Deseret Evening News | 1885-06-16 | Page 4

vai. TAYLOR, dO&Ul'xL -- a. - 'j EVENING NEWS. ,igi sills C5 AKCiUMKNT Undertaker, Funertl Director, and Embalmer. l, lss.1 OF J. R. McBRIDB UEFOUB THE COUKT OK SCPRKMU UTAH IN THE CASK OF A. M. CAN- NON. AP A foil lino f Fine Cloth, Metallic and Redwood Coffins and Caskets. Air-tigOak Cases and CaazeU. A con pi eta stock of Bmrinl Kobe aad Undertaken' Good of every description kept on hand. constantly Black or White Hearse. Bodies preaerrtxi without ice (or any Icnxth of Uroe. Fame alar attention given to embalming, hipping and ear of bodies. Embalming and shipping a nvteelalty. Lota and grave furnished in any ceir etery in the city. All orders by tetegraph or telephone, 43 or night, will receive prompt attention. Prices low and term reasonable. Office Never Closed. Telephone No. tK. 23 S. West Temple Jnae Tnendny I V 84 These cases, aside from any conse quences to the detendants, are i por ta ut, as toey Dear upou the rueauiDtr aad application of the Act of Congress creatip the offense of cohabitation. It is of the utrnosw importance that a Jaw which may affect so loauy people, should not only be construed, but so 111 CARD.. A DESERKT HOSPITAL, UNDER THE moat favorable auspices, is now open for the reception of patients, having re moved to that larfre and commodious build ing lately occupied by the Deseret University. The appointments are new and of the first order. The hails and rooms are thor ventilated, and warmed by a furnace otighlywteam and extending heating apparatus building. Good and cathrough the whole attcn are nurses and every supplied, pable Hon paid to the comfort and welfare of ita inmates. The medical department coin prises a fine stock of drugs, and a line of some of the most valuable and elegant eur gical instruments and appliances ever m the Territory. Arrangements Eorted intomade to secure the first medical talent the citv affords for the benefit of pa tients. A specialty is made of the diseases of women, ana correspondence is Boiicueu from the aillicted. H. B. Cl.AWSON, President. W. K. ANDERSON. Medical Supt. M. P. HUGHES, House Surgeon. K. B. WELLS, Secretary. A limited number of students will be taken, who will board in the Institution, re ceive instruction preparatory for future to stndies.and will be expected in returnand devote a certain portion of their time labor to attendance on the sick and other with the Hospital. requirements connected Uorresponaence on mis sojecu is soucucu from Bishops and other authorities in the Street. SUPERFINE WHOLE-WHEA- T construed, that the leal correctly blind shall be satisfied and all reasoncontroversy set at rest. This MOST PERFECT MADE able consideration Induces mv, after the ala few argument, to add re ready elaborate tperial by a physician with Prepared of on one these feature suggestions or Alum Lime No to health. Ammonia, gard cases. For this purpose I have carefully gone over the act itself, nave undertaken to examine it from the point of view whicii it will be conceded its makers occupied, and, givlns? les?al effect to ail that it contains, tiled to ascertain what it is, aud apply it to the facts of tne case In hand. 1 nave sougnt to reach the lesral result, so that, not only for this case, but for all others, we may have a plain guide, so lar as tne sECliL law may be involved. f irst l will state the facts 01 tnis case from the record. The defendant, VtnH hmt ejulitte e( Cannou. assuming for this argument Wkwl, mm eratattan AXL that he isk charged with being a "male the trltlve lese.ie la Ktat person,' is alluged by the indictment mrlmtc tlx tcrmim, prInplaBtd to have committed the offense of cowhite ae.l thiol, habiting with more than one woman, Krflae, between the first day of June, lNvi, Warranted as represented, and the first day of February, 18., 1 II and Manufactured by viz.; that he did cohabit unlawfully The Pioneer Roller Mills, with Amanda Cannon and Clara C. Mason, at the County of Salt Lake. SALT La&X CITT, UT1B. Territory of Utah. The prosecution showed by proof that Sold at $2. BO retail, by