Show DISTRICT COURT NOTES notion motion for now new trials ably argued I 1 by milner ud and Thur thurman mall th the e 01 dark ar li case again on oa trial on friday afternoon tie the LT S case cae against joseph claira convicted convicts d of un la lawful w tot cohabitation came up again for argument on a motion for or a new tri trial a 1 thur churman man u and nd booth argue argued 1 I in favor anil and assistant LT b S attorney hiles ag against a 1 the motion iodice nat lee wai e bhat notion motion to bet asido aside injunction in tho ilia case cane of Ite ubell T miller let vs vi hiram would bo be entered and argued the ilie matter vill ill I 1 be ba argued some day tills this week george thompson indicted for or art assault with ith intent to commit a rape was its brought into court on I 1 afternoon arraigned end and plead not guilty on saturday tho the clail bond heretofore hoa riven given batore U b S cr sic ile ka kay in tho case of the li T U SIf van was on motion of mr kirk patric patrick k exita exonerated abated anti and tho the defendant placed in the custody of tha ilia U S mar until another ball bail bond b ba 8 ill elul e M wo vi as a immediately done and defendant re leased in the case of benj ben bachman climan Ba vs edward 1 friel I 1 nel demurrer to amended aanen led corn com plaint was waa argued by Aless rs A G sutherland jr and S S thurman for and john E booth esq 1 sq tor for defendant efen dant tile tho matter was waa taken int biti der advisement by the court yesterday on tho the opening ot of court being no prosecuting officer pris ent eat arguments I 1 in n the cases of 0 james smith and goorge georgia f r convicted of unlawful cohabitation mil and in ill favo aoi of motion for new trials were vi ere postponed until the afternoon henry saunders deis charged with atti unlit W ili ful I 1 cohabitation appearing in c ourt court to receive sentence ilia his honor bonor announced that after consideration lie he it had ad conclude oil cd to suspend spend flu sentence iii and nd defendant was nas released reli ased john 1 P n I 1 C e ll 11 bams also 0 appearing i for 0 r s een e n ap alar fencee 0 on t tho h e i bamo 0 kind in 0 n charge h a r ge was fined 73 in the divorce case of jane bate vs VB herbert bate W N dusenberry appearing pearl ng for plaintiff and no orld ona up appear p a r ing for defendant ty testimony wa waa 8 t taken k e an and d the case suba submitted for d cc in defont etwas it was ordered that defendant abo abe chalmers Cli almers convicted of battery at this term bo be given until may lath to file bill tit tf exceptions the court granted a new trial in the case 0 the united states s joseph dark clark u unlawful cohabitation T tho lie new trial was waa tet set for today to day A venire for twelve jurors uror was pi pr ordered dered I 1 returnable today to day the hie motion for ft a now new trial of mhd case 11 gagnat james smith lor for unlawful fal cohabitation came up for v yes berday ostern afternoon n mr 8 K R thurman thurban the nor argument in ill favor layar of the motion ili said the verdict was wag contrary arary to tho the law and the evidence that tha tile the ruling of the court in two or three three instance mati nees si and ono one or two points in the charge were A ere not in accordance with the laft Ther chad been no evi evidence lence to show that defendant had lived with other oilier than the alleged second wife the second wife had testified that defendant had lived in ed continuously with her du during rl I 1 ng the period set forth in in the indict indictment m eat it was true a man named carter had testified to a conversation he ha tied had had vuth defendant in which tho ilia latter na as sei at a a clor certain tain time lie he say when that lie ho had two wives and he t care who knew it tile the supreme coui chui t had set act down the rulo rale that a n nl mian n ha aning ing a plurality of 0 wives Is ia a bigamist and polygamist counsel contended that lit in the absence of proof to show that his client had with more than one woman the preponderance of the evidence evide ncr on the other hand going to had not so go lived vina ivas reason sufficient for ohp motion being allowed tile evidence throughout viah the exception perhaps of that ot carter carteros ls was wholly against the dafena ant having cohabited with more than one woman the jhb testimony of deputy marshall marshal redfield was nas also alao grolln groin if tor for complaint tina this persons testimony flab purely ir arid and showed personal animus ilia his testimony referred to a discussion discus aion on tho the subject of 0 polygamy and tile the opinions and rulings of courts and in no i niso iso related r el a te d t to 0 1 defendants I e len d an t s condition it w was a s p permitted e r mit t c 1 I t to 0 b ba e i introduced r i trod against tile protest of tho the defense andaas and vias calculated to iudice ill tho it jury iry in blew bew of 0 the fact that alia juries A im paneled ancia to try this class 0 cases were politically I 1 op opposed ased to the defendants on ill trial ian and easily prejudiced by such kind 0 I 1 irrelevant te testimony stimon counsel took exception to tile tho charm of 0 the life court fl herein it undertook to instruct the jury J y that the law aimed it t I 1 the wronging wron wrongful giNa ex X ample wid appearance ce of 0 guilia guilt also to the instruction of f tie hie court ourt that it if tile the defendant had done any of the pie acts that usually characterize tile the relations of husband andu and nife lie then he be would be guilty under the charge counsel claimed that under such buch instruction the jury would he be justified in finding against defendant for simply and only contributing contile to tile the support of one ho was isas nicra morally lcy and