Show arr FIRST DISTRICT COURT the opening of the february term THE GRAND JURY AND THE JUDGES CHARGE the court defines what constitutes the came of adultery on saturday the divorce cases of ellea strong vs gabriel strong and mathew butler vs august butler were heard and taken under advisement in the case of joseph vs cyrus foote et al decree in favor of defendants to be divided as follows fees of astray 2200 damages to foote witness fees for defendants 1600 reporters feelo attorneys tor docket fee 10 alie clerks and marshals to he paid by plaintiff on monday the court announced that discussions in the strong and butler divorce cases were postponed until february term judgment was given plaintiff in the case of litchfield vs hickmaa the r term was formally declared closed rt 1040 yesterday morning and immediately thereupon the opening of the february term was duly announced the grand jurors were called all except eight answering to cheif names samuel brigas J A hyde james gray summoned as grand jurors asked to be excused briged ana gray were excused but the court took eydes application under advisement robert hilla newel knight and D 0 huntington were sworn as bailiffs and an order was made for the attendance in court during the term of tho sheriff of utah county P C ch risten aen was arraigned on the charge of unlawful cohabitation he plead guilty another indictment was read to him charging him with commit tin adultery with his wife pleading to the last charge was postponed until 2 the following names of grand jurors were then called D 0 dark john rogers john W brown thomas goodman milan 0 packard thos B jones H E taylor thatcher hallett marion holdaway john patten james mcbeth thos E thurman anton christensen edward luce and L L clark mr evans proceeded to examine them as to their statutory and moral qualifications they were each asked as to their belief in the doctrine of polygamy and their connection with the mormon church two members of the mormon church thos B jonea and T E thurman were closely questioned as to their belief in polygamy each one declared his belief that it was not only unlawful but wrong mr evans asked mr thurman if he believe joseph smith was a true prophet mr thurman answered that he knew he had prophesied through some of joseph smiths revelations were good some principles were right say that the revelation on celestial marriage was genuine or spurious he there mr evans said he believed abo jurors examined were qualified to act and they were then accepted si s i the grand jury and tho rest of the panel summoned to appear were excused from further attendance P C christensen cama forward and plead not guilty to the indictment read 10 him earlier in the day and announced himself ready to receive sentence for unlawful cohabitation to which he had plead the court sentenced him to ninety days imprisonment and the costs the court appointed james mcbeth as foreman of the grand jury the grand jury was then duly aborn after which his honor remarked up n the fact that the grand jury was mostly composed cf young men only three or four having evidently reached middle life duty the court said was to fairly arid without prejudice investigate cases people should net be up here without just and sufficient cause and put under the necessity of standing persecution their duly was not merely it was binding upon them to perform that duty conscientiously whatever might past iu the grand jury room should be kept secreta juror could not by an upright citizen unless chev should abide by their oath without detailing all the crimes that would likely come before them the court t lem to investigate all cases that might tie b ought before them in reference to the U S criares cri ires such as arise under the laws of 1882 and 1887 the court eaid it was more than likely the jury would have them also under consideration the court charged that when the law says that whoever cohabits with more than one woman etc it means that if a man having a lawful wife and goes and lives with his plural wife he is guilty of unlawful cohabitation he must live with his lawful wife and only her it is the plural marriage system that the government proposes to strangle in regard to the U S statute concerning adultery the court said ifa man has sexual intercourse with his plural wife he ais guilty of adultery that is the law his honor impressed boon the jury the importance of the present situation the time has come when utah must come into line with the united states this territory is a part of thia great government ern ment if people cannot livo within the laws of the land they should gleave the country public sentiment is being strongly arra arrayed jed against these crimea practiced in the territory the court did not want any man indicted unless the facts warrant it he did not want any fishing indictments found or brought into thia court he did not want it believed by the mormon people that the government wished to oppress them ane time has come when every man and woman should feel to bow to the flag of our country chev should bow in loyal obedience to the laws of tho country and when they feel that way then utah will be a happy spot hi honor felt an interest in utah he wanted to see this territory in perfect sympathy with the government of the united ri tates and occupying a place equal with that of any section of our great country if the proofs warrant an indictment no matter how high the person may he he should be indicted but not without the proofs shall warrant an indictment the court adverted to the with chieh alie previous grand jury had worked he had nver seen a graml jury work so court trusted to the integrity and patriotism of the grand jury naver a i ass came bebon them for aliey munt shut their ayea against dice do their duty grand jury then withdrew being atoru in as tho bailiff in erick ne ken was admitted to citizen hip |