MADE the MOST defendant resided at i!4ti First i..C. I. (Ireeery Dteartasent. FlaSouth Street, Salt Lake City ; that bePurest and strongest Natural Fruit Ww latSoath KMInrtoa dsAv vors, Vanilla, I,enidn. Orange, Almond, fore July, 18ti2, he married Amanda ettlements. Ellas Herri, opposite Z. ('. M. I. Rose, etc., flavor as delicately and naturally Cannon, named in the indictment, and AND OTHER DKALF.RS. :3 as the fruit. that he had lived and cohabited with Price Bnking Powder Company, Chicago, her even since; that she is the mother FOR SALE Oil EXCHANGE St. Missouri. and Louis, Illinois, of nine children, bora since the same of them being now FOR marriage,at eight his said house. That by the resident SAIMONS, CLARK & CO., same at the same time, and ceremony Lumber, Grain, Flour, Produce, MAN'UFACTUKKRS OF married he. Sarah Cannon, defendant, Etc , Etc. who Is not named in the indictineHit. CO. PICTL'EK FRAMES, MOLDINGS, ROLLER PATENT About 1874, Clara C. Mason, uamed in 75 00 Piano indictment then a widow with the WINDOW POLE CORSIM LG0K1NS BUSSES, 00 40 Grain Chopper was married to defendtwo children CO 4U Paw Apparatus Mill ; No. 53 North Temple Street, ever since has resided iD said and 00 eood-30 ant, are kcitt nt Our Art .SuviiKe's Bazar. Light Wagon East. Ojjlce : 21 South Temple house of defendant. di'nlerM Baxter and and six horse at furniture Salt by power Engine Street, West 400 00 l.iikc i itv Jind sillier New Boiler In this house Clara Mason occupied principal ti'Unx Flar pelvl This pr, fa aMf thve by frosw au mi A4 W K PERFECT PIONEER Mill i 1 to 15 Acres of Land in Brighton. .. JSuO 00 ihi'uiighoiit the Tei ritonr. eilieodtiin 40 00 Heavy Wagon 25 00 Heavy Two wheel Dray HIGH PATKKT, 50 00 Ballard Rifle, new, cost $75, for BtHKRD No. 1. or less Charcoal. load far . FLOUB. SCPEKFUS WHt,SjrHKlT Car load Cedar A1TD Car load Rock Salt, in lumps. Large Billiard Table with pockets. HIGHEST EUSH PfllCE PilO FOB WHEAT. Harness. and Buggy Counters, Shelves, Gas Fixtures nnd To Office Telephone Mill Telephone Ko. tTL bacco Cutters. No. S87. 3000 pounds Ground Cherries. Baled and loose Lucern ; Baled Straw. 41 UJLAS KOKKI&. BnpC HALF Lumber. EAST OF OEPQT. Stove Polish, Wholesale. Butter, Potatoes and Vinegar, Wholesale. Scouring Sapolio. Bone Ash for Assaying, Refining and FerI.CHBKsV DOORS, AND tilizing. w auiusaio. xiquiu Diueing, SASH. 4 Ton and all kinds of Scales. LATH, Branson Knitter, best in the world. Felloes and Spoaes. OOLDIXG. HINOLU, Neat Oil Manufacturer, and many articles of Merchandize, all for trade, cash, etc., CEILDIU, rRAHKS, Wells Bored. House in 11th Ward to dispose of. IS VIA THE PICKETS, rLOORUCI, Mf Call and See. BRANDS: LUMBER YARD Po-ae- PLANING MILI, SHORTEST Most Direct Route TO THE EAST ST OHH , ZDASO ATCHISON", South of Theatre. Half JOHN W. SNELL. Topeka & Santa Fe GOOD FOR ALL! in Drpot at Block HThich Connects m Union PUEBLO Denver & Rio Grande Rail' j THIS 1TEW ll Splendidly Equipped with Pullman Sleeping Cars, Gil AFEX BERG Great Remedy for all Female Complaints. This Medicine cures Female Weak ness and Nervous Disorders. Physicians use this Catholicon in their practice. STEEL RAILS, .Irnt RaUread A EavUusr Hosine la the Country, rheartng 9111 SAFrrtlQMFQHT! TII I" QUICKEST TOTHK MISSOURI RIVER. HAMBLIN, General Agent, Denver, Col. W. B. CUAS. I. BTTILDEHS, Coutr&ctora and Hnnafactarers. A safe and pleasant remedy for all Child ren's Diseases. Acting as a tonic it is positively beneficial to every child that takes it. y- Send stamp for book to Graefeaberg Co., New York. W. F. WHITE, Gen. Pass. Jt T'k't Ag't, Topeka, Kan. PARSON 3, Traveling Pass. Ag't E. C. M. Dzhvkr, Colorado. LaU Latimer, Tayler I. DBCfi STORE, AGEBTTS, SALT LA KB CITY, UTAH. d dk C: O. BOX TUTT'S LL TORPID BOWELS and LIVER. DISORDERED From these sources arise tiirce-iourtli- a ofthe. diseases of tho human nice. These symptoms indicate their existence: Imu at Appetite,fullllowtli costive, Kick. ness after rating, averHeadache, sion to exertion of body or mind, Krmetationi of food, Irritability of a feelincrof