Show FIRST DISTRICT COURT the joseph page floe case is argued AND SUBMITTED TO THE JURY bonds forfeited for non appearance pat colling gets three ye ars wal li libel case Is norad the prosecution offered to evidence a large number of quarterly be lure and after the said quarter to show that the returns for this quarter were excessive the defense objected to introduce ion of these reports on the ground that the returns of one quarter could not le proved by the returns ot another quarter ilia honor took the question under advisement christian bowman aimer crane and andrew nielson were called as witnesses but were present attachments for these witnesses were ordered to be issued samuel porter am postmaster in fairview sanpete county a mail runs from mount pleasant to fairview have lived in fairview since april in 1883 1 I I 1 bosworth was postmaster before me john whitbeck am postmaster in nephi have been so since last april mr zane what is the quarterly returns of the nephi postoffice post office objected to by atie defense the cowna were far apart and alie business of the two towns were entirely different the past office returns of the one could not be proved by atie other objection sustained am acquainted with the town of mount pleasant have been ao for the last fit teen years am also acquainted with nephi in I 1 should judge nephi was little larger than mount there has been an increase in the population of nephi since 1885 the principle occupation at mt pleasant is farming tha population of neph in 1885 depended mainly on tock raising business lias increased wee 1885 there has possible been an increase of 15 or 20 per cent in the cancellation cel lation of stamps since 1885 mr zane what is the cancellation of stamps at nephi now objected by tho defence and objection sustained to mr johnson in a city having an express office the cancellation of stamps would bo smaller than in one not having an express office an express offrice was established at nephi about two years ago do not know about an express office at mt pleasant neils eliason am postmaster at moroni havo been so eight or nine s know the post office inspector EB Iron bland kept a cheek on ahe mt pleasant post offrice about three years ago commenced in june and kept it about a month we counted all the letters coming from mt pleasant that were stamped mt and stamped the register matter at the end of the month sent the report off cannot re cembor adv of the amounts papers were a the witness but lie failed to refresh his memory the other witnesses failing to appear a recess was taken until 2 MONDAY court resumed session at 2 william sabey made application for citizenship lie way a mormon but did not believe in polygamy and stated that should a controversy arisa between the church and the united states he would obey alie laws of alo land john aabey made a similar statement and both were admitted to citizenship the case of the united stales ya joseph page was resumed mr zane stated that he biad testimony proving the population and amount of postal business of fairview and two cities andr similar circumstances with a a similar class of people and with similar postal facilities as mount pleasant which he desired to produce his honor ruled that such testimony could not be admitted the reports for quarters previous to the last quarter of 1885 were introduced in evidence the defense taking an ex caption to the admission of said evidence the receipts averaged about per quarter mr eliason was called by the defense and testified in relation to the chance of postage lorm three cents for half an ounce of mail matter to two cents for one ounce he did not remember the date of the changes mr bowman am postmaster at mount pleasant have been postmaster since march ast 1st 1889 the mount pleasant poat office record was produced showing the quarterly receipts for several years past to average about 16 abner crane have lived at mount pleasant echt or nine vears the population in 1880 was 1996 jt is now 2255 think the town baa grown in business the prosecution rested mr johnson aked that the jury be instructed to return a verdict of not guilty the motion was overruled abner brune orune was challed Cfall ed have been acquainted with the defendant for eight ur dinue years his reputation for truth and cily is good mr bowman am acquainted with joseph page haye been ever since I 1 cj n remember his reputation for truth and veracity is good andrew nielsen have lived at mt pleasant about fifteen years haye been in the mercantile business since 76 know joseph page bis general reputation is good john carter mayor of mt pleasant testified to the good reputation of the defendant manti testified that in the land office business and in the sanpete county recorders office the amount of mail matter received from mt pleasant had decreased about one third in there were about men working on the temple in manti they were from all parts of the county number commenced to decrease in doseph page the defendant for se vei v ei at years mt pleasant was a kind of a headquarters for stockmen stoc kmen and of several counties it is not so now many men who had their homes at mt pleasant went afi to the mines and naturally this increased the postage the population of mt Pleasant 1 was largely foreign while that of fair tien was american the postage to denmark sweden and other countries is 5 cents the returns made by me of mail matter were correct to the best of my knowledge there may have been u mistake all men are liable to make a mih A recess of five minutes was taken after which the case was argued by the counsel court adjourned until tuesday morning consino MOn SINO the grand jury reported seven indictments the following cases evere ignored the people vs jas H wallis libel and alie united states vs jos garlicki Garli cli andrew hendricksen and RM rogers benjamin bennett was arraign el and plead not gubity to a charge of fornication warren B smith took until 2 to plead to the charge of unlawful fol cohabitation in the aises of the united states vs AM dilworth and daniel bielow bonds were ordered forfeited on account of appearance nonappearance non kobert brooks paddy and james bennatt were arraigned and plead not guilty to a charge af assault with intent to do bodily harm it will be remembered by the readers of the that this is the gang of tramps who assaulted a bre alsman beai the depot and threatened to throw him under the car wheels if ho did not allow them to ride but who were checked by the officers was sentenced to three years imprisonment for burglary argument by counsel in the joseph page case was the jury were instructed and retired the cases of the united states vs J deage DP age caspar christeneen E W fox and J L hescock vere dismissed by the prosecuting attorney mr zane stated that the principle evidence of the government in these cases was that of comparison and ac cording to the ruling ol 01 the court this was not ad the report of the commissioner in the west point irrigation co vs hana hansen et al was approved the case of sit pleasant vs gustave I 1 joanson Job et aiwas dismissed on motion of jacob johnson A recess was taken until 2 the jury at 3 brought in a verdict of guilty in the joseph page case |