Show INGS IN THE CURTS ia alq ahe 9 Is from the EVEN of dept 17 ltd DISTRICT COURT 0 00 afternoon the case of sf Is thos 1108 pascoe came u up P S wisa llda 48 raon the des ts not present but a trial KS K S alting Ul ting in a verdict of wok shili nan aa I 1 i lluch a 15 year old boy WS ideis on oa the charge of SS MY and pleaded pa guilty to 10 the court that he itao NM chicago in june 65 11 after his arrival went h park where he stole a fe from one of the bath boy appeared to be wad ad promised that if given a chance he would return to his parents and live ala aa honest life the court after giving him some excellent advice suspended sentence in the cases of bates glover mulkey fitzgerald wilson and mckeaney McKi aney against whom inglet indictments have been found for engaging ng in a prize fight an order was made requiring the defendants to appear for arraignment the people vs thomas drew grand larceny defendant arraigned and plea of not guilty entered the people vs E L plant dismissed the people vs niels manderson MAnder sOD assault defendant arraigned aa and plea of not guilty entered J S groesbeck v martin blackburn plaintiff allowed to file amended complaint the people vs G GD D schell grand larceny continued until october pose bose noble vs charles F noble in divorce referred to J R mcbride to take and report testimony united states vs james hack ur unlawful lawful cohabitation defendant arraigned and plea of not guilty entered today in the case of john P ely vs consolidated julia lane S M co judgment was entered for plaintiff united states vs wm worth unlawful cohabitation set for september 19 the people vs joseph ashton and robert taylor dismissed the people vs wm J brown continued the case of the people vs howard M twombly assault with a deadly weapon was taken up for trial mr varian stated to the jury that th there 1 re was a question whether the d defendant elen dant tat the time he did the shooting complained of was in a frame of mind to be responsible for his acts and he desired that point to be given careful consideration william wiliam hooper a 15 y year r old boy testified I 1 live in ha the leah ward on april 9 1889 between 7 and g 8 pm p m three other boys and myself were sitting on mr arrella Far Ar relPs carriage steps mr twombly came up talking to 6 himself and told us to get out of there we got up and ran across the street and he fired a shot at us we then got out of the way could not say whether or not he was drunk he did not stagger we were not in the habit of teasing him we did not speak to him to mr lochrie we had seen mr twombly several times have heard of boys making fun oi of him when he was intoxicated after he shot at us we told the police J W parrell farrell testified to having heard the pistol shot my little girl ran in and told me one of the boys was shot I 1 went out but the man was gone I 1 saw twombly a short time after and lie he was drunk I 1 don dont think be was responsible he had been drinking heavily for some time frank woolley I 1 saw twombly a few minutes before the shooting lie was intoxicated and was muttering to himself heard the boy shooting and looked back the boy were then running across the street and twombly fired after them he had been in an intoxicated condition for several days I 1 dont thinkie think he was waa wholly responsible be hewa was snot not insane hut but was vas drunk frank goodwin and sidney bidney farrell corroborated the testimony of wm hooper mr varian said he would not I 1 press the case as twombly was not responsible judge henderson said such a man should not be permitted to go and engage in reckless shooting just because he was drunk the defendant was discharged APPOINTED last evening wm mckay ex U S commissioner qualified as assistant U S attorney in this district having been appointed by district attorney varian on thursday september 19 the terry case was waa taken up for trial mr varian prosecuting and A rawlins and moyle defending the indictment charges otis L terry with adultery with lydia middleton about august 15 1888 this is a case in which the prosecution holds that the lady is mr terrys plural wife RICHARD MIDDLETON testified I 1 live at union salt bait lake county lydia middleton was married to th my son know otis L terry he be is a married man his wife is sarah lavina terry she lives at fairview Pair view sanpete county bounty lydia middleton was married to my son five or six years my son was killed nine y years eaas ago 0 lydia now lives at my house terry terry was at my house about a year ago and stayed a couple of days he occupied the same room as lydia she now has a child four months old lydia has been married to terry this was after her husband my son died about eight years ago MARY MABY MIDDLETON testified richard middleton is my grandfather lydia middleton terry is my mathei mr terry was at mothers about a year ago mother has a child four months old mr terry is my mothers mo therIs husband he has a wife sarah L mother is a plural plum wife LYDIA MIDDLETON TERRY testified fiedT I am otis L terrys wife he has another wife I 1 am his plural wife my child is four months old mr terry arry is its father RICHARD MIDDLETON recalled mr terry and his first wife formerly lived together at union she has since moved to ban pete county to mr this was 16 15 or 16 years ago to mr varian never heard the defendant say that sarah lavina terry was his wife norbid nor did I 1 hear her say that she was I 1 thought she was to mr rawlins mr terry was then living with his parents he was not married then to mr varian varia I 1 dont know that sarah lavina is mr terrys wife D my daughter in law married him a few years ago sarah lavina then lived at union she did not live in the same house as mr terry mr varian I 1 have been misled in this matter by counsel mr rawlins I 1 object