| Show court and otner other boink reaver city I 1 beaver co UT dec editor deseret news dear sir bir 1 I now take a few min utes to inform in norm form you of the proceedings of the second judicial district court for the week ending december 14 on monday thel the entire session of court was occupied in hearing the arguments of judge hoge lonmo on motion to quash the indictment in the case of the united states william fotheringham for polygamy 9 3 in mr hoge took the position that the poland bill is not in conflict with the utah statute Q hence the court had no right to dictate the number of jurors to be drawn or em paneled the local laws lawa fixing the number the court ignatee the number to be drawn at twenty three and fifteen ther therefore etore the indictment should be quashed not being found by a legal gnan gran grandeury gnand grand djury jury in accordance with the bt ft atutes of utah the first count of the indictment was bad because the luense was alleged to hav have been committed in 1857 before there was any law making it an lense offense of polygamy poly gamy not being au an orense at co common law and for the further reason that the alleged offense was charged to have been committed in bait lake city and out of tion of f this thia court the second count was also badior the reason that there was no venue laid the marriage being alleged to have taken place in 1863 ln some town to the jurors unknown not even giving county district orter and that the alleged offense in both counts of the indictment was barred by the statute tata lata tute tuto of liml limi tation the prosecuting attorney made a rather feeble reply saying if the court though thought tt reef reau the indictment was bad it was the courts duty to hold the defendant under bonds to ap pear before the third district court the court has not yet ruled on the motion J tuesday and were occupied in the trial of gilbert A 11 smith for the crime of adultery it ap appears pears t that at smith a A few years ago inar married rl ed a woman at miners ville vilie by the h name of Barnes the parties parti esuo esno not t living happily together separated having no divorce 0 B smith afterwards went wont to nevada where he be married arain again andi andt brou brought 1 ht this wife to minersville Miners Mine ville reville an indictment was found against him bim nearly two years yeam ago for the crime of adultery with the comans womans he married in nevada judge judges spicer counsel for the defendant made a very able argument argumenti show shoto ing that if the defendant tras was at all it was not adultery butt bult bigamy and that the prisoner ought to be acquitted and ko go hence without day the court charged the jury that if a man was married to several wives he was wat guilty of adultery with all but the first Th the jury eJury which was composed of six miners outsiders and six bix mormons cormons Mor mons retired to their room and after a short deliberation brought in a verdict of not guilty this verdict rather took the court and prosecuting attorney alack for tiey supposed that smith would ko goto the penitentiary penItent lary iary and a rew sew mormons cormons Mor mons would be a likely to rol roi tol toi fol low I 1 understand a govern government M L ent eni official remarked to a correspondent of a bait balt lake paper that the gen t tiles es on the jury voted on the tho firsts I allot ballot to acquit him so it was tim for the gentile papers to i f ing about morman mormon jurors I 1 absalom 11 orter dowde dowdell wro who was under linder bond bonds to hwath we sie sic action of the grand juby Jury jur jut fen fer fen bigamy was vas brought into court on oaf omi tuesday es day and simeon himeon filin eon bon hond and edward nelson elson eison gave bonds nor nar his appearance in court next morning at 10 w a in dowdell dowden concluding to clear out and leave his bondsmen bonds mem to foot the bill went as far as min er erhville avIllo ers ville in the night A friend of tot his bis advised him to go back and andl not betray his bondsmen and andi brought him back to beaver in the meantime his bond bondsmen were ochia track thelga they gave him up to the court and were released from their bonds and dowdell was lodged in jail tali to await awalt hib alb his lis trial trials which will not come onn off till the next term of court mrs dowdell the other night asked the sheria sherla sheriff the privilege privilege of living in jail jall with her husband ausband and claimed it to be heb hen right as an american cIt citizen lien llen but the sheriff could not see sed the point court has been occupied for the last two days in hearing the case of isaab riddle vs minn prisley fresly being a civil elvil sult suit for dami damages ngo hoge hgo and christian for plaintiff aul ane and aue beall and spicer for the tte defendant this case is adjourned till monday weather beau beautiful tirui all Is quiet and peaceful besares |
