Show I 1 H r i it T P R 0 LK KD 0 G 8 three important motions ino liona have recently been argued arguel before tile court of 0 ilia first District involving quest question ioni of considerable sid erable moment to tile local situation in tile cuso case of tho united states vs joseph dark clark indicted for fill cohabitation a sir mr 8 it thurman moved for a new trial on the ground that tile verdict was contrary to the evidence that the court instructed tho the jury that thai the lle law sought bought to prohibit the appear mire as well as aa tile actual practice ul of polygamy that tile the jury were instructed upon a hypothetical case which therb t tas na no evidence tending lending to prove and lastly and ahat amt la Is of most Import importance ances they were instructed that if they found that tho the defendant fondant de had it a lawful 11 wife wife A living from whom lie he tied mil divorced then lived with another woman under an assumed marriage re relation lation it would ile he unlawful cohabitation s al though he ha did not virtually live with tin the lawful wife the arguments especially especial ay upon tile last proposition were Prof profound cund and exhaustive hau stive mr authorities presumption of innocence in at a criminal case its ree every other mere inere p presumption e eum and that tile presumption of cohabitation from marriage is lain ja tact fact no presumption at all and has no force or effrat as such buell in criminal case tile points 61 the argument were not answer edo not t even tin an attempt was made hiilei glowas was driven to ill the e ele elpe alney of announcing tho the monser doc wile trine thatis a man it at sometime married three wives and all of them and himself lived in the same aane ward ai 9 0 city as was shown in tills this came the ilia jury chull and ought to find him film guilty on a presumption that lie he having the di disposition ton an nd I 1 appo rt unity I 1 y the ille jury inight infer the ultimate fact act I 1 this was completely comp lately and effectually answer answered od by mr thurman in his closing argument slated that if such be the moaning meaning 0 of the hie law the only way in gods 00 Vs world that a defendant could have each escaped reddie alia penalties ia of tile law iffla tho was unfortunately situated as this dependant deen aci colant dant wad was at the time the law was waa passed have been to abandon abam Jora ins bits homa boin 3 andoleo and bee from the ilia connary con gitry such a monstrous interpretation of a n solemn ad act was unjust and unfair to the ilia congress of the united Q states its as well na as defendants in in till close of cases the motion for a new trial was granted and the case will m ill be ba retried today to d day lly tile the case of 0 the united Stat los va james smith unlawful t tation come up on motion lor for ft a new trial 11 mr r thurman consumed a large portion of the afternoon session in presenting tile the rounds grounds and reasons tor for his motion the case Is li similar in ill its main features to the dark clark case the different features crai rrai alleged contradictory admission of illegal evidence evl IvI denci dence and it a portion of the judges charge wherein where hille lie instructs the jury that icar clear and explicit proof of prior bets of cohabitation n that is acts prior to the period named in the in may bo be construed by them as a circumstance tending to show cohabitation willim the tha period tills this argument was not answered and and no attempt was made immediately after mr thurman coa closed I 1 his argument in the jamos james smith case cabe mr air J B milner commenced an argument on motion for it new trial in tile the case of 0 george T feay the main main points made were that congress did not intend to punish men because that when ho law was passed they lid iad a blui plurality aliby of wives but the al 91 offense nise con cluts sluts I 1 eta of acts a man in may ay iy do after the passage of the net bet that tho same ruled ralea of practice and evidence must apply in this class of cases as or aio a applicable to all uther cases tha file argument as vas able eloquent t and exhaustive and showed great care arid and deliberation on the part iier milner hiles biado no attempt to reply |