Show FIRST DISTRICT COURT another stubborn witness goes to the pen THOS HARDING FOUND guiett OE THE USUAL CHARGE william clyde acquitted on account of insufficient evidence on friday evening the grand larceny case against manon draper was ej a verdict of jn being returned oy tle jun on saturday the following cases were set for trial MONDAY PER united states vs elmer taylor unlawful habitation united J traylor lor fornication united states vs david udall unlawful MONDAY knitel states vs jesse gardner un lawful cohabitation united states sLed ru loveridge unlawful cohabitation united states vs henry G bovle unlawful cohabitation united states VB arabella boyle fornication ni united states vs joseph S jones unlawful cohabitation TUESDAY MARCH united states vs marintha loveridge perjury people vs david broadhead perjury WEDNESDAY maeci people is wortlie nash grand larceny united states vs george storrs unlawful cohabitation united states vs J J walser unlawful cohabitation THURSDAY united states vs arebella Ar eballa mckinly fornication united states vs henra G boyle adultery united states vs phaebe hollands fornication united states vs jacob unlawful cohabitation the cases against dennis oconnor and T D sullivan implicated in the gintic tintic lunching lynching lyn ching case were passed for the present the caad of the people va joseph S bagley indicted for resisting an officer was called for trial bufa tho defendant was not present and his recognizance was forfeited A bench warrant was ordered issued for the arrest of the defendant fen dant L B best wag sworn as bailiff united states vs thomas harding unlawful cohabitation this case was to have been argued 04 a demurrer to the complaint but the counsel for the defendant john B milner had departed for salt lake city to hear the discussions cus hi the legislature on the division of the first district and the court ordered that the demurrer be overruled and the case set for trial on monday W P bennett was sworn as bailiff the united states vs alexander hill indicted for adultery an application having heretofore been made by judge powers for the release of the defendant from the penitentiary on his own recognizance and assistant district attorney evans consenting the defendant was ordered released the cases that have been set on the calender for thursday and friday of next week were reset for monday march ath as judge henderson will bo in salt lake city attending the supreme court sessions on those days court adjourned until saturday evening when a demurrer was argued the following names were drawn from the box as additional petit jurors venire returnable on monday march ath at 10 samuel horricks ogden james horricks sr ogden 92 walter P nepon 34 alma brown provo L dark ogden john knighton gunnison 74 edward south auck lent J C armstrong ogden PhillipH oS buyer jpseph clayton ogden peter A arditi ogden 86 joseph C bryan abhi W V helfrich ogden kel C brimm aden william land ogden anday morning court opened and aimed business i the case of oscar alund divorce aras granted and it ordered that the defendant pay ony i the case of the united states vs a harris commit aur from the sup s court was produced and it was red that the defendant be committed sentence passed last term to take t namely thirty days imprison t in the penitentiary and 50 fine i the case of the people against eph bagley misdemeanor whose ds were declared forfeited on satur laaff put in an appearance this morning and asked to withdraw his plea for the purpose of interposing a demurrer granted the case of the united states vs wm gallop was continued for the term the grand jury came into court and reported 16 indictments 13 under the laws of the united State sand 3 ander the laws of the territory the grand jury ignored alie following U S against george mayson U S against willia m greenwood defendants were discharged and then bonds exonerated the case of the united states vs william clyde was called up for trial 0 hiles prosecuted and W N dusenberry and geo sutherland defended A jury was called and S P ewing on being examined stated that he had never had any revelation as to whether polygamy was right and did not know whether or not it was revelation from god Q do you believe on your oath eliat it b a spurious revelation 1 cannot pay sometimes I 1 think it is Q at aliat time have you thought it spurious Bp urious A since the passage of the laws challenged by the prosecution for caunce objected to to defense if the law was out of the question F would think alio law against polygamy would be morally wrong to court I 1 think that if everything was nov as it was years ago it would be wrong for polygamy to be practiced challenge allowed by the court except to oy the defense william park G jordan and W cra aaa were excused for cause following are the names of the jurors sworn to try the case charles footes K roberts hone A dewitta herrick J B richmond D C sagers E J hall geo mcken ssie A eastman R L kinnison and A B bowman mrs sarah clyde testified fied eliat she one time thought she was a wife of the defendant but since the iia of the edmunds law she supposed was married in and have had ten children by alie defendant knew airs eliza clyde she was defendants we him in 1885 lived in the same house I 1 in for ten years defendant has not lived with roe bearo he haa lived wholly with hief first wife the reason of our living separate was the consequence ot agreement between w after the passage an of the edmunda law he does not to the bouse to see very often go works ath him on one of roy boys the farm Pelen dant has not eaten acala aty bouso since tho made ft W the agreement was Jont tho time of thedac 91 abat wa eaid n VZ Q 3 ff 3 tie was at my house several times giving some orders to my boy in reference to the work on the farm I 1 receive my support from the proceeds of the farm mr hiles stated that this was all the testimony he had to offer in the case and he thought the government could not make out a case tiie court thereupon instructed the jury to return a verdict of not which was accordingly done and defendant was released the case of the united states vs thomas harding was next called up 0 hiles for the prosecution and J B milner and W N dusenberry Dusen herry for the defense ane jury in the clyde case were accepted to try this cause alo at the reassembling of court in tho afternoon elmer taylor appeared for arraignment on the charge of unlawful cohabitation he plead guilty and sentence was set for march ath peter belsen was arraigned on the charge of unlawful cohabitation and plead guilta mr stated that defendant had voluntarily surrendered himself and given in a statement to the arand jury in which he had promised to