to such an imputation court the jury will disregard such remarks witness continuing in reply to mr varian I 1 supposed that lavina was mr terrys wife his parents lived in the same house mr varian we submit the case without argument mr Rawlins I 1 think your honor that we are entitled to an absolute instruction to acquit owing to the failure of the prosecution to prove the first marriage LYDIA MIDDLETON TERRY was recalled by mr varian I 1 know lavina terry mr rawlins objected to this witness testifying to the first marriage as in the miles milesa case she was held to be an incompetent witness until the first marriage was proven mr varian said that he had produced testimony leading to that fact if this woman is the first wire wife she isa is a competent witness court that is in prosecutions for bigamy polygamy and unlawful cohabitation only the miles decision was referred to and the court ruled that it was applicable to this case as only the marriage with lydia had been proven HIRAM SMITH who is one of the petit jury panel te testified stifled I 1 know lavinia lavin a terry became acquainted with her at union she lived with otis L terry the supposition was that the children there were his it was understood der stood she was his wife her children were known by the name of terry when lavina moved away the defendant moved also mr varlan varian I 1 ask the court to charge the jury that the first marriage has been proven by association court my impression is that the jury before they can convict must find beyond a reasonable doubt that the defendant was married to lavina their association tends to prove the marriage aga against dinst that is the presumption of the innocence of the defendant mr rawlins I 1 also ask that the jury be instructed that they must be sati fled beyond a reasonable doubt that lavina was living at the time of the alleged offense Tense of mr varian having changed hid mind about submitting the case without argument made a speech to th the jury ejury in which he claimed that the guilt of the defendant had been mr line lins spoke but a few words claiming that the first marriage aud and that the first wife was living at the time of the alleged offense were not proved the court charged the jury that tha t before the defendant could be convicted the prosecution must show that the defendant was married to lavina that in august 1888 she was still alive and that he had bad in ter course with lydia as stated these three points must be shown beyond a reasonable doubt by the habit and repute of marriage with lavina there is a presumption that they were married along with this is the presumption of innocence an and d they must be considered together there is a presumption that lavins lavina still lives and there is also a presumption that when he lived with another woman he did so legally and these must be considered together if you find he was married to lavina you must find whether or not she still lived at the date of this offense lense of you must be satisfied beyond a reasonable doubt of all three propositions or you must acquit nothing less will do the burden of establishing the guilt of the defendant is on the part of the prosecution I 1 tb the e J jury ury retired at 11 1140 40 am and after waiting nearly an hour court took recess till til 12 2 pm at the jury had not been able to agree u upon n a verdict the grato grand d jury came into court this afternoon and reported having found three indictments under united states laws and six under territorial statutes they also reported having ignored the cases against wm win paddock henry fisher wm win rooney A G paddock edwin green isaac sinclair aurelius fitzgerald J H smith james sykes james E malin mike moran sanders sanderson and joseph burnett wm win T cromar and john meeks were admitted to be citizens of the united states the case of the united states vs bedson eardley was taken up for trial and the work of securing a jury proceeded with mr eardley Is is under indictment for alleged adultery with his plural wife mr varian prosecuted and rawlins and moyle were counsel for the defense POLICE COURT ivins conk was sent up for 30 days for being a common drunkard thomas cone george Fritch loll henry john jones and harry lowring lo 10 wring were given 30 d days ays in j jail ail for stealing a ride on the B R G W alfred desmond and owen height were fined 5 each for being drunk jack dillon was found asleep ina in a piano box at rear of a music store and was sent up for fl five ve days rest in the city jail john burns timothy geysman and al householder were fined 10 each for being drunk john davis da vis was sent up for 10 days for trespass john dunn was lodged in jail today to answer to a charge of drunkenness proceedings before judge henderson sept 18 people vs elizabeth maintaining a public nuisance dismissed on account of insufficiency of the indictment united states vs wm win 8 muir adultery dismissed on account of a former conviction of unlawful co habitation coveri covering Dg the 1 period ayi united states vs win og fornication the defendant defendants appear and his bonfoy aa y ordered forfeited with le ve I 1 forfeiture aside if he be appel u the term A adud magnu olson was ado citizenship warrants were issue issued 1 for f r tb AB S rest of the following fiers who were ordered to fapp r toels m ment e n t today but f faaleo id I 1 ed 0 aw owing to not having taa notice mulkey fitzgerald ad ral bates mckinney vety faber prize fighting jos 3 C low lehi pratt and j mock assault bt i in the case of the peo gle B smith charged with wit ing a nuisance the jury reto 1 verdict of not guilty td jg ellwood N jenkins 10 it tomorrow to an indictment cu him with fornication low fag 2 one indictment under WS fe 0 states laws was reported reP 01 ciolk w yesterday J va grand jury the jenkins case |