havtemper, levr spirits, some duty, Iizztnes, neglected, ing KlutterlMS; at the Heart, Vote before colored Urine, the eyevt, hihly Brill rtoni'and tho use of a that ncH directlv on the Liver. remeily As a Liver TI TT'S P1I.LS have no equnl. Tlu ir aciion on the Kidremoving neys anil !ki'.i also prompt; all impurities tli rough these three "scavthe of ay stem," producing appe- a engersound tite, ilirjtion, regular stools, clearskin and a vigoroua body. Tl'TT'S nor Plf.LS cause no uauseaorRnilgriping are a perfect with rtailv work, eos-bTIPATIO- M, i - or WILl KO IS UNACQUAINTED WITH THE CEOCRAPHV OF THIS COUNTRY SEE BY EXAMININQ THIS MAP, THAT Trie ANTIDOTE to MALARIA, HAIR DYE. TUTTS Hair or Whukrrs changed Grit lv to a Gmst Black bv a single of this Dye. Solil by Drugapplication or sent by express11 on receipt ofN.SI. gists, V. do Id Office, St., Murray everywhere. KENNEDY'S C?.ctf rK Yl!eV .iiH" La I At. I jrWSTmilW CHICAGO, ROCK ISLAND A1Q) PACIFIC JVY tbe fimat Oeatral IJnn. affords to traveler, by reason of its unrivalled podUoK, Um anortnet nnd beat root between the Kast. Northeaat and Southeaat, and the Wert. Xortnwest and Soatnweat. It 1 literally and strictly true, that ita connection are all of the principal llaes of road between the Atlantic nnd the Pncinc By Ue mala Use and branches it reaches Chicago, Joliet, Peoria, Ottawa, La Salle, Geneteo.Moline and Bock IInd,ln Ulinoli; Davenport, Mucatiie, Washington, Keo kuk, Knoxr'Ue, Oskalooen, FalrneldDee Moines, Weet Liberty, Iowa City, Atlantic Afoca. Audabea, Harlan, Guthrie Center aad Council Bluffs, In Iowa; Gallatin, Trenton, Cause roa and Kanaa City, in Miouri, and Leavenworth and Atchiaon in Kansas, nnd thenn-nreof eitiee, Tillagee nnd towns intermediate. The RC0' f situ ww PVOsaB aw MINERAL WATER. Reimg cl ISLAND ROUTE," "GREAT ROCK and comforts Incident to a era ail tne tt ta familiarly called, of to traveler advantages iiaootn track, safe bridges. Union Depots at all connecting points. Fast Express Trains, oosiposed Pt COMMODIOUS, WELL VENTILATE, WELL HEATED, FINELY UP HOL3TESED and ELEGANT DAT COACHES; a line of the MOST MAGNIFICENT IIOBTON RECLINING CHAIR CARS ever built; PULLMAN'S latest designed land .tandsosneat PALACE BLEEPING CARS, and DINING CARS, that are acknowledged by press and people to be tne FINX8T RUW CPOV AST ROAD IN THE COUNTRY, and la CENTS wiicn snperior mesls are served to traveler at the low rate of SEYXNTT-rrVEACH. j THREE TRAINS each way between CHICAGO and the MISSOURI RIVER. TWO TRAINS each way between CHICAGO and MINNEAPOLIS and ST. PAUL ) sia the famous A REMEDY IM THE WORLD 1 Rheumatism Conatipation, Biliousness, Lung Diseases, Dyspepsia, Sedentary Diseases, Kidney Complaint Impure LER n VrwjwM $c and Sbce tueoa CO. MAtropAOTuncits. ;QMAHA NED. 80LD BY DRUGGISTS. GROCERS a new hue will be opened, via Seneca and Kankakee, between Newport January Hews, Richmond, Cincinnati, Indianapolis and La Payette, and Council Bluffs, St. Paul, Minneapolis and Intermediate points. AU Through Jswjsi I si i Uii cm rati Kxprtt Train. more detailed information see Maps and Polders, which may be obtained, as S2- well aa Tickets, at an principal Ticket offices in the United State and Canada, or of ; 1883, rr b. CABLE, mmd VkM-frm- ft K. ST. JOHN, Oen'l TUiet Omtrmi Manmftr. . rnnd CHIC AGO. fx.y rWr JgtnL h A r, II a4 " titah Central Railroad. NEW TIME CARD, MAB. Jtk. i nnjJ.il rnCino f: axpra APseiMtet - . . f- wetaiaertfc 4Uanao Express at..... ........ ..', .00 . I n-- .. Milford - siay...-u- - 0 -.-X-rSii tfi;!r7frtti Trains Arrfveia Bait Lake, daily .... 