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Show "THE FEBRUARY TERM. TLe Tblrd District Coart Entered Upon Anotbir Session This Miraln,. C.H.UMI or tiii: to juiiils? thltl Jmllco Zmc'i Uurg;. V Jnry man Uljrrla In lake Hie .Not O.itli, nnd lhplitlm IUij. Ilefore opening Ihe February term of tho Third DIatrlct Court thU mini. Ingntll o'clock, Chlof Jmllco Zano devoteJ the prevloua hour to the clear. Ingup or iunlry mitten which had atood overfrsm lat week. JUD(lMt:.T tun $1000. Upon taking hla aeatat 10 a.m., hli Honor rendered Judgment in thu caae of Morrlaon, 'Merrill c Co. v. It. (1. I'layter, tried on Haturdny. It waa an action arltlng out of a building contract, con-tract, and the court found for tho plalntlrt, whom he awarded $10iX). TIIK CIIAIKli: AUMNST 1. A. VAUNTS. Attorney Arthur Drown moved to imath the Indictment In the ran of Jamea A. Varnea, the well known mining man, which charged him with obtaining money by faleu pritentv. The nllrged ulfui aa wai the outcome of the tale of certain mining atock by the deleiilaut lo another man, and which It wai claimed waa fleeted upo.l a mlarepreeentntlon. C'ountel argued, however, that the Indlotmentdld not thaw that the ro-prcae ro-prcae ntatluna era Inado for Ihe purpote of Inducing thu plalutltf to purihate Ihe atock. Thu court alter hearing Arilntaut Dlalrlct Attorney Hmltli, lu reply, granted the motion, but gave Mr. Hmlth periiilnljil to re-auhmlt Ilia cate to the next gNnd ury. in tiii: rami: mnk. Therowai a general demurrer In-teriwieil In-teriwieil In the into ol I). V. Dlamind, charged with a fraduUut uu of the nialla In conjunction with other peraoni. The delendant was repneent-ed repneent-ed by Atlorney Cherry, nnd the internment hy Ulitrlut Attorney Varlau. Mr. Cherry pointed out that while the 1 runvoutton oliar-rd oliar-rd fraud lu tho organltatln with which the defendant Ident-irled Ident-irled lilm-elf, It failed to itato any facta that woull commute frauJ. No falao pretema wai ma le by tha defen I-antaui I-antaui to their capital, iuaamuch aa they did not pretend to have any property. Further, no apeclllo ncti were alleged. Ulatrlct Attorney Varlau Var-lau replied. He pointed out that the corporation lu ipiettlon wan dealguul for accidental Inauranqp purpoier, and In pretended compliance with the lawa of Ihe Territory. True, there waa no capital atook, and If title did not ahow a fraudulent acheme, couuael did not know what wai. The aolictuo having beon deviled and (he malla employed for carrying It out aubitauttaled the charge. Tho Indictment clearly atated a ubllo ollenie, w hither the facta had been fully particularity! or no. Mr. Cherry auiwered It ha I never yet been ahown that tbe de'endanta ha I declined de-clined to meet their liabilities In any way. T ho court took the motion uoder ad-vlaomeut. ad-vlaomeut. A DIVOltCE aiiANTi-.li. Tha divorce eult of Frank Merrill vi. Martha (Maggie) Merrill wai next takeu up on Ihe wlfo'ecroaa-oomplaliit. Tho cue waaorglually called for trial on February 0th lu theprteentyoar, In thla court, but tho dalntlll failed to appear, and hla default to ouiwer the croee-compUlut waa then entered. Un the wltnetaataud Mr. Merrill now tated that ehu wai married to thu planum lu July, 1893. Hho told of the varloui acta of cruelty on lur hut. band'a part and aald that he atruck her on different occaelons, uned nbualvo and profane language towardi her and once pulled her out ot bed. A few dayi after their child wai born ehe (prang out of bul owliu to the iiiau'i violent buhavior, thinking ho would njuntier.