Show FIRST DISTRICT COURT james bansen acquitted ofus WILLIAM KELLEY ACQUITTED FOR WANT OF EVIDENCE the marks assault and battery case now on trial AV ABRUPT termination on tuesday afternoon the case of spanish fork city vs morgan hughus rame to an abrupt termination his honor judge jadd instructing the jury to render a verdict of not guilty for the reason that evidence evid enco of criminal intent had not been shown which was accordingly done his honor declined to express his opinion in this case as to the matter of jurisdiction in connection with the water rights and privileges leges involved inasmuch as there was already a suit involving these questions now pending in court the court preferred not to express an opinion on the questions at present especially as the merits of the present case did not render it necessary to do so court then adjourned until wednesday morning THE TRIAL FOR U C the case of abo united states against tames P hansen indicted for unlawful cohabitation came on for trial district attorney peters and his assistants hilea and evans prosecuted and thurman and defended mrs nicolina hansen waa called as the first witness she testified that she lived in ephraim bendetta was defendants wife witness also was defendants afie had three children by him lived with him for awhile and then separated live now a mile from benu ettas left bennettas Bend ettas place a year ago his son lives in the house I 1 now live in in he came to my house with pro via ioas also in and in 1887 he was arrested dont think I 1 did testify before the grand jury that defendant came to my house often did not say before the grand jury that he had eaten meals at my house within the last six months I 1 said seven years we have been separated eight years we then agreed to a separation because it was against the law can doncien piously bay that we have not lived together for at least seven years to mr thurman have not associated with defendant as a wife during last seven years miss sophia hanson testified that sho was defendants daughter by bendetta nicolina up to last year lives on the same lot as witness wit neBS mother have seen defendant go occasionally to nico lenaa house during the last four years to mr thurman six or seven years ago father ate week about at each house he has since eaten altogether at mothers house mr allred said he lived at ephraim and had known defendant for twenty years nicolina is known as defendants second wife the houses of bendetta and nicolina tt ere ten rods apart to mr thurman the reputation is based on that of ten years ago it is not based on anything witness know or heard of within the last two or three years defendant took the witness stand and said he had not lived or associated with nicolina for four years had deen there to carry provisions and asser tam the wants of the children farther than this he had not gone to mr hiles I 1 still claim nicolina as my wife to mr thurman I 1 meant by still claiming her as my wife only so far as supporting her is concerned I 1 dont mean by that that I 1 have lived and associated socia ted with her as a wile the counsel on both ads then pro ceilea to make their armaments at the conclusion of the arguments at noon abe court took recess s for one hour at 1 the jury received their instructions from his honor and withdrew to consider their verdict A NOVELTY the monotony of the usual proceedings iu unlawful cohabitation cases was somewhat varied on wednesday afternoon by the iury in the hanson case returning to the courtroom and announcing that it was impossible for them to agree as to a verdict this occurrence must have struck every one as a novel one the jury were discharged and the case ordered to go over until next term arraignments AND PLEAS united states vs richard jenkins segregated cases of unlawful cohabitation and adultery defendant plead not guilty wm broadhead Broadh cad indicted for misdemeanor plead not guilty henry saunders indicted for unlawful cohabitation withdrew former plea and entered plea of guilta sentence set for october 20 JUROR EXCUSED riley jones juror wae excused SETTING av CIVIL CASES it was ordered that the attorneys of record in civil cases appear in court on november ard 3rd for the purpose of attending to the setting of civil cases now on the docket court adjourned until next morning ARRAIGNED FOR at 9 thursday morning court opened by the clerk calling up aiex datrie for arraignment on tiie of murder this defendant is charged with joseph P diode for the murder of in millard county he took time to plead ARRAIGNED FOR ASSAULT lafayette huntsman was arraigned on the charge of assault with a deadly weapon on one orson huntsman in millard county defendant took time to plead DISMISSED FOR WANT OF EVIDENCE the case of the united states against william kelly was called up for trial this was a case of unlawful cohabitation mr hiles prosecuted and thurman sutherland defendant following are abe jurors called to try the case hans karaen geo allrey john leetham geo chesley meshack pitt W A haws wm clyde W G barton john T leetham jas lendsay geo white D C daniels the first witness availed to testify was mrs christina kelly she eaid that she was married to defendant in 1857 at that time ha had another wife since then he has married elizabeth kelly mr kelly lived on the farm last year elizabeth lives in american fork in her own house biti ess never marrie defendant after the twist difo died de fondant lias not lived wit lui three or four years to mr thurman he married eliza in 1858 mr hiles then arose and said that lh government had not evidence to convict and asked alia court to dismiss the case the jury was thereupon instructed to render i verdict of not guilty which was accordingly done and the defendant was discharged anc ADULTERY CASE alie case of the united states vs wm 1 M bromley who had been arraigned and plead not guilty to the of adultery with ahja wife rosina was the at casp called up for trial just as the jury was about to be called it was found that mr Brom leys attorney 8 R Thu naan was the courtroom court concluded 0 o wait a few iii half an hour elapsed nod fotiu the a torney remained absent mr geo sutherland explained that defendant had been making with mr le