7.51 ffl i'itl! p.m. Mllfard Kxpresa.at. - I O : orbidden SALT LAKB AS - JTOIXOTTS: DAILT,, l. TRAIXS LEAVE PASSENGXR . n , 1 , ALBERT LEA ROUTE4 R. distinct households throughout kitch ens, dining and sleeping rooms. The testimony showed that defendant took his meals about every third day with these women and their families in their apartments and onemeal with each on bunday. Tne orphan children bad lived for the last Ave years. with Clara ' ll Til ' f t I WAVk ttlTrt llfld SIS cupied by herself and the four children who were with her all the time. The defendant had been heard to speak of Amanda Cannon aa his wife, but no time was given as to when this state ment was made. It was shown that Amanda Cannon and Clara are both On members of the Mormon Church. this statement of facts the prosecution rested tneur case. The defendant then offered to prove (and for the purpose oi this case will That be taken to have proved): Amanda Cannon was married to de fendant before Clara: that before the law of March, passage of the 18M2 Ue punishing cohabitation, had ' alternately occupied the sleep ing room and bed of each: that each with her family occupied and still apartments as ai occupies separate readv proved : that on the ipassage of the Ldmunds law, the defendant announced to both these women and their families, that he did not intend to violate that law, out should live witmn it, giving his reasons, and that he has not since occupied the bed or sleeping rooms, or had any sexual intimacy with Clara, and to that extent, they by mutual agreement, separated ; that these women and their families, are depend ent on him for support, and that he was not financially able to provide a separate house for Clara. The offer of this evidence was ob and jected to as immaterial, irrelevant was incompetent, and the objection sustained. We have, then, before us a case showing this state of facts. A defend ant who had married one of the women 25 years ago. the other about ten years awo, followed in each by the usual cohabitation as of marriage, and the birth of children, tinder the roof of de fendant. On the passage of the law of 1882 the defendant separated himself from the sexual relations that had before been maintainsd between him and Clara, but still supported and sustained ner ana ner cnuaren in nis nouse. Will these facts show the defendant guilty of a violation of the law of 1882? The statute is remarkable for its brevity. It reads-Sec. 3. "That if any male person in a place over which the Territory or otner United states nave exclusive lurisdic tion, hereafter cohabits with more than one woman, he shall be deemed guilty of a misdemeanor." It is manifest that the first thing to do is to ascertain what the word "cohabits" in this statuet means. is What constitutes "cohabitation" matter of law that 1 premise at the defines outset. Webster "cohabit" "to dwell with," "as to live in the same country" in Its first or primary sense. It is too obvious for dispute that the word in this statute .does not mean cohabitation in this sense; living in the same house or in the same was not prohibited. If that country were so, any male person living in the same country, with the woman would be guilty, or any such person who kept a female servant, above a child's age would be guilty. The next definition by Webster is "The state of living toAnd if it gether as man and wife." should appear that a man lived with two women as wives, though neither of them in fact were such, or one was, and the other not, he would be guilty. But what does living with a woman as a wife Imply? It is admitted that eexual Intercourse with a woman 8 not cohabitation, aad that any number of criminal Interviews of this kind would not constitute an offense under this statute; and Is it not equally livtrue that any amount of innocent without such Intercourse under the ing same roof does not constitute the offense? Does not cohabitation mean a living together in the enjoyment of the Tights (that attach to marriage, It marriage has taken place, or the same privileges, if no marriage has been celebrated? Must not this Interpretation of the statute be applied essurpecially when the circumstancesstatute rounding the passage of this axe considered? Polygamy had been prohibited by law, but the proof of marriage bad been so difficult, and the time of the statute, by reason of the elapse of time was so short, that tnls law against cohabitation purposed among other reasons, to supplement and make effect-ir- e the legislation whieh had been so fruitless In prosecuting