Show COURT acquitted brought in by the grand jury J IL anle pleads other business yesterday afternoon the kendall case was in progress aa we went to press heber dark on the stand to mr booth 1 bad the billiard CUB detill in my hand A number of quee tiona wore by mr booth were objected to and objection was sustained barley driggs testified substantially as did tho other witnesses what drew my attention be eaid waa the coias of the blow on clarks Ll Arks head did not aa the abloff struck but saw the pick ban die in hs baud clark wad taken to rogers store keudell was standing on the east side of the store and clark on the west to mr booth we were playing a game of pool did not har clark say anything lly rum dearton took the stand thit had an au action of the speech which rendered hia speech almost telli eible he presented a paper containing a written statement buc the court required him to answer the coun bela interrogations as best he could vitnest said he would not aneser the court oh I 1 think you will witness well now I 1 wont court if you dont answer the questions I 1 will sund you to jail mr BAiliff callin after some Heying tha was finally excused by the counsel for the prosecution and he went back to hia beat dr rogers was called as an expert to as 10 the effect of a blow on the hoad squarely equa rely directed lie said such a blow was likely 10 produce serious results mr booth there were no enrioue results io the case were there doctor not very prosecution rested took the stand he said I 1 waa in pearsons baloon he said lend me a dollar and 1 answered that 1 any lie eaid you ar a G d d d liar with that 1 raised a baick and struck him over the head at the time alark had a billiard cue in hia baud and I 1 ho would have lit me if I 1 haan hadn t struck first to mr king havu lived in pleasant grove over a year had not been drinking the pick handle was lying at my feet 1 did not say afterward that 1 did nut allow auy mau to call me a liar james warburton toa testified in corro bor alion of ata temen had been there all day know defendant to be he her warburton related the circumstances as told by kendall to mr kendall I 1 am not one of the parries who took the pick handle and hid it do that it could not be abed in evidence dr rogera was called and ato the good reputation of defendant fur peace and sobriety defense rented Areu menta were then delivered by mr king tor the prosecution and mr booth for defense J K ingle was arraigned on the charge of unlawful cohabitation and took until tomorrow morning to plead athe case of tho people vs B P lanfrey Lat frey was called on for trial thia is a case where defendant is ace ased of liquor on sunday counsel for the prosecution W H kiep for tho defendant A G sutherland the first witness called by the prosecution se waa john bell live at castle gate elivd there last february know mr banrey Jan rey he ia n waa in his place of busin eia of february 1891 the of february was sunday men wr drinking bear they paid for it paid caffray 1 spent two or three dollars there were abacut fifty men drinking was there three or four hours bad no prescription for liquor cross examined this waa smiths aguon caffrey was bartender I 1 beard that mr gan acy was tried before a justice of the peace a day or two after mr caffrey ia not the owner of the filoon dai there were persons drunk getting liquor that day the prosecution rested ane defence called J X fergasan Fer gusan reside at castle gate was on of february am justice of ahw peace waa at that time had a case before me wherein mr caffrey wa vita selling liquors en feb 1891 H guilty and was find the witness identified his justices justi docket and an thereon as being hia the docket waa offered in evidence by the defence W H king objected for the reason the docket did not chow mr caffrey was tried but an of mr smith waa tried and aven if thi agent wa mr it i not stated that he waa tried for the same offense he ie charged with here the objection wa argued by tha at torney th objection wa sustained the jury in the kendall cas came in and presented a verdict of guilty of battery against 0 kendall sentence WAB till october ad examination continued no one wag hamd in complaint against caffray Caff he was charged with selling liquor no names of aera were mentioned in tho caffrey was brought before nie on a complaint charging him with boiling liquor on he was he paid the fine I 1 davs lived in gate for three vears cross examined I 1 fined caffrey for bailing liquor and not for keeping au open bouse direct castle gate ia not a city cor horation po ration the case waa tried under the territorial statutes the case was submitted without argument in charging the jury the judge read the territorial in repard to ell aug liquor oo 00 sunday if you believe be lievi this man as agana or principal abold liquor on the day named in the indictment it ia your duty to find him guilty mr sutherland asked the judge to charge that under the eta tutta of the territory a man who has been tried for an offense can not again be placed in jeopardy for the bame of feuce the judge refused to BO charge as no evidence bad been presented showing mr caffrey had been convicted cf the of fence he was now being triad for an exception wa taken by mr sutherland the jury returned after being out about ten minutes and presented a verdict of guilty sentence was for jsn days to give mr sutherland time to present a motion for a new trial court adjourned adjourn ad till ten a m saturday the the first district coart opened thie morning at 10 judge blackburn presiding the of yesterdays proceedings were read and approved by the court W H king attorney for joseph bartholomew asked 10 have the order f r eiting jos Bartholo mews bonds sat aside as ho had not received notice till yesterday and had come here as soon as possible Dos sible after receiving notice and was h re now rady for trial the cobit granted the request A jury was called in the Barti holo mew unlawful cohabitation case the grand jury came in and presented seven true bills and reported the case of the united states vs H olson united states vs J E murray united states vs C G larsen and united vs marinus paterson had been the prosecution called amelia hall to the witness aland my name is amelia hall have lived in cavatte three years I 1 know emma bartholomew she is Bartholo mews first wife I 1 know carrie olson she daes not go oy the name of bartholomnw Bartholom sw abe had children she has the repute in the community of being Barthol wife to the court jos bartholomew was reputed the father of the children carrie oison did not live with emma bartholomew in 1889 I 1 lived in the home with carrie olson did not see bar tholo mew abero the youngest child was two years old in 1889 carrie oison did abot go to the first cifes house cross examined it waa generally understood that carrie oilen and bartholomew tholo mew had separated in 1887 mr bartholomew has not come to the house of carrie since the repute in the community is that they have separated lepa rated to mr zane iam the second cifes iser sophi ft Thum minson I 1 live in gun dibon know emma bartholomew have lived in her house about two weeks dont know carrie olson bartholomew the court asked how this witness came to be brought here mr giue su Rested iho marshal had found her is the hauae cf the farat wife and brought her along mr zane said he supposed the officers had nol anything else to do attorney zane stated he thought the defendant had better be discharged and the court instructed the jury to bring in verdict of not guilty which was done without the jury leaving the bos mr underwood dod came into court and asked for an exten tion of time ot trial till monday morning to enable him to get a witness from schofield granted J K ingle was bharga of unlawful cohabitation plead not guilty case R lor oct 10 the petit j y was discharged till monday morning at 10 there being no more cases ready foi trial court adjourned until mandaj morning at 10 |