Show THE FIRS DISTRICT A Long List of Cases Before Judge Judd THE ABRAHAM 0 SMOOT CASE TIe Jury Falls to Agree and Are Bent Back for Further Deliberation De-liberation In the First District Court at Provo Wednesday the following business was transacted United States vs Philander Brown unlawful cohabitation plea of pot guilty withdrawn plea of guilty entered en-tered Setence September 29th United States vs Henry Saunders arraigned on charge of ulawful cohabitation co-habitation September 28th to plead United States vs Oluf Larsen adultery adul-tery to plead September 28 h United States vs Joan Walton arraigned ar-raigned to plead September 29th fornication United States vs Emma Watts fornication forni-cation plead not guilty with leave to withdraw United States vs Joseph Clark cohabitation co-habitation trialverdict guilty United States vs Eliza Walton fornication plead guilty sentence suspended during good behavior I United States vs Jacob Schaner cohabitation co-habitation trial verdict not guilty United States vs James Butler withdrew with-drew pla of not guilty plead guilty United States vs James P Hansen unlawful cohabitation ordered to plead BsptemDer 27th United States vs Mons Nielsen unlawful un-lawful cohabitation plead guilty United States vs Add Kimball plea not guilty John Q Packard vs BullionBeck Champion Mining Company et al ordered or-dered to be dismissed BnllionBeok Mining Company vs John Q Packard ordered dismissed United States vs Emma Watts fornication for-nication judgment suspended United states vs James Butler sentence sen-tence five months in Penitentiary United States vs Mons Neilson sentenced sen-tenced to four months imprisonment 200 and costs United States vs Randolph H Stewart Stew-art cohabitation given to September 28th to plead THURSDAYS PHOCEEDINGS The first case on the calendar for Thursday morning was that of the United States vs Abraham O Smoot After a careful questioning and a number of challenges on the part of the defense thejury were sworn Diana Smoot was called by the prosecution pros-ecution Was married to defendant in May 1855 he had another wife at the time have lived with him ever since first wife is net living I have not been married to him since her death defendant lives at my house now Annie K Smoot lives on the same lot with myself and is supported by defendant de-fendant her house is about three rods from mine her children bear his name have seen him at her house he went I to see the boys to direct work and in cases of sickness was there at Mays wedding reception we I aft three went to Salt Lake together to President Taylors funeral Annie K stayed there Annie K ha sometimes occupied reserved seats at the theater with us did not go with us he provides for her and looks after her interests asa as-a neighbor To Thurman Defendant married Annie K in 1856 since seven or eight years ago he has not slept or eaten at Annies has lived with me since Mar garets death it is reputed and known that he does not live with Annie K tickets for the theater are Bent to Annie and she or any one else may go Au nies youngest child is in her seventeenth seven-teenth year defendant 73 years old I am 51 and Annie K is 55 Mr Hiles was called by the prosecution prosecu-tion Was living at Daniels house last October and saw defendant come out of Annie K Smoots house at 9 oclock in the morning To ThurmanIt was the house di rectlv opposite Daniels house To EvansIt was a brick house Miss Ida SmootAm a daughter of defendant Annie K Smoot have always lived with mother have seen father at mothers only on business would speak to mother am acquainted with Diana I visit her so does mother was at Mays wedding think father has not taken a meal at our house since have not seen them start off on a visit together Saxey Heard defendant preach at Spanish Fork about duty of husbands toward wives The court was under the impression that the practice of holding preachers to their statements was novel in court to say the least Defendant exhorted Saints to be true to their obligations Court rnled the evi dence incompetent Prosecution rested Denfense called Owen SmootAm a son of defendant am acquainted with house of Annie K which is an adobe house mothers house is brick and directly opposite from Daniels To PetersThe wall under the porch in Annie Ks house is perfectly white this house is five cr six rods west of Daniels gate Dan Jones called by prosecution Was acquainted with Mr Smoots house and thought Annie Ks front door is about west from Daniels gate Mr Evans addressed the jury for the prosecution George Sutherand for the deense Tte Court charged the jury that the defendant had a right to live with Diana he also had a right to support Annie K indeed it was his dutv to support her but there the relationship should cease Now as to the fact of disposing of Annie K and flaunting her before the world as his wife You are the sole judges of the testimony and of the credibility the witnesses The jury retired and at the end of two hours were called into court but they could not agree They were then sent back with instructions to report at 9 oclock this morning BEFOBE JUDGE HENDERSON Business in the First District Court at Ogden yesterday before Judge Hen derson i L B Adams was excused from acting act-ing as petit juror JesseiVanderhoof vs William Bailey non suit Presinda Jane Wilcox vs Jefferson Wilcox divorce granted James M Russell vs V M C Silva continued for the term on motion 01 r defendants attorney P H Emersnr Henry B Loenfeldt vs Adam Kuhn eta non suit |