Show M proceedings in alio dis ft j i n i ind court A case of unlawful tul tation is COURT abdou tata oa be ag last bunin r ald 1 trial tac liar 10 a a I 1 i aud U alit octra fair ter rit crial harlion U apt DISTRICT coira A it a 1 court opened may oth nl 10 a tn on alie bench an open venire was for 18 juror en at 2 p in tha icino day wal at 10 a in may in the case 0 lico J marsh B thomas 1 avii an order as entered motion for new trial daniel heine vas ond liar iro cohabitation a pleaded not cuilty tho cise wa continued for the term thomas ft as on a ot unlawful cohabitation and withdraw ins liia plea of not guilty entered ono of may ath was act for sentence son tence was arraigned on i a i liaiga of adultery arul i leaded not utility the case of tho united platen vs i chin U cohabitation was called for trial the following jurors were obtained it inoch K L davig ani E I 1 V orbon clernard D II 11 beery jr bece howell J W it williams niels knodsen albert garner C defendant was charged willi eliav ang in the yearn lived illi sophia Iton quist anil nna jacobsen aa hia nhe the first witness called nas mrs S christeneen Chri pis testified that bbb was a resident knew Kon knew knew anna Jaco baen did not know that ble was married to defendant had not heard the tila taha af her being his ale cougil not tell about it had seen anna oa the farm one did not see blonquist llon quist at the time aaa ami hla ixil plowing in the field ona dioio did not ee anna there at the time could not tell how long ago that was bad not bc en them together had seen ron in ills own liona but had not been anna at the time rophii and the hayand carls were present had had seen nna a the house when working tor that was about two years aio had seen and sophia loj cether but was not present at cillick time had eaten dinner at aroe but wart not at the time lid not know where lie wax for wit did not aea him then sophia put witness at atia table anna was around alie house at the time to mr abe big bonso 19 two mil eafrom hie fann tho fann f home had two booma the small bousa ana nearest to ogden had not been sophia live there she lavel in alio bin bouse lia il lived at years could nan tell how long tiance ehe firby baw ben had n over anna called tars aleh at alie email house had never been anna at dinner at the lii liliuo lial epen her at tho big two 0 as a hired airl lid not knowlie had ever lived with 1 itle i itak hannah was alie next wit she blie resided in hooper knew sophia know tie location ot hooper aana Burnt times rama to witness house biad not apen at witness liolio nt uny 0 theae timm when anna lived on tho arici lived in efto years ago witness saw anna laet but not on the beard alk anna heidt wife euid no attention to toioi itna tot belong lier had seen aliouse slie was probably i irl pinc MIH MI H aa alio biad abo had come pat T beveral times and anid y u but hal not stopped hind seen at the arm at times 1 to sir ebe biad wen Iton and anna at alie arm at the baino time f did not know how long it was sinco fhe aaa them it ho five tears aro ahrea or as min feat the time aud biad to ilola Il olt anna van therea had noer an them in hie anna was la i the lionie and defendant in th lu lj biad been anna and Iton quist toKu Hier years ago it waa on the occasion of in family lie hail not heard anna called anna elie biml always been ballel jacobsen Jacob pen hail taken no botica of alia bad li feard had heard nothing of anna be ioka plural wife ite direct anna had always been working out to any oue ft ho needed her had not seen her cook fur iton rt r t r amy daughter of de 1 and sophia that she was wn thought U wag alve or gix years ago aliat ahe lier it was about two eara educe ehe had been anna ili irsa haj gone to the farm at time paw anna there anna helped to cook another lady nna helping at the line anna lad lied there five six or beven years at time defendant would be at the farm did not ae him take the meals ho had with the oilier men did not know bow niah liaw defendant at the birra bad beard on the street that anna was defendants second wife anna coinelo the lionso and helped to work bho never lall walk pit homo cadi time defendant did not take her ciomo to mr did not alie time that anna did not live at ferru did not think die had livel at any oilier place anna had always gone out had never i een tier father and anna cat int to kether did not remember having been them together at any time biad never heard anna called by defendants name defendant biad never stayed away from homo except when lie went to the canyon anna kot her mail at house others did alio bamo and had dona so lor years charles was called lift was anon 0 defendant knew anna aha lived at alio arm ft it jeaa owned part of the farni anna was alie first one to occupy the house on alie farm the house was halt in 1878 did not know thatis vaa huilt for anca did not know who up ported lier she had a cow did not know chose it was tho cow was raided at homo in hooper wai present at threshing time n 1831 anna was living there at alie time had seen liia at alie farmhouse in 1885 nas at lie farm oftener that the general repute abon the people was that anna ws defendants wife airs helena was called and stated slie was tho leitl wife of defendant and refused to be sworn it w as explained to her that elie must be sworn on lier coir amr to ascertain whether slie anns the lesal wife or not eclie still refused to lie sworn alie court you cant refuse to be sworn on aliis point now wo dont know it to be a fact you ie mistaken airs conquist Kon quist no not mia takeo lot thirty yeara a titter run through the court room and cut olf the remainder of th speech she aa sworn on her i wr loir and as the legal wife charles was recalled and to the court testified bat he had heard some people say how is 5 our second stife vt ife liia father biad said how ilo you enow I 1 have a second wife the repute in the family was eliat she vaa his wife she got lier support as best she rould witness bad traded for he iu ogden city at tunes elie had cent eggs and hotter aloni did not remember who presided at the table durier meals at threshing had never known of his father lea vine KO ins to the farm and staying over night returning the next morning to mr kalapp had never heard liis father or his mother speak of anna as his fathers second nife she nas always known as anna or anna jacobsen the prosecution rested alie defence asked for a nonsuit non suit mr avans thought the matter should go to the jury the general repute as that she was bis wife at the time of the finding of the indictment the woman disappeared and hoa neer been heard of ethe supposition is that she was placed on the under grounds alie conn atna lui matter of suspicion the case was nut preceded by those things which bore indications of a marriage there were children mr evans well she was an aged lady she might leave buca barren the court however held that the evidence of marriage bitted was not absolute mr avans thought the case should go to the jury and a verdict rendered the court stated the only evidence of marriage was but general repute abid the evidence ol 01 associations thereafter was very beak 1 I am inclined to grant the for a nonsuit the jury left tha hoi the defendant was released and the sureties exonerated bent re tereon was arraigned on a charge of unlawful cohabitation withdrew his plea of not guilty and entered one of guilty sentence waa set lor saturday may alth A jury was called in the case of the united states vs Arch loald marar land and the court adjourned until today at 10 a m |