polygamy. The actual proof of the marriage was dispensed with, that theacf which toU lowed it might be washed by the law. The cohabitation which resulted from the polygamous marriage, which had not heretofore been was made an offense witipunishable, a view to suppress the consequences of that marriage, to wit, the birth of Illegitimate children, and the thrusting of innocent offspring Into life, with the brand of crime upon them, not the idea of sextml relations eviUbly connected with the thing forbidden? What sense could there be in inserting the term "mal person" into the statute unless it was intended to give that fact signitfeance and effect? The very idea et forbidding the association of 4 persons of opposite sex s based on the fact that such association was the impropriety that was i bat if the association as man and as woman is Immaterial, as the decision of this case In the court be low implies, then this element in the statute Is practically eliminated.! ; t, ' n is luie to say mat tt necessary that a defendant be a man. in order to be guilty, and that he can be guilty by simply doing acts which anv woman could do as well as be could. A woman an reside In the house, eat with the -- T1TLBI, I0MIET & 1BL!STB0IG; ORAEFEXBLIIG riiildreii'a Panacea. LUXURY! Etc WEIGHTS, OI.ASS, ALL BILLS PROMPTLY BTLXiBD m TATIIOLICOJr. ELEGANT DAY COACHES, ! UsH same building, second floor. Defendant's bedroom was in the southeast corner on the same floor. There is a hall running north and south through the centre of too house on the second floor. Amanda's bedroom being separated from defendant's by this hallway, and there is no room between defendants and Clara's. Clara CanrHyn's child of her marriage with defendant was born January 11th, lbS2, she having nra two Dorn prior, out both were dead. The families live separate, with Tl For more than Forty Years these valuable Pilla have been known and used. They act mildly but thoroughly. Bilious Disorders, liver and Kidney Complaints, Headache, Constipation and .Malarial Diseases are cured by using these Pills. E T.TJsT tusric. HARDWASK, GRAEFENRERG PILLS. TUB WITH if the last three years, tfjko rooms during on the east of a hall whfcTi passes the house from north to south, through with one child, born of this marriasre, two orphan children which she was and one child by a rearing former niarriago Amanda Cannon with her children occupying the rooms on the west side of the hall. The bedroom of Clara C. Mason was in the northeast corner, of the building, on the second floor. Amanda Cannon's bed- roomwas in the southwest corner of the " JOTPT SHARP, ,.'Wfr''' r?"'""! s W3m,mmmmtmwtmmiiiwms9mmwiifif family three times a week, control and govern the children, and furnish support for all, as well as a man, and if a man does onlu these things, and exer cises no privilege of bis tex, is he any more guilty than if he were a woman? Enters the tratfrn from uaknowu Suppose that Angus M. Cannon were ranwt, at all seasons. in fact a eunuch, could he be guilty of Shatters the Hervr. Impair Dtawttoa, sea fcnreebittt tae mucin. in the sense of this law? cohabiting And if he lived in the same relations to these two women that a eunuch would, could he be guilty? Go further. A male child above the age of infancy is i a "male person;" would the fact that v such a child lived under the same roof, or even occupied the same bed with' two women make him au offender.' Certainly not, aud the reason is, that because no sexual relations existed or could exist between them. If a brother lived iu the same house with his two grown-u- p sisters, both of whom were supported and maintained by him openly, would the facts aloae a show him guilty of the crime det i ir i i 3 iw'm THE nounced iu tais act? Certainly not, and I IIi U II wnyr liecause no sexual relations TONIC BEST would be shown: but to show that the and rnrw lfiltiri..!.i 'Mlt sexual relation is the 'gist of the offense, Qaickly and Fevers.oomplotflr For I t i i . I ir it tin tin .u K'nrmt. l.nrk of inlrrmillrrl suppose it could be proved that h enriches end S