Show THE SITUATION it is nothing but just to judge judd that some explanation be made of his attitude in the Niels encase about which so much has absen said especially since the rendering of the decision by the supreme court of the united states reversing the decision 0 the first district court on the same day that SHans nielsen was tried adultery the case of the united states vs john W gardener of pleasant grove was tried resulting in the same way as the nielsen case the defense in both cases contended that it was a principle that would be sustained by law that a man cannot be convicted of two different of fences which are covered by the sauie transaction and they determined ter mined to test the matter and so informed the court at the termination of the nielsen case when abe gardener case was concluded judge judd did not feel like taking any more action in the many other similar cases that were on the calendar and it was agreed that they be held over until the supreme court should decide the questions involved in the nielsen case this was certainly a humane view of the and it is but josf to explain this matter the court certainly had the right to proceed with the trial of the adultery cases then on the docket and impose sentence in those to which convictions were made had this been done there would have been many in the penitentiary now satisfying terms of imprisonment that were unjustly imposed hence in the course that judge judd took in consenting to allow the many adultery cases to stand over till the court was beard from in the matter there were the elements of fairness and justice |