Show CROOKS IS LIBERATED had been sentenced to state prison for six years conviction WAS VAS ILLEGAL supreme ru preme court holds that the defendants fend fond ants pica of former acquittal was good effect of sustaining Sustain lne it ft demurrer to an information lower court directed to discharge crooks harr y barntt barnett pleads guilty to having passed n forged check tuft casl cases submitted t I 1 I 1 the supreme court handed flown down an opinion yesterday reversing the judgment i 0 if the fourth district court bt at provo in the case of 0 joseph E crooks convicted ot of procuring an n abortion on rachel davis and sentenced to fix years in the penitentiary the main point in the cue came was heth r or not the lh action ot of the lower court in in sustaining a demurrer to an information and discharging the lh defendant fen dant was a bar to another tion t lon for the same offense crooks had A a preliminary hearing before a committing magistrate and was held to the th district court later on information was hied against b him am charging him with having balling willfully and feloniously supplied to one on rachel daila Is a certain drug with intent to procure an abortion A demurrer to the information was sustained find and a fee ond end information was filed by leave 0 I 1 court the second information was also de munci to upon the ground that the facts acts alleged did not constitute a public ie aal that the information did not coffoini to the requirements of the statutes this demurrer was sustained by judge hatch and crooks ans as ordered discharged this was isas in october and in june 1617 a third information was lied charging the same offense Tenee ci and upon a trial he was waa convicted the jury y in a special verdict found that he M had not been once acquitted slid and discharged as pleaded by him the supreme court in ili passing upon the matter eava the ille defendants plea pla of former aei of the tame same opense chate in the information by tile the of the court sustaining the demurrer nud and ordering the defendant discharged without making an all order directing another information to be filed or that the cause be submitted to lo the grand brand jury was waa under the facts facia hown a sufficient clent plea of former acquittal ona it 11 bar to a prosecution under tinder the third information filed we ar art t f ahm th opinion that lat the ln in Ft ruction of tho the court to the jury to the effect that the judgment ot of the court in the demurrer le to the second information and the defendant thereon without an order directing another information t to bit be blied flied would not amount to en n ni al of the defendant on that inform information aaion and that the th jury should so 0 o ind and was error in conclusion the court ways it to la manifest that if a new trial he bu granted canted nan ted the record of 0 the th proceedings b below low erdlee would remain unchanged and a of acquittal upon a plea of nf it nc c would follow we therefore e direct that the cause be reman remanded remanda dm with instructions to lo the trial murt to vacate find and set net aside the verdict end judgment and to discharge the WRAY SEDUCTION CASE notion for a new trial argued B before judge cherry arguments up upon n the I 1 notion motion by the plaintiff for or a Is icv v trial in the fe reduction lue case of bula brair v va thomas thomaa kearns were nere heard by judge cherry Yeat yesterday erday lifter after aich the was nas taken bakon under advisement lit the motion wag nee based upon errors alleged to have been made hy by judge cherry in hla his to tile the brry in vile one ot of the instructs ins his honor chan charged ed the jury that the plaintiff it was a a required to show by it a preponderance of testimony that she waa s Hd deuced at the time alleged eto etc and alo that the he was of chaste relur fri u to may I 1 1898 1896 before she ehe could reco recover vr er special filreis wai laid upon this I 1 in by mr zane who aho conal concluded aided that it was error to require tho the u woman to 0 o produce a preponderance of evidence upon the qu stion of her ter chattily in another instruction bowe however ver judge cherry hid had instructed tho the jury r that but tho the law presumes umes in ill the alence absence of proof that she rhe was wan of 0 theme chabie C character barc and this presumption continued it until gitil overcome by proof of an ste character hara ter prior to tho the alleged sed uc tion I 1 mr air zane also took exceptions to the of seduction as mado made hy by the court judge cherry defined it as the act of ba haloff inar unlawful sexual n intercourse teri with a previously chaste unmarried female rem lie tinder the ace ut of 20 yer years by means of 0 deceit false falo promises