M pnriti shared their bed, his guilt would l e petite, and Mrnt n:i!cWn an th I atu uot insisting that r tN t:i. mi, admitted. It dei n t inj;irx . r ! .':.!. iin conitipi.f actual or positive proof of sexual in prnduoo FlTHKR T, .1. KEILXY. th'i .atr...l..oetweeii a Uulctulaut and two Ciathofic DlYii uf Yi timacy ,t- Rvtrr-- vtii'i have utjed Brown' women shall ie shown in order to at"Ift&tisfartiwi tt f.r 1 Milan, make out guilt uudor this statute: Otnll and lilt dfMhrH. Bml will l r it ,v ' as a rruiy only Insist that the jury shall have suf- - band - ' r ruu t abnvrt tdrt denmne im. muk n ncient evidence to satisfy the in. that Vn wrappor Tnke no other. Mi. n l MU sexual relations do exi.it, anil that no AKOWN CUT MM' I. CO.. KA!TlMfri Book llful hml Mtr.v t itv r n conviction can be hhd, iwheu it is VIADLK8' Hand of pnww fr p mf nn.iti n M.Kit shown that they do not exist. ins. otc, givfin sway ,j ai in ni'Sfian, o W hat 1 maintain is: that as matter bailed to any adJrvtrf ..urtv ii.t ri:i."i. of law, the jury must find that a defendant shall have sustained, not innorelations cent, but forbidden sexual WATSON 1HS0S.. with the two women, or no verdict ci What evidence guilt can be supported. will satisfy them is another thing Stonecutters ami Builders. What I contest is, the doctrine, that a Tinnhetones, M..,sui:ir.:'. man may be as innocent of improper Mantels, Cmt. i ami IIi miiIi mou". conduct with these women as a brother should be with his sisters, and yet be 1278 a i2so sorri! :!:)ii'i.i: m condemned to the penitentiary for acts Opposite Ass:.l.'n I.'itH that are not only not wrong, but in truth commendable and praiseworthy, and the refusal to do which would condemn him in the eyes of any just person. Take this case as an example. The MALARIA 3 ! e) . a x.. i U L it ii ti - - W:mmWr7i Sit I 1 5 UiJ UN n t- i in- - i . t . ah-- kmi-m- j f i v r.o.-.- . r frt-T- j) 1 r.- . - i rv :, t ,4 nothing except to provide for his children and their mothers, and aid by his presence iu their training for future duties.tor wnicntneyare an ou him. The prosecution uroved no iniDroprietv on his cart. and they objected to positive proof of actual innocence in his defense, and yet he is convicted on appearances which are not onlv innocent, but it is admit ted that he is innocent of any actual wronir or impropriety. It is said, that the law is aimed at the scandal of a man living with two women, but there is no scandal whero there is no criminality. Scandal re suits from criminal or conduct which implies it. But it is inverting proof to sav that "scandal" proves the crime The vice of the construction contended may be for, is in assuming tnat evil of proven by appearances, in defiance the truth. Appearances.irray be evidence of facts, but they are not the facts themselves nor cas they overcome facts. The reason why the lawmaker in this statute discarded the usual "ad- adiectives'lewd," "lascivious," word as a to the prefix etc., duiterous," "cohabit," is an obvious one. ihey did not intend to permit an issue to be raised on the character of the cohabitation. It was intended to meet a pe culiar state of things where the parties indulging in the practice might claim it as a religious rite. They said it was not lewd, or lascivious, or adulterous, because the gratification of the passions was not. the object of it. Hence, to avoid this issue, instead of using ant of these qualifying words, made the offense to conit connection actual in the sist without reference to the motive or purport. But this does not prove that the actual connection between the parties was also intended to be dis pensed with. We admit that actual sexual Intercourse alone will not make the offense that constitutes the crime of adultery neither does dwelling same in the place constitute the offense, for that would convict every other aian in the Territory. But we contend that taken with the dwelling together, there must be evidence that satisfies the fury, that sexual relations exist between the parties. In other words, the sexual relation is an indis- all pensible