Show n n HT y JOHN JOAN G C GRAHAM IS 18 VICTORIOUS I Supreme Court Rules In His Favor nd Quashes Information NO ELEMENT OF ClU IE Opinion Written by Judge of or oft Ogden t amid In III unit aind The Supreme court today toda handed down own a n decision In tilL the caSH case of the tho State VH vs VI John C Graham appellant I charged with unlawful cohabitation re vcr cr ln h rr wJ hal f c to quashing the I The llio defendant was charged with un unlawfully Unlawfully lawfully cohabiting with more than one woman in the county of oC Salt Lake continuously between tho the 1st day of It January 1818 18 S and auth l the thc lie day of May Mu 1899 The points of ot law Involved In III n the I appeal were that the lie offense was not committed In iii this county count as one of defendants alleged wives lived In Utah county and und one ono here also nho that what the neighbors believed bellee as to the de lle defendant and his relations with the lie al RI alleged Jred plural wife Ite living In III this county was sas not sufficient su upon which to base basea a II verdict of or guilt I The opinion says sa The mere exist existence existence ence In iii some other county than thu Place of ut triai of ot nets or conditions of ot tho the defendant lawful III In mid ml 1 of ot them themselves selves but accessory nel to be alleged and arid proven In La order Jr el tu to establish the tho crime as us do not Invoke Inoke the powers of oC this statute so as to permit hermit the th lie trial of oC the lie defendant In such other county Applying this thill reasoning to the case calle m lit war Liar anti ana viewing me tile evl ence in La the tao light of ot the presumption of ot Innocence accorded t tu to every person we 1 must Inevitably come to the tho conclusion that lint the Jury jur were Wert bound under OIl evidence In this raw case e ajl to regard ua us wholly Innocent any relation whether actual or apparent existing between the time defendant and the thi woman named In the lie Information who resided ll In Salt Lake and who claimed to be his wife viCe If It in any nn ease case the tho proof shown the lie presence of a relation founded Either on on actual mar marriage marriage or on the holdout hol oUt of ot Its exist existence existence ence between a n man arid and a woman liv II Ing lag within the Jurisdiction of the court and no evidence of any un Illegal Inception tion or character of oC thy relation Is pio pro produced the conclusive presumption arises that such relation Is that of at law lawful lawful ful tul marriage This Is so upon the well ehl established rule that the law la presumes n u usual and ordinary state of oC things rather than a peculiar and exceptional condi Ion It supposes IB legality rather than crime and virtue anti and nn 1 morality rather than him the opposite qualities While residing with his hits wife In Salt Lake county count the defendant did not Haunt In the far fac nf of tho the world orld the lie os ostentation and opportunities of a n big bigamous bigamous amous household Consequently while the defendants association n ami ida rela relations loris with tin tho lawful wife In Salt Lake county count was u IL necessary nCI ar matter to bo plead and proven by b tho the Slate yet such association art rt or condition was not n a public offense nor hurt of any an and unit riot not being or constituting an unlawful element of oC any offense It could not bo ho an act or the effects of an all net necessary to 10 the consummation of a n crime because no crime Is corn com composed posed pot ed In hohe or In put part of lawful acts AVe We Se think therefore that the theory upon which the main Instructions lions of the lower court were given elen were erroneous While It Is not necessary to show sexual relations between betten such parties and amid while It Is truo true that a n conviction would have been supported by showing other marital associations aa between the defendant and such wife such luch Is the thc holding out to the world orld a n semblance f t marriage yet et the tho defendant could only be convicted upon proof of alfir math acts upon his hla part from which the lie jury might aught Infer Inter guilt nut Hut It would be setting getting a dangerous dan precedent to permit the mere macre belief bellet or thought of ot acquaintances and neighbors and friends to become bec me an element In any crime The opinion was aR written by b District Judge of at Ogden unit and concurred la III by b Justices and Kartell VS B imOS The Supreme court also J o rendered