(CorroboratlYeevldencelwa given and Judge Ziue grauted Mri. Merrill her ilecreu ou the ground of cruelty and failure to aupport, gave her thecuttody of thu child, certltlol fur certain properly which It wai ahown had atood In her own name, and allowed $15 tor month alimony, and attorney'! fece. nn: UIIAND JUIIY. The calling uf the grand Jury lo eervu for Ihe February term of court waa then proceeded with, aifollowe: H. II. Howell, Halt Lake Clly: J. T. Claiby, Hnlt I. like Cllyj Jamu Qulnit, 1'ark City; J. C. Hwaun, Illughaui; 11, A. Hew, Halt Lake Clly; J.J. rhumaa, Halt I.aku CM;: J. C. Mather, Hall I,akftCII',J. F. Ilradley, Halt Lake City; V.. It. Kldredge, Halt Lako City; Ij. H. WliltehinJ, Halt Lal.e Clt)J Jno. O. Cutler, Halt Lake City; Juo. Connor, Con-nor, Htocktou; I'hlllp J. Hloue, Uulon; J. W.Hkluuir, Hilt Like Cltj: A. M. Wood, Halt Lake Clly. Wheu the foregoing Hit had been called by Clerk McMillan, AmWliiit Dietllct Attorney Htephem took the fllteen genlloiueii lu baud, with a view of atcerlalulug their llluon uud iiuillH. callom t) nerve. The flrit Interrogated wai Mr. Howell, who, however, was knocked out on the third iiutttloti. "Cau jou read and write?" nuked Attorney Htrphena. "No, I cannot clo either," wai (he roi ly. "Canuot evou write your own name?" queried the court. & Mr. Howilluld he could not; win ri-upon ri-upon Judgu y.ttuo told 111 in that be mliilit retire. Mr. C. T. Hmirt, of Mill Crtek, wa. then called tn make up the flfteeu and aied tliruugh tlmoMiul aaftly. The txaiiilnatlou el the Jurora did not lake mole than leu minima and when Attorney Htephem wai through with hla tak the comiletu Hit atooJ a abuo, Itta Mr. Howell aubitltuted u lattd. Mnjor Ilradley wai named hr JuJe Ziuuaa toremiii, but that gentleman, Willie txpleillug lllullelf uule to die charge the dullia uf nu ordinary fjrond Juror, bugged lo leetcuied from laving any addltloiml ruipoimltiiiit) pldced upon him. llo .11.1 nut, lu tald, fiol ihyaltaliy capable ol bearing It. Tho court appointed Mr. J. J.Thomuf fortmau. Tin: ciiAiiur. Chief Juitlco '.the commenced hy referring, ai usiiul, to thu il itl- nf thu grand J irorr, which he ai"i 1 icludul un luiU re into all nir eio nml t"-i within this Judicial Ulatrlct lu Ihelr - " " luveatiiialloni they eh jnl I examine all charges ngalntt peraoni held by comniltlloK magistrate, ai well aiauy other matter' Which inUlil be lucidenlally brought under their notice. They muit act candidly nnd liupirtlally, and bo governed only by a dealre to reach the truth. No otie ehoul! be shielded by them througli fear, favor or alleciioo; Ihvlr win rnjiiliel them totleal with ercryim famy and honest y. If any cleuiem was to be extcndoJ to any crlmltnl, that wai lodged M llh the executive nf the Tirrllory. Un the other hand, tiny miutnot Indite any ertuu out ol a feeling of Ill-will or malm. It behoved them to bs caretul so that they might not be milled by Wltneuc aclualol ti Improper motlvei. Too cuatomiry remarks were made by hli Honor lu regard t'i the dealing with matters which lulglit bu caaually brought lo their notice, and tahl he further: "My ultentlou like been cnllu 1 to a ref. irei re, made publicly, to a defalcation that la alleged to have occurred In the city fundi tome subordinate officer whoao name I do not t ow recall. You will Investigate that charge. Itliyour duly lo Invoillgato the conduct of public pub-lic olllcers, and If they have beeu guilty uf mliconduct, either III the misappropriation of publlo fundi or otherwise you ahould Inilltulhciii, lr-leiptitliu lr-leiptitliu of whu they are. Vou are leit here lo ahow any fivorsur lodli-lliy lodli-lliy ourpreJu llioor pasalou, bulla Invtstlgate such conduct carefully au j Impartially." Hli Honor thou III-sttiicted III-sttiicted Hie grand jury as la their right of acctn lo all hooks, ro.iid anliliCJinoiitsof a publlu cliarcUr, and iealiliy warned ttiein to bo cau tliiui not todlsclOHe lo anyone uutilde of the grand Jury roum anything which transpired therein. If any meiiil er of their body dl I such a thing, hukhoulJ be discharged forthwith niu punlahul lor tho act. llalllir Hprlnger I lien conducted Ihe grand Jurors lo their roum and Ihe .election of TIIK IT.TIT JUIIOIH was procco led Willi. Their examination examina-tion was