obey the luciw in the future counsel asked that sentence be suspended the sentence was postponed until march ath lars franzen was arraigned on the charge of bigami mr A G sutherland for defendant asked that time be given till wednesday to plead the U S case against F C boyer was continued for the term the harding case was resumed airs lydia davis harding was called as the first witness she knew sarah hardag she was first wife and witness was second wie have four children the youngest was five years old last isolem ber the family moved to prove four years ago sarah and witness had lived in the same house bince they moved here with defendant the family numbered seven we have so lived since 1885 defendant generally came home from salt lake on holidays when he is at home we all cat at the same table cross examined sarah and I 1 lived in separate rooms defendant when he came home occupied apartments with sarah he did not come to my rooms when the edmunds bill passed we agreed to live apart Q have you not refused mr harding access ta your room Objected to by prosecution objection sustained during the last four years mr harding baa never eaten in my part of the house never at any time during period has he recognized me as a either publicly or privately mr und ass mss harding eat in the front room I 1 and my children in the kitchen when I 1 have eaten with them it has been on mrs hardings invitation my relations there have been more of the character of a servant than a wife and this has been purely my choice this commenced fourbears four years ago redirect re direct mrs harding provides for the household 1 miss margaret harding am fourteen years old the witness just on the stand is my mother and defendant is my father saw my father at home last christmas we all eat together in the front room miss sarah harding mrs lydia harding and defendant are my parents father comes home on holidays sometimes when he is in provo he stays at our bouse dont remember my father being here and functioning off goods the prosecution rested defendant took the stand he said lydia bad sustained the relation of wife with him until five years ago she said she preferred from that time to live apart consequently it was arranged that my first wife and the family should live together in provo and he lived in salt lake where he was employed Have not held her out as a wife since nor has she claimed me aso husband have lur dished the supplies to the first wife have not directly furnished lydia with anything for her is known m the family and among my friends simply as lydda and not otherwise as far as 1 know have your circumstances been i such i that you could not furnish maintenance for your first wife and family in any other than the manner you have duj ash ed such maintenance objected to objection sustained cross examined she was my wife but that relation has ceased she may be a servant in my house for all I 1 know I 1 am not there 80 that I 1 can tell the defense rested and mr hiles made a brief opening argument mr milner followed for the defense the court charged the jury who retired and in a few minutes afterwards brought in a verdict of guilty the grand jury came into court at 4 and mr evans stated that the grand jarv bad under investigation the charge of unlawful cohabitation against lorenzo argyle the witness who accompanied compa nied the grand jury ato coi cave her name as elizabeth ann brown and was the alleged plural wife of ar gyle she had refused to state the age of her youngest child and the name of her I 1 husband the court asked the witness if she would answer the questions quest sons but she answered that she would rather not though she was not particular about answering the first question at the same time she said she would like to know whether they could comp l her to answer or not and the court replied that they could not do that but if she persisted in her refusal she would be committed to the penitentiary for contempt witness baid again eliat she did not mind stating the age or name of her child we called her ethel sometimes ethel henderson after your honor laughter the court alien peremptorily turned to sir evans and said see that an order is entered at once for the committal of this woman to the penitentiary and ordered that she be taken up to salt lake tomorrow to morrow the grand jury filed out of the court room followed by the witness turning to the judge said good bye and then left in the custody of a bailiff mr moved to quash the indictment joa baeley for the bearon that it failed to sufficiently describe the offense it was alleged defendant was attempting to commit both sides argued on ane motion and the court took the matter under advisement court then adjourned until this morning this morning the case of the IT 8 vs david broadhead was continued for e term the demurrer in the joseph bagley caise was overruled of manti was called up he plead guilty to the indictment charging him with unlawful cohabitation the case of J P K johnson lawful was continued until later in the term the case of the united states vs geo fernsworth waa called up for trial the following were called and to serve i aaron de witt S K roberts oscar E S kia 0 jordan D C sagers A her VV bringhurst 0 A larsen and E J hall hiis mary farnsworth was sworn as the first witness she testified that she was a married woman and married defendant 28 vears ago susannah rams worth is his first wife have eight children the youngest nearly eleven years mv house is three busan susannah and I 1 have not lived together bior twenty jears defendant has not stayed with me since a year ago last january ho stopped at nay house pirt p of the time with me in 1885 and defendant supports my household both sides rested and mr hues and mr sutherland briefly argued the case the latter maintaining that there had not been an atom of proof offered by the government to enow that the charge al iegel n the indictment had been sustained they had failed to prove that defendant continued the relation during the period that had been entered into twenty eight yeara prior after the judged charge the jury reared returning twenty aaen w ute later with a verdict of guilty sentence was set lor march in the case of the united states against james latimer mr hiles asked that the case go over till march sa he could not go on with case at present because of the failure of the to subpoena an important witness an order to that affect was made with the the missing witness were not fondd in the meantime the case go over till next term the case of the united states against davin udall mr milner offered a de the same as ne offered in the case alie de was overruled anil exception taken court took recess until 2 0 clock |