grande young in salt lake but that gentleman could not appear this week and defendant had probably failed to see and consult with mr thurman mr sutherland Sut heiland stated that defendant thought in view of the recent notoriety and probable prejudice giyen his case that there were good grounds for a continuance ti nuance or a change of venue the court instructed the attorney to prepare the necessary papers by one chui coui t then adjourned until one at one affidavit was presented by mr Brom leys boum el setting forth certain facts why the defendant did not believe that he could get a fair trial and asking for a change of venue after arguments pro and con iaia honor reserved his decision until this morning mr thurman who had been absent when this case was called up in the morning appeared in the afternoon and conducted defendants application CHANGED PLEA the case of alie united states vs alfred turner for unlawful cohabitation was next called the defendant appeared and stated that he wished to withdraw his former plea and plead guilty sentence was then set for nov SESTE Cn SUSPENDED this morning lafayette huntsman a boy about 17 years of age was arraigned on a charge with assault a deadly weapon on the body of liis brother a married man of 26 years of age the particulars of the case are to the effect that the defendant in company with another young man went into his brothers orchard to pick some plums the brother ordered him out and they would not go when there was a general scuffle the outcome being that the defendant cut the arm of his brother with a pocket knife the court gave the youth a sound moral lesson and told him he would suspend een lence during his good behavior PARDONED BY THE mr hiles arose and stated thai in the ludvigson guilty of unlawful cohabitation and who was to ap pear at this term of court to receive sentence had received a pardon in the case from president cleveland the court instructed the clerk that an order be entered showing that a pardon had been received and that the defendant be allowed to go without date MOTION the court stated in the case of wm M bromley that he had looked into the matterand found that the affidavit made by the defense fell far short of the facts in the opinion of the court a fair and impartial jury could be obtained and he would have one if he had to send to box elder county to do so ho would not allow any juror to sit in the calu who possessed of any bias or prejudice an order was entered overruling the motion for change of venue BOTH PLEAD GUILTY richard jenkins for unlawful cohabitation changed liis former olea of not guilty to guilty sentence was set for november the adultery case against the same defendant was continued for the term oaf J anderson charged with unlawful cohabitation plead guilty sentence was set for november THE MARKS CASE the case of the people vs C marks was then called the case was one of assault and battery evans and reid prosecuted and jacob johnson appeared for the defense A jury was em paneled and duly aborn mr heninger was the first witness he stated that he was cleaning out the companas comp anys ditch north of defendants house and on his nrc in moroni sanpete count 1 when the defendant came up and ordered him away he refused to do so when defendant struck him with a club three or four feet long on the left arm inflicting injuries that deprived him of the use of that member for several days the grand jury came into court at 20 minutes past 10 and reported one indictment under U S laws and three under territorial baw alie prosecution stated that the grand jury would be ready to be discharged this week mr reynolds was next sworn for the prosecution in the marks battery case and substantiated the evidence given by mr heninger the defendant then took the stand and testified tied that on or about alie of last luty heninger started to clean out a ditch on his defendants premises about fourteen feet in front of his house out filth that emitted a terrible stench defendant bad a sick child at the time and he remonstrated with heninger the latter still persisted in throwing out the muck and lie engaged in a scuffle with him in which heninger hurt himself some way heninger had also cut down bome treba that I 1 had planted in front of my house for shade mrs marks the wife of the defendant was next sworn she told a tale similar to that of the defendant the evidence being all in the arguments were made 0 o the jury by the defense and prosecution th arguments of the prosecution cot being concluded when court adjourned at noon for on the reassembling of court at 1 this afternoon PETER appeared before his honor and stated atiat his family affairs were in such a mi aej state that he would like to know what to do he had two wives the first one having been divorced from him by the church and the second one as lie thought legally married to him he was willing t obey the law but wanted to know what to do the court instructed him to secure a legal divorce from liia first wife in the courts and then marry his second wife if he until then he must not live with his second wife it ho did he would be liable of baini arrested the court cusp sentence during his good behavior alie dt fendall retired with a humble nod of his licad and a much obliged the arguments were then concluded in the marks battery case and the jury retired to consider their verdict the case of the united states vs gustave dornburg Torn burg charged with adultery with ellen olsen was then empanelled empanel led and mr clawson sworn as account of the defendants imperfect knowledge of alie english language the government was represented by ayiers hiles and evans and the defense by sutherland traxey the jury in the marks battery case filed ino the court at 2 and returned a verdict of guilty as charged the court said that it did not seem that there was any cause for a case of battery n oue was and he thought a fine of 10 and costs would be sufficient it was eo ordered alie adultery case against gustave dornburg Torn burg was then proceeded with ellen olaen was the birst witness called I 1 am nineteen years of age I 1 lived in pleasant grove last april have known defendant some time alie witness was still giving her wp to press |