Show THE conspiracy CASE the perjury case against mr evans evang of malad having been disposed of in the district court of that place the next matters of importance tackled were the cou conspiracy spir aaa cases indeed there was practically but one case fifty six persons having been included in one indictment the matter came up for trial before judge berry on OD tuesday sept there was much disappointment among the virulent anti moi mormon l element over the result of the case of penury against mr evans and the officers said that in the conspiracy matter they would get a j jury u ry together that would convict this time for this purpose they aured the country and imagined they had got what they wanted when the panel was completed the charge preferred in the indictment against the fifty six defendants fend ants was substantially that they had conspired together to break the laws of idaho territory notably notably y the idaho test oath law by agreeing to vote at an election when they knew that they had no right to do so the case was tried and at 6 pm on wednesday was given to the jury on thursday at 2 pm the jury came into the court with a verdict in which they found fifty five of the defendants not guilty and one guilty The latter was samuel D davis da vis of Sa Samaria maxia A new trial was asked for mr davis by counsel for the defense and denied and the court sentenced him to pay a fine of the fine was not paid and mr davis placed in jail judge berry was applied to for a writ of habeas which was also denied and an appeal from his action was taken to the supreme court of the united states the matter is in thebert the best possible shape it could possibly assume for final adjudication none of the acquitted fifty five defendants can be again placed in jeopardy on the same subject either under the title of conspiracy 0 iracy or any other the appeal to tte the supreme court involves the validity of the infamous test oath law which will therefore be decided one way or the other the defense was conducted with marked ability the attorneys being mr J 8 rawlins of salt lake and mr J N kimball of ogden mr standrod and kentucky smith appeared ou on the part of the prosecution |