justly required to caro for this a act t being otte one of tin tha area that usually characterize the relations of till hut band and wile wife mr thurman ill thought light in view of these facts fact and others lie ho directed his hia honors attention to that a now new trial in this thia case should be granted tits tin matter was waa taken under advise moat J argued in favoron favor of a new trial in the case of goorgen Goor laore geT r bety pey convicted of unlawful lawful cohabitation lie said that ilia his client had waa I 1 tried under theia the ard 3rd section lif ot of tho e 1 J it lawa sli 1 l av 4 lladha I 1 in J 6 n ba ith Q ta tho ain ilij IV in tent leaf of ill ili view of that construction waa as it not consistent to con section 3 8 also by subsequent sections of alib net etwas it was provided hia in a subsequent section that a cert certain airs condition was reason for it menthes menth dent his ls past acts were nu no for fo pun sh it was waa simply ilia ida condition oat precluded him from the exercise of certain congress found a certain relation exi existing stin here and declared twit hint is all it persons persona maintaining that coridi condition should be dis franchised Ile ferring to the tha evidence in tho caso case he found it stated that a boy 12 or 14 years old was wa asked T vt hen lie was born the file admission of tills this testimony was objected to in counsels counsel opinion the court erred in admitting the testimony the court explained that it was pertinent to show what the relation were between that boys lather father and mother before the date of the charge barge the design as it was waa aftem afterwards ards seen been was waa to show nets oce tiring before ill the period named in the indictment as aa well its as the relations of the named thesa otes therein from the reel recital of those acts the jury iury drew their conclusions and iro r dably their verdict counsel cont contend endi d that the prosecution rolie cution had bad no right to KO go back of talo too indictment for proof of any acts act except the relation of the parties D e Is i entitled t to the presumption leian 0 of innocence no cence jt it wits was is presumption that tho moment tho the president signed the edmunds law tills defendant had bad ship td ed ilia hia life and conduct accordingly in n other words concluded to obey that thai faw lw it was waa s fact that the act of polygamy ilia bad teen been condoned by tho the statute ot of li limitation mitat ion and that was a pres presumption ati a 1 also I w eliuh hect defendant should I 1 hae am a tile the benefit of there had been no evident e ft hate ever to show that defend defendant int had cohabited mith tits lila plural wife lie whish fact taken into consideration with the presumption oth innocence should bb brounda to warrent tho krant ranting of a new trial the testimony iv was entire entirely y a 11 t with innocence all anil id entirely latent with guilt built arece areces A recess s was vias taken until 7 when hen Mr Milner resumed ins ills argument lie ha taid aid it could not be ba that it was wao tile the intention of 0 congress that all pe persona bl ba junis punished lied who ft ho were in that relation go to the act ithell to ascertain vh atthe purpose was the tha provision granting pr amnesty the purpose of Uon Con grena at this term of court nineteen had viii been cen charged ith the offense offence ol 01 unlawful cohabitation fifteen of them hail had the remaining ru hid had it 11 jury to decide vi nether hether or not their acts vi berer deserving of punishment mr proceeded to re refer fer the bout t to certain points point in the charge ti it jurt jur ahl hili vh counsel in in his hia re and tended to bislew rois leai tho the jury tot ilin mini the tha court over viled thi th fair it new naw iritts in la in the paines ti J enoth and 0 geo o rv 1 oay aki mr r 13 ile v that a fron dr bad been received by I 1 him 1 li ahl 11 li ii li it gals stated that ht mr alfro p E win peili 0 I 1 iru ul u tw l hlll ill and ail unable to 0 o attend as i wil clincia fless lit in i its case of ill S Vs i 1 lie imbed that the i be CUD coil tinned fr fir llie total teim the taw arial in the iho caa awa ot at cepi C oart batir wk w lva ballod A venire for ja jurors amr wa to lo ly liry the case on OD being called they ibey their alj mr iry boloK sorn s orn as i lonz lone isa there were chr n noie till in the tha box it ws biste miste milled I 1 a hura ero four n minira 1 in ill the box T the abet a court ber on r t alien t h n fote ril d arabs the e lour f u 1 t w 1 bond soil culled called thelia the a of the jour tir ire r mam mainini ing in the be box weri er the then called t ihrer answered the irose ecil cn tion wili theo then applied to 10 moh each n of tilt the fu 1 0 w ln g p parsed aa se d C chi b a e E N t 0 1 s t t ti ni ji s e aili js F ho t x t a N M 1 hinlein Hi iLein t L g in W W a 1 1 0 r k 8 at ai lle ih lidded LIdd rd roberl A 11 illet W A 11 hawn aws hud and 11 henryl on ry rin tilli ppe I 1 r T U Th juror 1 alio b b believed X 0 o ese 1 1 would could not cut IB be jurors to practice polygamy if there sa no law again atit was waa excused li by iha court exception taken by defesi oll joseph it F thompson W W WA A hall 11 II cappel 8 bl R A hill dilill and T Li diliard were wera edeus Z od J bohney knew nothing of the llie case cabo and piL Ased SA formed an all unqualified opinion and win was excused the two remaining in the jury box and bouncy were accepted on and d coln ten moro more jurors were called called and ex aminov in bled of this number one was excused for cause two were peremptorily jihn hal ledged leaving nine posy in the box who were ware sworn three earo anore were called and examined thil the panel had not been am completed when we wa went I 1 to press |