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Show She 9jflrii gmution. and SATURDAY, by thOoDJf J'uueiHa Compak r. Mimrw, to whom all 0. W. I'KNHOSK, Huniin-BuaUiess cninmuiucatuitis should bo addressed. V Ftblishad every WKIINESUA Kuitor. C1IAKLKS W. PBNUOSE, o;ih:, utaii. Wednesday Morning, 0fe. 18. 1871. Couiiiiuaute of Hie Cruade. The following exception to tbe language of Judge McKean iu bis opinion, inoverruling tlm motion lo quaah the on wns Saturduy presented dictment, iant'kud'flled with the clerk, Ilia Honor Mating, 'that though bo had permitted it filed, ho would not regard it as a to-b- '. precedent:' . Territory of Utah, SB J Third District i;ourt, Of the The People L'uiled Slate, September Term, in the 1871, , Salt Luke City, Territory of Utah ' r Eriglmm J'onng, Ju. SteKean, Jtulye of the above entitled Court. 'We, the undersigned, of counsel for To the Hon. 11. the defendant in the above emitted ouue, rexpeel fully except to the following language of your honor in your opinion upon the motion to quoad the indictment herein: ' "The nuprcme court of California has well fcaid s 'Court are bound to take notice of the political and social cond'tiou of the country which they judicially It is therefore proper to say thai rule while the case at ihe bar is called 'Tlie J'eopte veriun HHrham Yuung, its other and real tide is Federal Authority verms l'olyyamk Theocracy ' The government of the United Stales, founded upon a written constitution, finds within its jurisdiction another government claiming to come from God imperiuin in imptrio whose policy and practice, in grave particular, are at variance with its own. The one government arrests t he other in Ihe person of its chief, and arraigns it nt the bar. A system Is on trial jn the person of ISrigham Young. Let all concerned keep this fact steadily in view; and let that government rule without a rival which shall prove to be in the right.' If the learned counsel for the defendant will adduce authorities or principles from the waole range of jurisprudence, or mental, moral or social sciences, proving that the polygamic practices charged in the Indictment are not crimes, this court will at once quash this indictment and charge the grand jury to lind jio more of the kind." The indictment in this case charges the defendant with "lascivious cohabitation," Hid not with polygamy or treason. The statement of your honor that a fyslein ;of polygauio theocracy is on trial in tins case in the person of Brig-liai- u Young, coupled with your indictment are nut crimes, is most prejudicial to fair trial of the defendant, in that it acumen that tho defendant has been guilty of the aots charged in the indictment, and that the law and not the alleged faot will be on trial, ittotion has been made to quash the indictment in this case on the ground that the acts charged therein are not crimes, nor has such a proposi tion been advanced on argument by anjr of dfondant's counsel herein. We submit thiii no "political and so- -' cial condition of the country" can relieve the prosecution of the task of proving one or more of the acts alleged in the indictment, and thai unless and until such proof l made, the guilt of the defendant ought not to be assumed or even conjectured by the judge before ' whrnh he, Is to be tried. ! If any presumption Is to be Indulged ia, It la that the defendant Is innocent of Iheeharges preferred against him, and j that he will aocordingly plead "not guilty" te the indictment, and that pre- -' suriiptioa remains