelve taen there pointing to the petit jury bos they should bo sent oat while sho is being examined by the court and s io should not be punished for contempt until hor claim is decided unfavorably it is out of the power of the court to order her committed until then and the grand jury cannot ask it here mr hilas arose and in a very impatient manner said that if every contumacious witness was allowed to set up his or her blaim in this way aad appeal to tha court the whole time of the court would be taken up in such claims if this is a proper question and tho court has so ruled she should answer abo has refused and should be committed for contempt there is no use of trifling with these people but to that the judgment is carried out in order for the jury to detor mma hor claim sho must answer the question if answered in tha affirmative the next question would be which of the ceremonies was prior to the other mr E cimball reiterated what he had previously stated and said that tho argument used by mr hiles namely the consumption of the courts time was simply an anfor bunat point in law it could not bo changed now the law confers the privilege and the witness claims the right of that privilege she hia testified that her husband had no wife living at the time of her marriage with slim sho is therefore his legal wife and doos not appear in contempt oon tempt the court stated that that was only her conclusion sho coald not know whether her bueland bue band had another wife the only instruction asked by the jury was Is the question proper the court is only to pass upon the question of competency it is not to determine issues arising in the jury room they simply ask her the question in order to if she is a privileged witness she refuses to testify and I 1 dont think she can do it 1 mckimball Mr Kimball asked that the question and witness claims be to writing so that she could take exceptions this was done and mrs hendrian committed to the penitentiary until such time as sha expressed a willingness to alswor she was fiven in charge of her brother george C until saturday morning when she left for the penitentiary notice has baen filed of an appeal to the supreme court and it is thought an attempt will ba made to have her released on habeas corpus tomorrow to morrow |