| Show GRANTED IN THE CASE hines of selling ali inor illicitly saturday morning the case of the pd stales vs mrs fannie whiting brought on for trial the ane defendant with perjury iu having stated before the grand jury thai within a certain stated period lucia whiting hair husband whose case foi adultery was under investigation she had not associated with him in the relation of a wife mr D evans prosecute dand churman rh urman sutherland and cing defend dd john E gilld wa the first witness sailed by the pi execution he testified that lie was U b and was inting in that capacity in october last He the case of the U S against lucius whiting being before him fanny whiting was a witness she had testified that she had lived aau cohabited with mr whiting from alie time he had been indicted up to within two weeks of the time he went to the penitentiary just as she biad done before the indictment was found to mr thurman mr geo sutherland was attorney for the defendant at the time and cros examined her in response to mr Sut herlands question to her whether she did not mean that she had lived and cohabited with her husband up to two or three weeks prior to his abresi arresi witness did not remember her answering yes witness remembered that counsel argued the proposition after the testimony was taken remembered the record being brought in to determine the date of the indictment not the arrest W L dykes testified that he was on the grand jury in september 1888 he remembered fanny whiting saying that their relations of husband and wile had continued up to about two weeks before mr whiting went to the pen to mr evana did not remember testimony the of any of the other witnesses as well he did this there were twenty or thirty witnesses examined that day had no feelings against mr whiting it was true he had been after him before that to arrest him dont remember fanny writings whitings tings elac testimony only the substance there were half a dozen kotlier cases witnesses for which ho had been after he remember the testimony in any of them as well as he could this particular one henry W davis a third grand juror testified that as far as he recollected fanny whiting testified that her husband slept in tho granary mrs anna mary whiting the first wife of lucius whiting testified that fanny was the second wife dannys giouse is half a block from hers tho two houses were on mr writings whitings tings farm since he came out of the penitentiary he had lived in the granary to mr thurman he boarded with me and lived away nights he had a farm in the canyon after he was arrested he stayed with me at nights before the arrest ajr whiting had been keeping out of the way ho lived en with me after liis arrest except such times as he was in the canyon jesse J knight another of the grand jury who examined the case of buciu adultery said had testified that mr whiting had lived it was either two months or two weeks with her before his indictment for unlawful cohabitation upon motion of the attorneys for ales autrie and jerry a new trial was granted for the reason that the court erred in his charge to the jury ibe attorneys lor the defendants at the trial submitted an instruction to the court in regard to the law as bearing upon the character cf charged with the commission of an offense and requested the court to give tho instruct don as the law his honor refused so to do and omitted giving any instruction to the jury upon the question d character his honor granting tho new trial stated that it was upon this ground ana not upon an insufficiency of evidence that a new trial was granted september 30 was tho day set for the trial sentence in the case of E A billington was set for saturday march john jacobs who had plead guilty to unlawful cohabitation came forward for sentence ho stated he was ca years old and lived in lelii his youngest child by the plural wife is a old he was charged also adultery with his plural wife since hid arrest he had lived entirely with his first wife the court sentenced him to ten months on both charges mr bushman for unlawful cohabitation was sentenced to ninety days and costs wm ball also for unlawful cohabitation was given eighty days and cost isaac fox stated he was 71 years old he was indict edjor unlawful cohabitation his youngest child was 9 years old mr evans stated that this defendant had totally abandoned liis first wife and lived wholly with his second at whose house ha was arrested defendant denied the statement of mr devaus he had provided and looked after her in her sickness the court sentenced him to thirty five days and the costs william gurney indicted for unlawful cohabitation came forward ho had not lived with his plural wife for two years he was sentenced to 85 days and the coats john hart who had been indicted for adultery next came forward mr evans remarked that this defendant had been convicted before of unlawful cohabitation and had promised the court to obey the law in the future he had violated his promise and was convicted of adultery the court sentenced him to eighteen montha william hutchins camo forward having been indicted for he said hia youngest child was 13 days old he was sentenced to cloven months and costs michael vaughan said ho was OG vears old chiq youngest child is G months old iio was indicted for adultery the court sentenced him to nine months mons anderson indicted for adultery came forward lie was given twelve months and costs john W gardner who had been convicted of adultery next came forward mr thurman said in this case ho had filed a motion for a new trial the coart sentenced defendant to dagg pending appeal bail was fixed it niels aagaard came forward mr sutherland that it could be brov en that defendant had not lived with hiis plural wife for more than two years ago he read a statement from the defendant forth facts in relation to his manner of livin and the condition of his health the court sentenced defendant to 50 days and the costs silas jackson indicted for unlawful cohabitation came forward he said through his attorney that he would obey the law in tho future his wife had been a sufferer from paralysis and it required him to give his attention to her he would in c only with his first difo in the future defendant was told to go biome and stand by his promise stephen mott indicted for unlawful cohabitation camo forward he married his third and last wife before he was now living with his airet wife when ho was arrested he lived with none of his wives the second and third wives were now living in a house by themselves when ho was arrested they all lived together defendant was given 75 days and tha costs charles baker aliah tex came up for sentence mr killogg his attorney stated that his client was an ignorant man and he really did not intend to deprive the owner of bis hor seand the attorney asked the court to be lenient the court stated that he evidently knew the defendant better ahm the attorney did the defendant had been sentenced before for stealing and here he waa back again the defendant was given twenty five months the trial of mrs fanny whiting was then resumed K A hills jr testified he was a betit juror who tried the whiting tini case whiting testified that blie lud nol lived with her husband for two months before he went to the pen to mr thurman I 1 think she did that if she testified otherwise before the grand jury she was in error the ithe i prosecution rested mr thurman asked the court to instruct the jury to acquit alie defendant on the baund of insufficiency of the evidence the court overruled the motion tho defense then proceeded to call