hnti)' the defendant (fleet t plead either "guilty" or a apeeiiil plea of justification, which latter lyive not heen suggested by either the defendant or bis counsel. In so pleading not' guilty" the defendant will not say that tlie acts charged in the indictment are not crimes, but that he is not guilty of the acts charged iu the indictment. " '"' ; Thaw there will be a question r,f fact for a jury, and we submit that in the dutcrminatiou of that question the of your Uonor herein referred ' language to cannot1 hut teud to the prejudice of the defendant, and we therefore except . t ; lalhe iuitie'in t 1 ' IFtrcjt & Mans, j ,o . , - '.;. (IlKMPSTKiD & KlRKrATRICK, Sxow & Hook, . Hoska Stout, , A. MiJiKit, r LkGbaxo Y'orsa. fi. t,....l.. I., . !.. !.l - Cfigham Young and Daniel II. Wclla ,i,n jhe Third District Court, (I appear and pleadd ;'5!ot guilty" to the indict- wents agaiust thoin. ,TUe prosecuting attorney auggested some future time, ' a week or as more much timo as might be necessary, be devoted to criminal matter to the that, at exclusion of all civil business. .""Major liempsteai), for the defence, requested that,' iu view of the magnitude of the case, the length of time necessary to prepare for the defence, coupled with the fact that the prosecution intended to introduce-newitnesses who were not (1 rand . - iH't'ore tli Jury, the eases be nstponef until the March term of the Court. ;, ,, His Honor; withonl decidijig for er ''eigainst Uie application, iutimated that sufficient ..lm for preparation would yfe allowed kv lite entire slifaotiin ef all ptniies eimeerned. Tire! Cricket MatcheM. The late terrible conflagration in the great ci'fy of Chicago ought to make our folks at home cast an eye to their own chances of escape in case of a fire in a high wind. What protection has Main By particular request wo publish the following full score of the cricket match, street, Ogden, against complete demo lition in such an event? With the ex ception of the force purnp at the Z. C. M. I., and the tank at Walker Bros., there is no provision whatever against utter destruction. And how long would their supply last? All the water from those sources would be exhausted in a very short time, with continuous pump ing. Main street, Ogden, would bum if a fire like a bundle of match-boxe- s reasonable a once obtained anything like start. Would it not be wise for our mer chants to set about providing some against a catastrophe precautions which is by no means improbable the entire destruction of our prinOne cipal business street by fire? thing they can do, and that is, use a little more caution. Stove pipes pass through walls and ceilings without proper protection, stoves stand on wooden floors with nothing to receive falling cinders, burning embers and hot ashes are thrown out into thcyards and streets, and great carelessness is indulged in, in many ways. All this can be remedied. for if the owners of property do not take proper care of their own premises, the municipal authorities can enforce the ordinance iu,sucl case made and provided, and save the city from the effects of such careless folly. An ounce of pre vention is worth a ton of cure. Dried Apricots and Tenches wanted nt the Z. C. M. I., Ogden. They C3tf must all bo peeled. played on Tabernacle Square, Ogden, Out. 0, between the Deseret Union and YYellsville Clubs; the former of Salt Lake City and the lutter of Wellsville, Cache valley: 0 0 b " McF.arl, Tullidijo, J. Total runs A short time since, an engineer on the U. P. E. H., boarded