| Show IN COURT CIRCLES The Demurrer in the Conspiracy Cases Overruled verlilel WILL PLEA ON MOND L NEXT The Forgery Case Dismissed Big Grist of Probate Matters Police Court Pickings Pick-ings a I A ruling on the demurrer to the conspir j acy indictment heretofore argued and submitted I sub-mitted in the conspiracy case against Eiias A Smith Francis Armstrong E M VVciler and Samuel Bennion was the first business before Judge Zane yesterday The demurrer was based on the ground that the indictment did not ckargo a public offense and that other legations were not supported sup-ported by law The judge overruled the demurrer saying that the office of count I superintendent of affairs was one which the county court had no authority to create and that a public offense was set forth in I the legations of the indictment That the case should come before jury on its merits I in order to determine whether or no the offense of conspiracy had been committed Did or did not the accused parties conspire to defraud the countydid they intend to use county funds unlawfully were questions ques-tions that should be submitted to a jury to I determine In the conspiracy charge against the I members of the Hydraulic Canal company the demurrer was also overruled the aso court holding that the indictment described de-scribed a public offense The question remaining re-maining was are the statements in the indictment I in-dictment true2 and it should be settled by tuoiurv The time for pleading in both cases was fixed for Monday next The case of the people vs John T Sweeney Mr McDowall his attorney asjied for an immediate trial Mr Swee ney was tried Thursday for passing a forged check and was acquitted It is the same check wnich in this case he was accused ac-cused of forging and the evidence Thursday Thurs-day showed that he could not write at all He had been confined in the penitentiary for three months in default of bail while his wife had to support their children as best she could by her labor Under these circumstances there should be an immediate immedi-ate trial the case should be dismissed or the defendant allowed to go on his own recognizance The case was dismissed In Luke McCartins case the fellow who voted at the school election in the Fifteenth district last July J M Bowman was appointed ap-pointed to defend James H Vannetta appeared in court and pleaded not guilty to the charge of polygamy polyg-amy and unlawful cohabitation The cases of the People vs M J Forhan for assault with intent to do bodily harm and for battery were dismissed on account of abandonment by the prosecution In the matter of the application of Thomas R Jackson forhabeas corpus Mr Moyle appeared for the people and Mr Varian for the government Mr Jackson was sen tenccd on April 20 1859 to the penitentiary on a charge of adultery because he livec with his plural wife He was sentenced at Provo and his term expired on Feb 19 But the costs 8123 had been assessed against him and he nad been ordered committed com-mitted for their nonpayment The attor neys read some law on the subject after which Zano said Inasmuch as the law simply imposes punishment by imprisonment or fine and not by both fine and imprisonment it dont authorize imprisonment for costs alone I In cases where the law authorizes a fine prisoners can be committed for fine and costs but where no fine is authorized in connection with imprisonment the costs can be assessed but cannot be collectei by imprisonment They must be collected by 1 civil process if at all The prisoner was therefore discharged as his term of imprisonment had expired The date of passing sentence on J B Cummings who was convicted of attempt to dorapo the other day was changed from today till Monday next A new trial will be asked for In the afternoon immediately upon opening open-ing of court the juriors not empanelled were excused till Monday morning at 10 oclock The balance of the atternoon was occupied with the McMartin illegal voting vot-ing case He had taken out his first papersand was laboring under the impression impres-sion that on them he could vote at school elections The jury acquitted him |
