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Show f COURTS VERSUS RELIOIOIT. Vcrttorday, at two o'clock in the afternoon, Fresident Brighain Voang appeared in Faust's Hall, before the third district court in session there. An immense crowd was assembled at the placj, outside, extending nearly a third way across the street, but was wisely kept from entering the building, concerning the security of which there were grave doubts. Frobably fifty or sixty persons were inside, including the officers of the court, members of the bar, reporters, and a lew others. Fresident Young was there to answer the indictment against him ostensibly for lascivious intercourse, really for believing and practicing a doctrine of the religion held sacred by him in common with a hundrcl thousand others. Mr. F'itch, of the counsel for President Presi-dent Young, said; "In the case of the Feoplc against Brigham Young, sen., the defendant is now in court; and before filing the pleas we have to make wc ask that the defendant shall be admitted to bail, if your honor will fix (he amount." The Court fixed the amount at five thousand dollars, when Wm. Jennings and John Sharp, stepped forward and were sworn as sureties in the pum named. Mr. Fiteh then, in answer to a question ques-tion by the prosecuting attorney, said they were' ready to file a plea in abatement. abate-ment. The plea was read, and set forth that the gra'jd jury which had found the indictment was not summoned sum-moned and impanncled according to the statutes of Utah, and that its acts were invalid; that it w:u not summoned sum-moned according to any statutes; that one of its members, Charles Kead, had served on a grand jury inside of two years, contrary to the act of Congress affecting such matters; that two others, E. L. T. Harrison and- James Mat-thewson, Mat-thewson, had never bcu summoned at all; and for these and other reasons set forth, asked that the indictment be quashed. The plea was submit led without argument. The Court overruled the plea, sustaining sus-taining in advance the demurrer which the prosecuting attorney intimated ho Would interpose. , Exception was taken to the ruling i of Court by the defense. Majoy Hempstead, l'or the defense, ! said, "If your honor please, having I disposed of the pica in abatement, we have now to interpose a motion to quash the indictment." The motion was read, and ihe prosecution pro-secution desired to know if the defense wished to argue it,which was answered in the affirmative, when the prosecution prosecu-tion announced they were ready to proceed with the argument. Major Hempstead led off in support of tho motion. Briefly slated his poskiouwas: that in prosecutions for felony while an indictment may con-taiu con-taiu several separate counts bearing on ' the same alleged felonious transaction that the prosecution might be enabled to meet the cxigenoies of sustaining the charge, to include within one indictment several felonious transactions transac-tions was calculaccd to confuse the parly against whom the indiclmentwas found, and infringed upon the rights of justice guaranteed by law to an indicted in-dicted parly; and that it was at the discretion of the court to quash the indictment or order the prosecution to t I elect some one alleged felonious act for ' which the defendant was to be tried. This he held was at tho discretion of the court, but it was a legal discretion well-defined and clearly set forLh in the books. And in support of the position ihe cited a long array of authorities j bearing closely upon the argument and the ground lakcu iu support of the motion. The present indictment- he contended was manifestly one of those : of the character referred to, for it charged the dei'endant with a Vast I number of folonous acts, in that he is ! alleged to have been guilty of lascivi- ous cohabitation with sixteen different persons ranging over a period from the year 1S03 down to I he present time, leaving him without the knowledge knowl-edge of which charge he was required I to rebut, and hence manifestly unjust towards him. And for the reasons set forth, and in conformity with the authorities cited, he asked tho court to quash the indictment. At the close of tho able, logical and lucid argument of Major Hempstead ; the court adjourned until 10 o'clock this morning, when the prosecution will reply, and Mr. Filch will make tho closing rejoinder. Then tho motion will be submitted for the do cision of the court. |