for a few nights at in this a respectable boarding-houswidow was a where staying. young city, e who is engaged in marriage to a gentleman, and is shortly about to the conuubml state. The engine driver had a short conversation with .the lady, and presuming on that short acquain lance, had the impudence to send (he following epistle, written in a scrawling hand, scarcely decipherable. YVe only give the initials, though the conceited coxcomb wrote hi name in full. ' Evanston Oct 12 Dear Gate I hope you will excuse me for calling you Dear but 1 hope the time will come when 1 can I am at Bryan to day and I can not Say when I will rnnn to Ogdan would you have ony objections of coming to Kveustono hoping to here from you i r Soone Hoping you will excip my Love Yours W F M , y W F Please adress rlvenslan 1 have sent the Furra to be Tanned I will wnte till I go to Omoha Hoping you are well as I am at Present hoping to hecre from yours soone and that your Tothe is Well by this tine For Ihe the Present write toEvanstnn My Love I have come to tlie conclusion it would be beter for you to Boord this Winter than to Keep house What do say Let me Know The lady la utterly at ft loss to know Ihe meaning of the allusion to "furrs," but thinks it must have reference to the eat, and that "Dear Cate" is the writer's peculiar way of spelling the name of the furry feline. For a specimen of "cheek" we think the above effusion ' will bear off the palin. Brown. J. Young, J. Tullidge, II. McEwan, J. McEwan, J. Piatt, PRICES 8E00.1t) 8 10 McEarl, J. McAvoy, J. Home, 2 7 2 0 2 " " I1IH ad BUS' USUAL. MACII1IS Sewing Machines Price $1.00 proceeds The IJest iu the World. TEASDEL & CHARLES Co's. FOR OGDEjST CITY COXFEKME! TWO XIG1ITS OXLY. royaiTyeddo Japanese Troupe. " r. o.. FT All A RTIPTKS. INCLUDING " c. o. J. Brown. OIXTKESLADY FKKKORMKKS. The mest O Three " b. o. G. Parker. wonderful company in the world. o. " r. b. o. J. Colburn. Monday A Tuesday Evegi., " October 23rd und 21th. " not out. 50 75 AdmUtion: cenU, rents and 25 cents. K4-- Total runs 55 INNINGS. run, c.o. by II. McEwan. runs, not out. 7 " not out. winning, and having nine 1 YYellsville wickets to go dowu. UTAH HOTEL, maix sTiiEiyr, UTAH. oai:, HOUSE IN THK formerly knoivn an the White llotiMe, is greatly entitled, thoroughly renovated, lofur-nleheand provided with THK ONLY FIRST-CLAS- Taylor Are & Cutler, BATH ROOMS, MERCANTILE INSTITUTION, a lot of Goods for Conference, consisting of just receiving Prints COOTS & SHOES, Hats, Clothing;, Fancy Tea, Coffee, Sugar, Conference W. DAYIS' STOBB, SAIT LAKE BEST GROCERIES Store, DRIVER&NELLIS Oil. llriiIis, Iye When yon to eall at the GLOBE BAKERY Craekers and Fine Bread, Confeetionery, Sanftcvainc Hitters, m PERFUMERY FOR Wines, Liquors, and Cigars. 8 WntriiEBRoaM Ilia rliwipnst place In tur liuubt & hixtx. l'rxduca tnkuu. S.-- ail. tfviiii Canned Fruits, etc. Messrs. Grecnwell Impbovkmknts. Prescriptions carefully compounded. and Wright, having purchased addition a are about to erect and land, large handsome butcher-sho- p on the site of J&rPUMPS! PUMPS! PUMPS!"