Show INDICTMENTS GOOD Grand Jury Which Indicted Wilkinson Wilkin-son ct al Legally Constituted Judge Bartch next handed down his decision de-cision on the motion which was argued several days ago to quash the Indict I ments returned against Alexander Wilkinson returne I l klnson of Ogden charged with conspiracy 1 and changing ballots at last selection I s-election i The joint on which the motion to I i quash was based was that no person was I j eligible to serve on the grand jury who I I had acted in a similar capacity within I the preceding two years Judge Hender son of Ogden in their arguments pointed I I point-ed ot that E R Eldredge foreman of 1 the late grand Jury which returned the indictment was a member of the grand jury at the February term ot the Third I district court In 1893 and that Mr Jones distrit cour another member of the recent grand jury te had served as a petit juror within the I past two years The Section Was Repealed United States Attorney Judd held that tho law on the subject was passed in 1878 although In the statutebook it bears the alhough date ot March 13 18S4 and that subse act which I quently it was repealed by an says that a person Is not competent to act as a grand juror who has served as such within one year which the defense relied The section on rele I Judge secton argued was embodied In the I compiled laws of Utah by mistake after having been repealed by the later act Motion to Quash Overruled Judge Bartch in delivering his Judgment Judg-ment overruling the motion to quash said he did not think that the entire act of 157a was repealed that portion which referred re-ferred to the manner ot empaneling I I I grand juries was he thought still In I force and effect because the later law I that of 18S4 contained no substitute for I I i The provisions which mae a Juror I eligible commencing with provision one to seven inclusive he was ot opinion were repealed by substitution The motion mo-tion must therefore be overruled This decision carries with I the cases against Par E Gordon and William Edwards Jointly indicted with Wilkinson Ten days was allowed to prepare a bill of exceptions the demurrer heretofore withdrawn was reinstated and the arguments month on the demurrers in all three cases was continued Indefinitely i |