a IL a decision In the lie case ra e of ot Wilson I iny der er assignee for the benefit of ot the creditors of ot Brothers appel appellant appellant lant lint vs 11 The llio Fidelity Saving Association tion a corporation and an Edwin Edwia II W t Johnson I I reversing tho lie judgment of tho lie II lower court with costs Thin The suit lull wn was Willi brought blought In the lie district court of ot Summit county to compel tho the i cancellation of oC n a trust deed u it 2000 note executed by b defendant Johnson ns nil trustee for or the benefit Tit U tho tim defendant corporation by II Brothers who prior to the commence commencement ment of the tho suit Hult made nindo n ot general as assignment a 11 to the time appellant for tor tho tue hone bene benefit lIt fit of nf their creditors The fidelity lI association Is III a n Colorado corporation anil the mite nute wu Willi made payable In Denver Dener The contract also provided thai hut It was wall tn to be lie construed according to tu the laws of Colorado A difference arose between tho Ihl parties an as anto asto to the amount finally due dIll on the note noto Tho Tue appellant tendered what ho lie hild to be due du but the tue savings association refused to accept the amount of the tho tender rr arid and refused 1 to cancel the lie deed thed whereupon the plaintiff brought suit stilt an nil stated alleging that the tim contract should be construed with reference to tu the laws of ot Utah which the Supreme court hold held was proper Justice Dai Hurtch ten wrote tho the decision which was 1111 concurred In by bv Judge and District Judge SCHMIDT CASK eASI ASI ASIAn An opinion was likewise today toda hand handed ed ott down clown III In the ease case of ut Joachim et al nl vs S the lie Third Judicial district court A N Cherry Cher Jorge Jurge jur and the tho Itlo Hlo Grande Western com coin company pany affirming the ruling of ot the lie th lower court cour H tnt I li l t j art p to the Ih li 10 rl vIew upon Ulion certiorarI an nil order of oC the tho district court count granting a n nI trial to the tue railway company COlli pliny The statute pro provides vides that a n motion for tor a IL new nou trial must bo be made within sixty days from torn time thO of or the th Judgment and an by tion iou and other othol reasons this matter In this case was 1111 allowed to pm go O beyond the th iii statutory period anti ond finally whan It I came ClUne up the tho court granted the tho defend defendant defendant ant n II new nell trial and plaintiff appealed on the Bround that the lower court hud lost jurisdiction The Supreme court holds hohls that lint Inasmuch as OS part Ott of the de do lay was vas th the result of ot accommodation to tho ho plaintiff that lint he cannot now come comae In Ira arid ami take advantage thereof District Judge Hart Hait of Logan wrote the opinion Haskin unit und Marten concurring To lo Quiet Title I lip Hobert K 1 Smith commenced a suit stilt today toda In tho the district court against the school district of ot this county and live other defendants defendant to quiet luiet ht liim title to n ft Interest In two thin pirn of ot property In sections 23 3 arid and 2 26 township 3 south range 3 west wesl Motion lIot ion Overruled JI ed Judge Hall lIali yesterday afternoon over overruled overruled overruled ruled the motion of defendants for to I a it nonsuit In t to e ease case of at J W V Scott of ot the th lie state estate of ot James McCann deceased vs s S James Crouch ct ot al oh the lie trial of which Was com corn commenced several days ago ngo The suit Involves a n Interest In the thu Zelnora mining claim at nt which plaintiff claims belonged to tho tie deceased as us ono me of time the original locators locator thereof Judge Hall hail this morning oil oi the tho trial being h rendered his i decision In favor of ot the tho defendants The plaintiff will appeal from the judg jud ment mont Trillion Id Hodge tiled filed a petition In III the time district dl court today asking that he ht be appointed guardian of William anti and Christina hedge Hodge aged 74 4 anti and 71 1 1 years respectively Time The petitioner says FUYII that lint I Mrs Mae 1111 HolK Is I wholly holl Incompetent and amid that lint about five years ago the lie old people who live In this lila city convoyed conveyed all nil of their property to petitioner who Is their f Mil lion oi If It he lie would thereafter take care of ot them which ho In has done desires d to do therefore asks to be he appoint appointed ed cd their guardian |