! their present place ef business. They SAl.R AT TIIR TITHINO OKFICB are enterprising men, and deserve the FOR Ogdeh, by DAVID M. STUART, who has on hand a lot of Patent an drive-we- ll success which they have achieved. They PUMPS, with patent points and suitable fixed to all order. Call and sea them piping, at are now constructing a culvert in front tlie Timing outca i ard, Ogden. of their establishment, which will greatly improve the approach to it. Main Street, TIIH m?U(TlEPARTMEXT THE LTQi;( HrnKl'AllTMEXT Contains tlie clmirrt ?ln t:nn nf AVincs, Brandisn, Alcohol, etc.. ere, nil nf which - now hin 4J vt tlif very pimihle pricn. Prescription! carelnlly compouiHoil Iit a Competent DrujijtisJ. P.S. All p:rtici indebted to tho 1st and 3rd ami 2nd Ward Stores are requested to settle Immedi. MercantiU ately wi'h the Og ien (Ity Institution. ot R. ISALLAXTVNE. IMPORTANT M.T NOTICE. AND mimics. Iuro Groceries and Canned Preserves. HOME-MAD- E CANDIES, II. & , Masons FIRST Plasterers, 0 WARD, G D K X . Oil ADOniK WORK in superior stylo. CHIMNEYS BUILT TO OKDEK. Plastering and Whitewasliine equal to the very best. C. H. MORRIS, OGDEN," MASON AND PIASTEREB, JOBBING DONE FOR TRADE. . THE s Work guaranteed. Furnaqe of all kinds built in the beet style. First-clas- REMOVED. T TAYLOR, MERCHANT TAILOR, HAS-f- f Removed his Kstnlilishment to MAIS STREF.T, Opposite the Livery Stable. J. T. has just received a new, full ana Choice Assortment of CLOTHS. Cassimercs, Vestinps, etc., which ho offers for sale at prices wmcn win ueiy compmu". Ho has also at his establishment a uew class of goods, such na has never before been offered in this city, which bo invites Ins old and new men 77tf to call and inspect. CITY BAKERY ASD California Fruit Store, & hours. All kinds of Fruits, Confectionery, a general assortment of Groceries, Provisions, choic brands of Tobaccos and Cigars, fresh Bolognas and Pickled Pigs Feet, etc etc can always be found at the City Bakery. a JULIUS KIESEL, Proprietor. 75-lr- WAGONS: & FARMING OUCUk. K1BU. & STOW, TIRICK ROCK. Don't forget WALLACE'S, East Side nf WAS.XKI TV. Wholesale and Retail. K1UJU Siiperitir'jndont LUNCH ICE CREAM sTJMMETt s, Option. City. Fiftli Street, LAGER BEER AT AU Xative and Imported FRUITS. Nuts, Cakes, Crackers, Ham aud Fancy PASTRY. C5-- 83-- 8 H. Hi. Xo-lion- Comprises a full and roinidcto aatortmrnt of Urncs and Medicines, Paints, Oits, Varnish. Unifies and fancy articles. II. WALLACE'S, GROCERIES. n I., etc. SOAP, LYE, etc., G. City Druc M. TINWARE, Visitors to nader-BiKue- to Z. C. THK Pl'BLIC A CUOICH of Geiium! Merchandise, cuinUtitig TO Delaines Ires Flannels Merinos DRY GOODS, lllankets CROOZniES, Cloaks Hats Itoots and Shoes HARDWARE, m NOTICE. Ioor evt OFFKUS As per announcement in our last issue, the single wicket match at the above named game, between Messrs. John Frost and llurbor Shop, Nephi Stephens, of this city, on the one side, and Mr. J. M. Y'oung, of the C. Which they are offering CHEAPER P. R. B.. on the other, came off on Satthan ever sold in this Territory. 4Uf Omnibus to and from all Trains. "Vtt urday last at 10 a. m., on the Tabernacle Paswnjera goine East from Salt Lake City may Call and SkeI square, and ended in an easy victory for now avoid the unpleasant tftk of an early mornride on the Utah Central Railroad by coming Mr. Y'ounjr. Mr Y'oung won the toss, ing Opposite Salt Lake House, to Ogden the evening pruviutis. bedecided and on taking the field first, KL'CKY & WILLIAMS, SALT LAKE CITY. 77-lProprietors. ing allowed one man to field for him. Mr. Stephens first took the bat, but did not make a long stand. lie was bowled out by Mr. Y'oung on Ihe fourth ball. Mr. Frost then took the bat, and was PEOPLE OF OODKX AND IT! are hereby informed that we, the rather more successful, scoring six runs THK have Should go to l'L ItC'll ASKI the Ituxiness and before he lost his wicket. Mr. Y'oung I'reniiMM of the U. P. L'KKVYKHY from Mr. A. Laudt. then went in and