flattery artifice or urgent imbor tunings based bad upon IL profession prote silon of attachment tach ment tor for tho the woman by which arr reluctance and scruples ate aie overcome nod and that the she was waa misled and deceived thereby mr zane contended on this point that the clause a profession of attachment tach ment tor for the woman by which her reluctance and scruples were overcome related back to and was ma connected with the deceit talfe false prom laes 1 flattery artifice and urgent inam and that the jury was led to be have that a verdict for the plaintiff could not be had unless unions it was as bbott I 1 that a profession ot of attachment was vas made I 1 mr zane further tu took exceptions to 1 I that portion of 0 the charce which read or it she had bonsen contented t to a an act of intercourse for hire or uie the promise I 1 of other othel property then the law i would w afford no relief and the plaintiff I 1 could not nol recover in the earns case audre carry overruled 0 the motion to strike lut the cost mil bill and allowed tt FL motion to amend lie rost bill lie he also allowed ive day days for the filing of 0 a motion by the riale I 1 fill to tax tho the coats 41 MARNE TT PLEADS GUILTY I 1 I 1 p admits having passed a forged I 1 1 check another charge harry barnett was arraigned 1 tore fore judge yesterday on oil an anfor Ina tilon charting charging him with bilth paying I 1 ia a orbed forged on the deseret i illonal i al lonal bank on november 29 the check ct lt w was tor for and d signed T I 1 i shide M erka S co find n as cached by 1 willard wallard bishop D barnett arnett pleaded polity and will be sentenced next saturday he also arraigned on u a second I 1 I 1 information charging him with having f i cashed h cl a foiled evl check for 12 on B F N 1 judd on nos november ember 27 1837 to this charge he asked tor for time to plead find and vs given until saturday the check ws w drawn dramn on Mc mccurmick McCurn Curnick lck A t 0 ond end ostensibly signed by II 11 shide tufts cases case submitted judatz V nill rrell listened to lo 1 I ete iday la irk the case ot of li it NO ton on v vs 9 jennie tufts rt al which ats I 1 a companion suit to the action salon ot of jennie al c auns tuns n eleanor B I 1 aka chich ciui as heard beffie him the precelina pre celing li day at the conclusion of the testimony in tho the second case cape both matters were together and taken under advisement irrigation foreclosure suit against tho the central utah land and irrigation company A fore closure suit lias has been begun in the united states circuit court by edward lewis et ct ai a vs the central utah land and irrigation company et althe complaint WA ret forth that the defendant issued mortgage bonds to the amount of 0 iW prior to de bember 1 and that a deed aeed ot of trust li list waa KM likewise anade to the inked states trust company of 0 new york all its ita fratich franchises lies property etc in i tillard county to mald bald compary company to secure feci ire the payment of 0 the these bonds and interest Inte reft it la Is further stated that edward bawl I awl t has supplanted the united states trust company as ai a i trustee and that the llo oilier parties plaintiff ore aro hoidel holl derp o of 0 the hie first mott mo teace guge bonds it Is alleged that tho the kropi arty Y I 1 nen inen ito stoned tied in the deed ot of trust Is 18 ot of chent value to lo the loin liance n A decree ot of foreclosure Is iq asked suit for or divorce emily r mily klein has haa filed an action for cr divorce against august B klein on the mund of habitual the hartlen were nere married in now kew york city in march 1681 and mrs lira klean corn plains that her husband has bee been n allty e of 0 habitual intemperance for mire n than two ears court notes W li banning et al have in attach attachment inions proceedings galbut the hie ru hu roka reka chemical and g company to cbill colleen 1135 1095 alleged to be due for advertising J cope cape co are r re ning J perkins t to 0 recover 2000 on prom snory notes A an n a attachment has aso also I been een issued charles charlea 71 I 1 lashbrook rish brook has haa filed nn an action against thomas weir in quirt t the title to certain area in confal t between behe re n t the he upper ten and the 11 mini 9 claims in the we wet vet t Aloun mountain tain district damages damares ot of 50 ire are also alao prayed john richer riche Is suing li G hardy et el al to collect alms on a tory p note e te judge cherry resumed hn pere p tory doiy call ot of the law and motion docket yesterday and made a large number of 0 on demurrer demurrers de murren and motions in the case of J 13 darmer r vs 0 F dutton judgment was rendered in favor of the plaintiff yesterday for by y judge norrell |