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Show Supreme Court. The chief justice and his associates were on the bench when the supreme court was opened yesterday morning. Tho case of Almy vs. Hoss was continued for the term by coupon I. The FlagstaiTS. M. Co. vs. T. N. II. Patrick et at, was docketed, and set for argument on Saturday morning. The people of the United States in the territory of Utah, respondents, t,t. John D. Lee, appellant; appeal from the Second district court. The argument argu-ment was opened by Mr. W. W. Bishop, attorney for Lee. The aliened al-iened errors upon which he asked a reversal of the judgmentjn the lower court, wore : The grand jury that indicted Leo waanot drawn and em-panneled em-panneled according to law, twenty , three men having been drawn instead of eighteen, the atatutorynumber; the records do not Bhow that the indictment indict-ment was lawfully presented by the grand jury in open court, nor filed in the presence of the jury; no order of the court was made to correct the record relating to the finding and presenting of the indictment until a ubsequont term of the court, when the court had no jurisdiction to change the record, etc; the statute under which the ind;ctinent was found having been repealed before the trial of the defendant, the repeal was a bar to the conviction; '.he verdict wa scontrary to the evidence, because there was not sufficient evidence introduced in-troduced on the trial aside from that of confessed accomplices to justify a conviction of defendant; "that the court erred in giving the charge and instructions to the jury, which were given on tbe court's own motion, that the eame tended to and did prejudice the jury agaiust the defendant; that tho same intimated the opinion and judgment of the court as to the character and sufficiency of the evidence in tbe case; that the same virtually took the consideration of the credibility of the witnesses from the jury, and prevented pre-vented the defendant from having a fair and impartial trial, as he wn by law entitled to have and receive." Choice selections from that memorable memor-able charge of Judge Boreman are set out in the brief, and assigned as errors. Mr. Bishop was very .brief in his arguments, both the opening and closing. Judge Tilford, for the prosecution, made a lengthy and able argument. The testimony brought out on tbe trial was read and Dial: ict Attorney Howard spoke briefly. The case was taken under advisement, advise-ment, and court adjourned ti'I this morning, at 10 o'clock, when the case of the people vs. Idaho Bill will be argued. |