at once began to give We intend to carrv on the business with prompt Ihe fielders some "leather-hunting,- " but ness anil fidelity to unr customers, and solicit the ZNTETW" to after a short time Mr. Stephens, whose patrongc exteuded the former proprietor. Persons lioldiBjr emutv kee lieloneine to Mr. Three Doors North of the Old Meat rouud-arbowl.ng was on tho right Lamlt are rcoiieoted to return them to the Brew Market. forthwith. ery spot, found bis stumps, and he went out M. KCCH MILLER, CITY, for four runs. He then went on batting, FOR TUB J. SCHULKR. as Ihe agreement was that he was to have Oplen, Oct IS, 1S71.-8- 4-2 two hands at the bat to make the sides even. After some very pretty batting, At the lowest prices in Town. W. Driver. C. S, Nellis. Mr. Stephens again found his Mumps, The choicest brands of Teas ever brought but not before he had succeeded in seinto this Market. eleven runs. curing AVe make Tea a specialty. Messrs. Frost and Stephens then went 78.1m MAIN STREET, OGDEN. G. W. DAVIS. in for their second innings, Mr.S. taking the first ball; he made only one run go when a ripping ball from Mr. Y'oung Coiiicrenee, found his centre stump. Mr. Front then Dealers ia took the bat, but he was soun disposed FOIl IlnigM, itledifiiiPK, Paints, of, after adding one run to the score, Cheese, which then stood eight to eleven, being Chemicals Mnflfr, Cakes, three runs in Mr. Y'oung's favor, he Awsayors' Materials. Tlie Celebrated XtitN, cte. whining the match in one innings, and three runs to spare. IIOME-MAB- E CANDY, In former days Ogden need lo boast Pure and unadulterated. Home etc. Red Jiitlers, Jacket, of having a good cricket club, but lat. 78-iGOLIGHTLY & HARRIS. terly the "noble game" has been allowed to die out. We hope to see a good club And every Requisite for the Toilet. COXFEItEXCE! raised next summer if all is well, and Foreign and Domestic with the material we have among us for LL KINDS OF CONFECTIONERY AT players, and suoh fine grounds so close at hand, there is no reason why Ogden ' should not. bo heard from in the cricketing world next season, FINE ALES & PORTERS. BAR - ROOM, JF. STAVXEi;, Aye nt for Utah. Safe. 78-3- m 110! per IJoltlc.. Office .it CALPfiU MOTHERS, , repository of Music. They are for Sale at OGDEN THEATRE down. prevents the Hair falling off. It is producing ha:r on several 0&j heads in Suit Lake City. 77-l- m c. o. J. Colburn. St. o. 0. Bradshaw. WELLSVILLE SECOND a OCT1. The entire will be forwarded to Chicago, to aid the houseless sufferers by the late fire. INS1N0S, hit wicket AH VST runs, r. o. 0. Bradshaw. 8 " r. o. 7 - HAIR TOR ARE 6 3 W. Stephens, K. Collett, WILL TLRX SOBBS run, b. o. II. McEwan. 3 runs, c. o. J. Y'oting. 10 ' b. o. II. McEwan. U. Parker, It. Collet. J. Colburn, 8 " c. o. J. Murray, 8 " b. o. II. McEwan. 9 " c. o. J. Brown, J. Y'oung. C. Bailey, 20 " b. o. W. Stephens. D. Cammomile. J. Thorpe, 2 c. o. II. MeEwan. J. Williams, 2 " J. Deakin, 3 " not out. A. Wilkins, 5 " b. o. It. Collet. D. Cammomile, i TJisrKiisro-w- Etc., Etc. 1 LAKR BOTTLE OF THE GREAT To be followed by WELLSVILLE FIRST INSISQS. SALT A Dry Goods, BEN BOLT. Groceries, RESTORER! It is sure cure for Ealdnk 2'J J. Stoddard, 0. Bradshaw, John Deakin, J. iSrown, The committee appointed to solicit J. Colburn, Impudent ISailroader. J. c. o. JLST THY Will be presented it t CITY, OCTOBER 21st, 1871, G. Parker. " " ' 0. Bradshaw. 4 " 3 " b. o. 0. Parker. 