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Show . -AJIOXG-TOE JUDGES. J f -Z-J . 'Alnjnorth's fBiHrTurrellcd. The Dr. WestCascEfrif -SUEDBlSIIUCliOUltT. - Today the 'criminal cases set for for the April term n ere taken up before Judge Zanc. W. F. IlofCheloier, arrtsied for abducting Myrtle Wellington, was arraigned on an indictment found against him. He entered a plea of not guilty. Mr. Itawlins appeared as attorney for Uie defendants In the cases of the United States vs. X. V. Jones and W. S. GIbby, and at his request they were postponed till next term. Mr. Ferguson appeared for Dr. J. J. West, indicled for polygamy, adultery and grand larceny, and asked Uiat the case be continued fur the term, to-enable the defendant to procure witnesses from Oregon Ore-gon nnd Washington.) Ho said lie wantal lo show that when Dr. West married hbwifeln Oregon she had a husband, Wrii. Morton, living and undIvorcd,'!and that therefore their marriage, was invalid. This husbandj ho said, was still living at Mr. Varian opposed Uie continuance, continu-ance, as he believed the application was not made in good faith. The doctor had at first claimed that his wife was dead, hut now lie changed his base, and claimed that Uie marriage mar-riage was illegal. Mrs. West denies having been married before her union wiUi the doctor. The court gave Mr. Varian till this afternoon to file affidavit. The case of fornication against Henry Schmidt was taken up. The The defendant was arrested on a commissioner's warrantand pleaded guilty. Then he married the girl to sava himself from prosecution. It Is claimed. ho ever, that he utterly refused to support her, and Uie prosecution pros-ecution against him yens pressed. The Jury returned a verdict of not guilty. This afternoon Mr. Varian read an affidavit of Mr. Kate Clabble West, denying that she had ever been married to Wm. Morton orany othcr man except J. J. West, and never gave the latter so to understand: under-stand: also from Miss Kverill, that Uie defendant had written to her, saying that the reason he had to believe. be-lieve. Uiat he was free to marry was because he understood that Ills former for-mer ife was dead; alvi from Mrs. HuUi Everill, that thu doctor had not told her he had been married, because he kuew he could not then get her convent to Uie marrUso with , her daughter. Mr. .Fevgu&on said Uiat Uie doctoi . did not write the letter referred to, i for he could barely write sufficient to sign his o a name. He probably got some one in the "pen" to. write for him. The indictment had been found April 22, and he had not liadsutlicieut Ume to secure the evidence necessary for thcprojier presentation or the defendant's case. The court granted the continuance continu-ance as aked, aud set the case for May2S. Clinton Ainsworth was called to plead to an Indictment charging film u ith fornication. He failed to present himself, and his bonds were declared forfeited. His bondsmen are James Glendenning and George Pickering. John JJ. Taylor vs. John W. Smith; suit for S5000 damages for malicious prosecution; the jury reported re-ported Uiat they were limbic to agree, and were discharged. Hock Springs Coal Co. vs. Salt Lake Sanitarium Co. Twenty days' stay granted to the defendant, to file motion for new trial. John Wlthey was admitted to clUzen'hip. C. O. WIttemore and S. P. Armstrong, Arm-strong, attorneys for Mrs. Kate Fitx-getald, Fitx-getald, filed the folion Ing etition for a writ of habeas corpus: "The peUtion or Kate Fitzgerald respectfully shows that Satra G. Stringam ni.d Sylvia Stringam are unlawfully imprisoned, detained, confined and restrained of their liberty by Elizabeth Snow, at St. George, in the county of Washington, Washing-ton, Utah Territory; Uiat the said impri-onment, detention, confinement confine-ment and resaint arc illegal and that-the illegality thereof consists In Uiis to-wit: That the ages of said Satra G. Stringam nnd said Sylvia G. Stringam are fifteen and sixteen years respecUvely; Uiat Mary J. Stringam and George String-am String-am are the mother and faUier of the children above named. That said Elizabeth Snow n-fused and still refuses to give said children into the cutodv nf t!it1r said parents; Uiat as your jicUUouer is advised and believes, the object and purpose of said detention is to : marry said children Into polygamy aud lor the accomplishment of this end to remove Uiem to the republic of Mexico to marry against the w hlit s of said parents; that the said Mary J. Strlngaai, mother of said children, is now in St. George for thu purpose of taking the custody and care of said children from Uie said EllzabeUi Snsw; Uiat the said Elizabeth Snow refuses to deliver up said children to their said mother; that your petitioner is a sWer of said children and interested in theirwel-fare. theirwel-fare. Whercfor your petiUoner prays Uiat a writ of liabeas corpus may be granted, directed to the said Elizabeth Eliza-beth Snow, commanding her to have the Indies of Satra G. Stringam and Sylvia Stringam before your honor or such court as your honor may appoint at j Ume and place therein specified, to do and receive what shall then and there be considered by jour honor concerning her, to-getiiet to-getiiet wiUi the time aud cau of raid detention and said writ, aud that they may be restored to Uleir liberty. Kate Fitzoald." In accordance with this tition Judge Zjiio ordered a writ cf habeas corpus to bo issued commanding Elizabeth Snow to appear before him on the 21st of May, when it will lx shown bow baseless Is the allegation of the reason for the detention de-tention of the children. IOL1CE ITEMS. rUer,McCunc. and J'.obcrt Oak' len were fiued $5 each for being drunk. Frank Persell, for assault and battery, was assessed $10. Frank Ryan, Kathan Scens and Ilobt. Taylor wre given 10 days each for trespa. Win. I j. Robinson .was convicted of vagrancy, buton-liis promise to return to JSIngliam Canyon and go to work, sentence was suspended. Itcujamln Ainsworth, fortagran-cy, fortagran-cy, was gien30 days In jail. James McCarty, Jonn Watson and Wm. Flyun, being unable to find bail In the sum of $W00 each, on Uie charge of stealing from the People's Equitable Co-op., 'neresenttoJaiL 1'BOEATE C017HT. Proceedings In the Salt Lake County Probate Court yesterday: Estate of George Smith; bond of administrator approved; order of publication of notice to creditors; an order appointing appraisers made. Estate of Mary Jtasbtrson; decree made showing Uiat due and legal notice to creditors has been given. Estate of Adam Siiary; continued till Thursday, .May J5. Estate of Elizabeth Powell; case continued to May 18, ISM, to allow executors to amend account. Estate of EllzabeUi T. Grocsbcck; case conUnued till Thursday, May 15, at 10 a.m. Estate, of David It Lewi; case taken under advisement as to Preiser Preis-er notice belug made. Estate or Mary Jane Warn; Liken' u nder ad visement. Estate of Eli B. Kelsey; order made ii final dlslribuUou. Estate and guardianship of Chris-Una Chris-Una Larsen, a minor; order made appoinUng guardian and directln-citatioato directln-citatioato Issue. Estate of Hannah G. Stepbensen: order fixing day for hearing return rof sale of real stale. ' |
