Show AFFIRMED the supreme court decide against clark smith and yesterday mornings herold herald announces the action of the alie supreme court in the ilia three provo cases tito decision in n the unlawful cohabitation cases of georgo T pony ono one of the three provo cases appealed by booth sutherland and 1111 ellnor ner was read by judge zane all the points were found on d against mr pony tile the appellant the principal assignment of errors is that lh the verdict wits waa contrary to tile the evidence in that it was aas shown that the defendant ceased cohabiting with any person except his hia faful lanful wild wife and no acts of ills his toward either of his plural wives that imply cohabitation with either of them lias been proven or te testified stilled to the iho first part ot of tins this a assignment convoys the idea remarks remarks the court 1 1011 t jocularly that the tha d defendant e may bo be guilty in lart but that i it lio lie be not so ostensibly lie ha cannot b ho e legally convict ej ed it is 6 tile lie same bima th thought 0 u WIT ell has been frequently presented present e d to t the he district courts by polygamists asking how they can call act towards their polygamous wives and d riot not lay themselves liable to condic conviction for unlawful cohabitation with the tha 1 came propriety might a stealer ol of horses s asa ask k how ho be can net act in regard to other moria mens horses and not lay himself liable to conviction for larceny to so tell him that he bo must simply cease stealing would not be nt at all satisfactory to him to tell tho the poly poli ginnsz adist that to conviction for unlawful unla ful cohabitation lie roust must simply cease living livin with his polygamous wives tt h ca Is not at all satisfactory satis satisfactory factor y to him tito facts proven are not silk ahlo in any to cases asea ol of nor aro ore they aliko alike in any ant tv two 0 c cases ases of unlawful cohabitation each case c 1813 shows bows a a different state of facts fr from in tho the other rile polygamist Is ia deluded with the idea that if it one sat bat of facts bo be proven I 1 in one case as a similar set of facial mus must h ha e proven in in ever every other case and that without this there can be no conviction and they seem to think and assignment is bused based upon that IdeaL idea that hat they may live in violation of the law ii if they do a 83 secretly that the gi gist s t 0 of fh the he offense Is ia to ostensibly live in e r t h t then in any more preposterous an idea could 11 not ot be ba well ell conceived tho the evidence evid enco is then reviewed roi ewed and the decision given that it was sufficient clent to v warrant arrant the ilia verdict the she defendants course of conduct to his several families the opinion opinion state awas swits not different during the difino anno mentioned lit in the indictment to what it was ft as before the pact passage sage of the lamunda law lav the admission of evidence evid enca tu to show allow the relations of defendant and his wives before the time mentioned in the indictment Is ii ruled to be as aa it was waa introduced merely for purposes poses of illustration T the For a remarks make by judge son bon during the trial which appellant claimed prejudiced his hia case are hold held to have been proper when ahert considered with the whole charge and only such as tile cour court t might properly use in giving reasons for its rulings ruling there were numerous other points raised by a appellants pel lants couns elbut the alie court rules as against ast them all u uniformly in in a very wy extensive opinion opinion judge zane rendered the alio decision in the joseph dark clark case another of tile tho three provo appeals app enla concerning which a 3 good deal has been said defendant lived with frances 1 manees his plural wife the main question was whether cohabitation CO could uld be presumed to exist with sarah his hia first m wife ife tho court thought hought li the yer dit diet warranted by the evidence the visits made to sarah roust must be presumed to have been made in the character of it a husband seeing that the legal mir mar and the visits were not rebutted the admission of the defendant before a the jury that lie ho had married ni sarah and had never been divorced from her upheld the presumption stated elated by the court coexist to exist Co copious extracts on presumptive proofs were wera read front taylor Taylora and nl best showing allowing that stron strong of fact shift the burden buirden of el proof tho the relation ot of legal marriage until orizon orian a strong stron inference of 01 cohabitation because tint that italy holy union without it is a sham a mere semblance W without mat rini onial association asson alion the institution of marriage marria gB upon which the happiness and welfare of society so largely depend is a shorn of its to promote chastity and to exalt virtue girtue its ita absence from tile matrimonial union deprives the is family in aich rests upon it ot of tho the efficacy and infancy and manhood manlio od and declining in ago age of the domestic homo home that fountain of the purest affections from which flow the lest best inspirations that elevate art and d exalt humanity there is a strong resumption that man will discharge so eig high ii an obligation oblation the obligations of 0 marriage carnaga the court con it can not regard light and as of lut but little we vi eight lit m married rr d people 00 almost uniformly disch csc r a alio ti 0 duty illy of cohabitation unless it ft disagreement disagree ent occurs such as the evidence evidean in it tah H caso cage does not show allow judge zane read the decision in the ilia third of the provo cases aises that against james smith winch which involved many ol of the same questions ions of presumptive ro lo habitation as aa the ilia others the contil court held eld that it was no error to allow mr iff sit smiths it statement that thai wo we or they hey will ivill never give up polygamy referring to the to go to the jury anti and tho he other allegations of error were likewise overruled or dismissed its aa being with out importance import ince |