0 " not out. M. Steputms, Aid for Chicago. All SATURDAY EVEN'C, D. Camtnomile, 1 run, c. o. ty J.Murray. G. Parker. o McEwan, ii It. McEwan, 0 ii I 6 " st. n. 0. Bradshaw. J. McAvoy, C !J. Collet, " b. o. J. Colburn. J. Piatt, J. Horn, J. Young, LAKE TO SALT TEASDEL & Co's J. ASF and receive donations in aid of the suf ferers by the fire in Chicago met at the City Hall on Monday last, at 7.30 p.m., and reported cash contributions received to the amount of $020, besides a quan tity of flour. Mayor Hcrrick went to Salt Lake yesterday morning to remit Ihe cash. The subscription list is still open. Those who have not subscribed have the privilege of doing so; those who have promised and have not yet handed in their subscriptions are requested to do Donations of flour will so immediately. be acceptable as well as cash. Some of our merchants have done exceedingly well, others have not responded with that liberality demanded by the occasion, and some have shown to the oommunity that their bowels of compassion are badly bound up. These are the times that prove men and show what stuff they are made of. Bait Lake is doing nobly. It is ex pected that the subscription in that city will reach" $20,000. For the Benefit of the Burnt-ou- t VISITORS V call at. Poor of Chicago. LAKE FIRST 1SMINOB. SALT LOOK! CONFERENCE! OGDEN THEATRE IMPLEMENTS.' j T. M. SKITS. EARLL & SMITH, Attorneys . tit Lar M. . 11A5IM0ND, MAIN FTUKET, OODBN, Opposite the Tithine Office, has for Scliulilcr and Uslit Wagons, at reduced Spring We regret to an 4 LL PERSONS WHO KNOW THEMSELVES rules. AND indebted to me, and whom I have accommonounce the death of Mrs. Erb, wife of SOLICITOR CH ANCKRY, dated, are requested te come forward and aettle Over and Mowers, Sulky noise Bakes, Reapers Buckeye Dunfurii k Sims' Store. East Temnln Street Mr. G. S. Erb, of the Railway Hotel in without delay, and save costs. . THK FlRK IS THK MoCNTAlS Plows, Cultivators, etc. rishop SALT LAKE CITY, UTAH, BM T. B. HELLER, Wagon Timber, Iron and Steel, of all E. N, Austin, of Liberty, Kkh County, this city, which took plaots at 11 p.m. called in yesterday. He stated that the on Monday evening last.- We join with tire among the timber in Bloomington the many friends of Mr. Erb in sympaATTOHXEY AXD COCA DEALER thy for him in his great bereavement. Kanyon is extinguished. Much dry timSELLOR.AT.LAW, ber is destroyed and some of the green Only a month ago Mr. Erb was rejoicing In all kinds of Produce, Garden Seeds, SALT LAKE CIT1T, UTAH. CGtf timber killed ; three bridges are gone, in the birth of a fine daughter, and now TWILL TITRNTSH M'MBER FOR fcl pwWOtt. EGGS, MILL, Cottonwood, Waber the his little one of is mother numbered but the telegraph poles, with one excepKanyon; or at the Ogdnn Depot, for CANDIES, FRUITS, Snow iell in Bear with the dead. tion, are uninjured. Mrs. enclosed Erb's remains were SALT LAKE CITY; UTAH, Lake Y'alley last Tuesday to the depth DRINKS, by Mr. Robert Wilson in an elegant casket, ' SELECT & FIRST - CLASS IIOUSE, Nsw RTa! Seven doors West of Main, on 4ot your Drugs, Liquors of three inches, but it has now disapJ. C. LITTLE, Proprietor, and Groceries at the City Lrug Store, peared. The toads ia the mountains are and foywarded. per U. V. Bsvilroad this Orders to. le left at tUq Jusction Office. Hi One Block, East of thu Tlientre. Main street, Ogden. f rather sticky, but are daily improving. morning fur Intermout iu Illinois. S1tf C, LAYTO.V, Soddik Death. k'T A, HUCCAN, LUMBER. GEOltGE W. TUKNEK' GENERAL .., BUTTEE AND 30 per 1,000 ft. by the AMERICAN Car Loud. Go-t- 64-t- f HOTEL, &c. SUMMER Fi fih OG-l- tf reef, glen. |