their witnesses the first was lucius whiting tini he testified that lie was tried last fall for adultery had been married to the defendant did not live with defendant up to two months from the time he went to the pen before his arrest he had slept anywhere but at home he was trying to keep out of the way after bis arrest he lived with his first eife did not live with months to his to mr ayans I 1 ceased living with fanny baior I 1 was arrested have not visited her at her house since I 1 was arrested I 1 now live in a room by myself about yards from my second cifes house had had no trouble with my second wife george Sr therland testified that he was before lie commissioner at the time of the examination fanny whiting stated then to mr evans that for awu or three weeks before the finding of I 1 lie indictment she had not lived with mr whiting mr evans went av ay into the grand jury room while I 1 cross examined her and I 1 asked iier if she did not mean two or three weeks prior to his arrest and she answered that that was what she meant both sides resting mr evans addressed the jury followed by counsel for the defense yesterday morning the court charged the jury in the whiting perjury case after which the jury retired mr thurman made application in behalf of samuel pay for admission to the bar thurman evans and were appointed a committee to esa roine the applicants qualifications the case of spanish fork city against J on appeal was heard by the court the prosecution alleged that defendant had violated tho city ordinance of spanish fork city in selling sewing machines within the limits of that city without paying a license as required under the ordinance the defense showed that the defendant was merely acting as a salesman and agent for the provo book and stationery co who supplied machines to various parts of the county and who were paying a license in provo for the transaction of business that the defendant received orders and forwarded them to alie company to be filled the payment bearg made direct to the company by the purchaser the case was taken under advisement by the court the trial of worthy nash charged with battery on the person of one the odore bateman began a little before noon peters and thurman prosecuted and judge WN dusenberry defended after the em paneling of the jury and reading of the indictment the witnesses for the prosecution gave their testimony the verdict rendered was reduced to that of an assault the case of lie united states vs william grant for adultery with liis plural wife next came on for trial alie i trial occupied but about half an hour i and the verdict rendered was guilty aa charged in the indictment time for sentence waa set for april the jury in the whiting perjury case returned a verdict of not guilty and the dependant de was discharged jens jorgensen indicted on two chaides unlawful cohabitation and adultery was arraigned and took until today to day to plead mrs kirstie jorgensen was arraigned on the charge of fornication with her husband and took until today to day to plead the case of alie united states vs henry mower was continued for alie term ane case of the united states vs jens jorgensen Jor geneen unlawful cohabitation was on motion of mr peters dismissed the case of the united states vs mrs rose grant charged with fornication with her husband william grant was called up for trial the following are the names of the jurors sworn to try the case jas gaddie R A hills jr W J andrews john crozier C J abbott win carter jas mcpherson ssamuel curtis A A koon M fuller and T Liddia nl william grant was the first witness called his cifes name ig harriet grant he married her 29 years ago have known defendant since she was an infant in 1887 she lived about yards from hia firest rffie married hia plural wile fourteen years ago have nine children by her ceased cohart ing with her when the edmunds law was passed her youngest child a year old is big did not deny having luter course ath samuel francis testified that the defendant was his sifter she was at wit hesss house in august win grant and bis wife harriet stayed at his house they remained over night his aisters hi youngest child is about eleven months old mrs emma francis wife of the previous witness made a similar statement the defense made no cross examine tion nor any testimony the i case was submitted to the jury without argument and after the judges charge alie jury retired they returned in a few minutes with a verdict of guilty as charged the court told her to go home and return into court on sept sylvester bradford came forward and changed bis aloa from not guilty to guilty alie offense with he was charged is unlawful cohabitation the case of the united states vs pleasant S bradford was next called up for trial mr peters stated that the most important witness in the case was not present and it would be impossible for the prosecution to go to trial at present an attachment had been issued I 1 for the of the witness the court alien ordered that the case go over till thy next term alie plural wife of sylvester bradford was brought into court on an attachment which had been issued about a auar ago since which time and up to a choit lime ago the officers could not find her she was ordered to pay the coats of the attachment and service of the marshal A bill of 34 costs was presented by alie clerk there was some kicking over this enormous charge the distance from provo to th place service was made being only 12 ailee there was one item for a hosae alie court ordered struck nut remarking there was no posse wanted to catch a woman the biej was reduced to 18 A demurrer in the case of the people vs bolm bennett was argued by mr and sustained by the court the case then went over this morning at the opening of court jens jorgensen inked for adultery come forward to plead he entered a plea of not guilty the case was set for trial on thursday mrs kirstie jorgensen indicted for fornication with her husband plead not guilty trial set for the the of samuel page for admission to the bar waa granted on mo thurman who stated that the examination of the committee appointed by the court had proven quite satisfactory mr page then stepped forward and the usual oath the case of provo city vs US hines was up for trial the defendant is charged with selling the green toys 25 cenis worth of whiskey in violation of the city ordinance this is the celebrated case known as the croton oil case which was tried last term and through a disagreement on the part of the jury was acet agin for trial this term there being so many of the jurors who had heard of the facts in the case it was some time before a jury could be obtained to try the case mr thurman conducted the case for the plaintiff and mr defended A statement of the facts in this case have already appeared in our columns and we presume our readers are familiar with them the testimony riven today to day was substantially the same as that given heretofore both in alie aldermans Alder mans court and the district court the case was given to the jury about 11 this morning after the hines jury retired the sim daggins case was called for trial duggins is of having sold liquor to frank van wagoner a minor in this city without the consent of his parent the same attorneys that conducted the hines case conducted this case during the giving of testimony the hines jury returned and tendered a verdict in favor of the defendant in the case of the people vs peter erickson defendant plead not guilty thos H winder charged with polygamy plead not guilty J B milner was appointed as his counsel |