element of the offense notana oj if out a necessary constituent, on its absence tne ottense cannot exist. There is another point in this case The Court which deserves notice. below added to the facts which it spec ilieil was necessary to constitute the offense, "that If the defendant, besides living in the same house and eating at the tables of these two women every third day, "held them out" as his wives, by either language or conduct, the jury should find htm guilty. Did the court mean tnat tne "con duct" already specified, living in the same house and eating at the tables of these two women was tolbe consicer ed as proof of the offense? If that be so, the charge gives this conduct a double If the "conduct" is meaning. first to be maintained as eviof a fact to be proved. dence and then as the ultimate fact, conclusion of guilt, then the "conduct" con sidered as evidence amounted to .noth ing, and it may well be said that the word "fail" was "not on the slate of the prosecution." If the court meant that if the defendant "held out" those women in such manner as that the public and the Jury would understand he was living with them 'as wives, which would imply sexual relations, then the charge misled the Jury, fox the Court distinctly held that sexual relations need not be proved or found by the and If the court meant that if he jury, once said that these4 women were his of since wives the passage law the' cohabitation, against it gave an instruction on which not one word of there was testimony in the whole case. Nor was there any "conduct" except that first specified In the charge to which such an instrnction could apply. So that this part of the charge, unless it was held to be construed by those facts already specified, had not one word of testimony for its basis. So, take any view of this part of the charge that we may, if was erroneous. I regard the questions thus briefly presented as the vital ones in this case and the Munser case, and I submit that both judgments must be reversed which I thus have indifor the errors cated. f mail BUOKIiK rSHN- - Spring and Summer 1885. 'l KINK SClI.V.FFKJi A CO., WAN! FAT TG. turcrs of Marlil.ii'd Iron nnil I dt'.'llcr IVA.MTEl.N RDII F ANCY (iltAT BRASS GOOHS, etc.. IS. 111 T1I.I I 1 fini iiinatti, O. of the above goods constantly ou luinil. Whitewashing & Plastering For the convenience of my (u.- tmnerM ami linv'f the n il - I '.Ml l pli h i,' m'.m ')! '. 15V - f Hi; ir. f ' i H M mi vl ' . I nt. "I K l i Me l VHI). V .tiki IV i "iirjiol M IN, 1 oil ft Fillers, Tiers, Gas aul Stan . ip Where orders can be left ami lliev will receive m inj4-:- lie n I mil. vi iii:i.t. JAIVEES lmCOULT. riH.sr ( i.isstvoith I I DAVID JAMES & CO., HOUSE WEST OF VALLEY HOUSE, FIRST Tl Mi il CALCIMINING, AT THE M l.iliernl iliccnniit to the trule. e H.ilH itcd. 1. I). 1'ox WATSON 1J1JOS.. lin Manufarlnrcrs' Aireiita.Kf'i'p a ronipli-ti- 1 CliOTII AND TltniMIA'C.S sl.-il- (JICll T I! M M t(. IMMBNSH5 STOCK! t.t-r- Vi (S K v V nn-l-- iikvso.v-Aiti.i- : i ri? rv ic i ii . AHB PEUPAIfffil': 'TO DO I'luinbiiigrfCas Fitting and Strain lleat inf Tinning, Koofiii. (Jul trrln, Ktc, il IN ALL ITS BUANC1IE8 OS 8HOHI NOTICE. City Water SALT LAKE CITY BREWING CO. Pipes and Fixtures put in on MiTK'lC. Reasonable Terms well-kno- Why Shake? "Simply because I have chills aud fever," says the shaker. But why have chills and fever? "Because malaria got ahead of me,' Now neighbor remember that Brown's Iron Bitters gets ahead of malaria and malarial fevers. The Rev, Mr. Rielly of Fayettevllle, Ark., says, "I used Brown's Iron Bit- ters for indigestion and chills, with entire satisfaction." It is the best tonic and enricher of the blood known. k r.Fi; to iM'"i:.M ti' ami ihe luiblie W palrons mwy H u i al ni'i a:!;. i Williunin & ticnniis one tloor Post Oflice, "mil Hill A Ti ewliela, ul' tliu It ( 11 op.o--t- reTribune Office, arc ilnly antliinie,l t '"l" "in p. .filial- Iii.hmI- ceive onle Beer. We hue n oilmr iilm in in Mil- i'v. ilial-li le n:nl lrdera may llirnrrj Ollicc, ly televlmne No. ::i. Gooils Jirolliplly (h'!iere;l tt air. l':.lt of J ArOil AlulH , the city. ami i il ls. d tf Call and Examine our Slock of J'lutnbiitf Supplied, Gas Fixture, Hater lUfteri, Etc. 67 ISTo. ST TKLXPUONB 3jI3sT STREET. AT COMMUNICATION Orfll'K .Nil 1 o 1ST oe. tj and North Point Irritation Vdiii)'" nj The lirighton . Office nt 70 S. K.a?t Temiile Street, Solomon lirof. at Uoki'a Shoe Morc.J & bALT "I.AKK ClTV. MlV 21'., AKE DKLTNyCKNTUPON TIIF. deticribeit Shares of Stock in the above Company, on account of afscw.