conducted by Asslitaut Dlalrlct Dla-lrlct Attorney Hmlth. rieveral of the geullemell were excuted for private reaaoua lilch they explained. Thu only noteworthy Instance wai thai of Mr. (leorgeC. lumber!, who uiprrsied n dellre not to take tho new oath treacrlbed by tho court. He had, ho said, served a term of imprisonment lor unlaw ul cohabitation. "Hut have yen been guilty of the ofleiiae since November lei, a set forth lu the amnisty i reclamation?" I required re-quired thejudge, Mr. Iiimueri replied In the negative; neither, he sald,dld he latend to broils the law In thu future. "Hut," he added, "It would bo oljictlonable to me to like that oath. 1 am not prepared pre-pared to cait any odium upon the mother of my children. It Is one thing, howuver, to observe the law and an other to publloly repudiate her. I have eome icrunlcs about that. Judge Zatie Hut vou aay you are obeylug Ihe law now? Mr. Ijsmbert I have not troitnj her aa a wife since that porioJ, nor associated with her, nor have I any luteutlon to; but I woilJ t.otuare Just at prisent to take that mill. Judite Zine Well, If you cannot lousclontluusly take It-Mr. It-Mr. Lambert That Is my reason. I do not care to cast any odium upon liar at all. Judgo Zane It seems to mo that you would not cast as much odium upon her hy taking tills oath as you do by declining todosi, as lar aa that la concerned. It would aprear thatyou have some olject uai purpose here-alter here-alter In view. Mr. I. amber t No, sir, I have no such purpiru, and 1 can say truthfully that I havo obeyed Ihe law up to thla lime. Hut, as I before remarked, re-marked, It Is one thing to obey Ihe law In that respect and another to make a repudiation of the mother of my children. Judgo Zvio (with emphasis) Vou say you will obey tho law In future? Mr. Lambert Vet, air. I have been under certain disabilities for the laat eight or ten years, wliloli have not been very agreeable to me; but I would prelerto remain no rather thin take that oath lit present. Judge Zine It Is a question for youneif for your comcleiice. You say you canuot oonsclenllouily takethe oath. Mr. Lambert No sir 1 cannot. Judge Z me Then you are excused. Mr. Lambert. For the term? Judge Zaue Yes. 11IK NEW OATH. The amended oath prescribed by the statutes for grand aud petit Jurors, as chauged by Chief Juitlcu Zaue to conform con-form to tne amnesty proclamation Isaued by tho l'roildeut, rraJa aa follows, fol-lows, In that portion relating touulaw. ful cohabitation and kindred oflenses; "That I will not nt auy time eld Or abel, counsel or advise any person to commit bigamy, polygamy, unlawful oshabitatlou. Incest, adultery, or furula cation; that I do not claim, recognltT or assbClttu with more than one wi.ma, as wile; that I have not cohablte! with mure than one woman as wlf" elnce Nov. 1, IbUJ, nnd that I havu noV bueu cunvlctid of the crime of unlaw fill cohabitation since Nov. 1, IbSO' and have not been convicted of Incest' adultery, fornication, bigamy or polyg' amy." TIIK CUMI'I.KTH l.isr. As sworn Ihu iwllt Jury stands as follows: Jatnet Dennis, West Jordan; U. L. Laiubournu, Halt Lake City; James A. lMlock, Halt Liku Clly; Mo.es Jones, 1'ark City, IWm. J. Newman, W. IJ Jacobi, Hall lake City; Win. J. llur' ton, Kajsvlll.; CO. Fsrnsworli', Halt Lake City; Win. O. Vuung, Hnyder-villi., Hnyder-villi., Henry Diiy,Drapet; H.C.Jumie. Hall Like Clly.; Win. 11 mlltou, M'll Creek; 1'nrley Klmb.l', llianl. villi ; riiotuai Ii. Jeremy, Tliomai It. l'.ller-heck, l'.ller-heck, F. L. l'arkrr, I.. L. Hlum, L. 1). Kinney, Uujrko W. Curler, Hull Lake City. Court adjourned at 12.30 till - p.m. AlllllMXJN BI'8UIJM. The court sal tiili uliuruoou for about ten inluutei only, Thero wui butuuu uimi set down for hearing tint ol Oluf Hugan, charged with adultery; but in ooiiniel for the iroseoullon was mil ready tu roceed, the esse was, on Mr. Vnrl ill's application, ccntluued (or the term, |