-mennml Ihe levied on January 2ih, several amounts set oppoxite Hie name- - of PAPER! PAPER!! T1BT.E t 1. the respective shareholders as follnwn, and in accordance with law, so manv share-- nt each parcel of such itoCka will be noces-fiary- , will be nohl at the Brighton Meetm House, situated in Urifrhtnn, Salt Lake Utah, on Thursday, June 25 l , County at 12 o clock a. ni ,to pay ilelinuent usm'sa-menthereon, togellwr with the cost ot ad veitisinir and expensij of the pale. 1 C4' ltl'S II. 3f ana fact urrrs l.ul.I), Secietavv. No. Aia'l of cr of tillcaie. shares AVm'l mm hesebgt sin's ; and No. of Name. t Cooley A. W M Cochrane (i. Cochrane Frank 17'' :il 7 17 il71 Cheeney Natlisn Clavrson H. B Cohn Henry ' ' ITuntinfrton (;. W Hanson Nathan Holt Charles Jack Janien Morris Kliai .. Neal George A :.. Ruddy dohoN Hideout E. Taylor Stanley V Thomas JainoB .... . 1J HI I00K NEWS 4(i f no 1 40 ') .'I II ' ;M :f) J I 12 'i H 2 "2 1 2 ' 2;i l; u 11 .' 40 o o w no .' H in II. t;7 hi 22 MANILLA l ' 90 ;i 20 4 mi C 43 -- A : 71 : i.o 71 1 .. J oa M I 2,i AND STRAW Jp.A..jP IB. S (l.lOd SALT L4KE CITY BREWERY TO 'O TTJt 1A TIIO S: Ye arc now pollins oui favoritn Hei r m tar Parties desiring any of (ho above, are Invited to call and examine our Slock ami PrireH before purchasingr elsewhere. four and Eight Gallon Kegs. 81.75 "and 83.50 EACJI Tt) THE FAMILY TI1ADE. n JfsT- and Orders will be promptly alien. led li made to any part of the City. JIOUTTZ A CULLF.N., rropnetm-i- dtf DESERET NEWS COMPANY, CORNER EAST and .WITH TEMPLE STS.. SALT LAKE CITY. . Parents Cidrea'5 Slices will cm. ogoeb a nun ELD LROSS COTTACECOLDin HANDY PAINTS. rAiik' u s t tuF.iT raiT, gi'Al.ITT UU AAITEBI. Ojrilrn A l'aiker, man. rry, nfac tnreraof 1'mtiU. Koroal la, '.. C. AI. l. nil IU hrBDcbea. FINEST TAINTS ARD f TIPS 'PhtEbThc the tees. BLACK Magnolia Balm a secret aid to beautv. Many a lady owes her freshness to it, who would rather not tell, andyou cant tell IS EUEfl Rj In (A.S.T.CH) DR. in Ih-ah-- TRADE HAGAJfS KKaiKCNUK. I EXCELSIOR MANUFACTURING CO., eg v "V V V X XaMfll 1 HI, lWMJIJJ f M.'m i I , f S S . AT B. FERGUSON, OFFICE A RESIDENCE, 854 K. BEIGHAM STitEET. AST- - Telephone Bit, S e "BR':n . I attention given to CATARRH and ail diseases of the NUSK; THKOAT and LUNGS ; also to Obstetrics and o Diseases of Women. SiMiiiiaJ LEGAL NOT1CR. In the Probate Court in and for Salt Lake of Utah. County, Territory . V .;, In the matter of the Estate of Charles Button, deceased. XJOTICE IS HEREBY GIVEN, THAT JX Amelia Button, Administratrix of the sUte of Charles Button, deceased, has rendered for settlement, and filed, in said her final account of her adminlstra Court, tion . ef said estate and petition for distribution of the estate of said deceased and that the 7th day of July.A. !., IShS,ofat ten said o'clock a. m., at the Court Room Conntyof Court, in theCity of Salt Salt Lake and Territory of Utah; baa been by said Court for the settleduly appointedaccount-aament of said distribution of aid estate, ai which time and place any person interested in said estate may appear and how cause, If any there be, why said account should not be settled and approved and dietribtttion made as prayed - tor. Dated June I3th, Xz. "i " . . JOIIX C. CUTTER, Clerk Probate Court, 'dSW- - J" :, 3 ; ' - , X" H - IM-- CO m i -- .'; a-f- v Ji iv t - j. X i 'V ,'itr ul G228 fasffn IT, Ji k. , Main Street, at, T ft! W KKnS3 .j - sr yes. d , TJH PLATE; SHEET IBDfl.STiHPED VAR E & Tl NHERS TO OLS. i iT'oviBtxio iy ;t.;l.S,)lcrwAscnts 1 o Salt Ialco 525." Jtn JUOiifs, MO - Lt, JhEm 3m City.;