Show i THE CLAWSON f CASE MOTION TO QUASH till THE indictment it will ivill be remembered that on monday mondal last elder rudger clawson the dal dai de defendant I 1 enfant in the tiie latest case of polygamy that has come before the third district TI strict court appeared with his counsel F 8 richards ll ichards hards esq before the court and asked and was granted an extension of time until today to day to plead lead to the indictment found against ainest him on by the grand jury it was believed that a motion to set aside the indictment would be made by the defense accordingly accordingly at 10 this morning mornin the h e deafen defendant went before the court anu and d by his attorney mr hir richards made the lowing following f ol motion in the district court for the third judicial district of utah territory county count of salt lake motion to set aside indictment for polygamy my the united states 1 vs rudger P clawson J and now comes the defendant rudger eudger clawson who was not held to answer herein before the finding of the indictment and before pr proceeding oil on ills his part moves the court coset to set aside and quash the indictment 1 herein on tho he jol joi lowing following rounds grounds said sald indictment wab was 1 n not ot f found or p presented by any legally const constituted grand jury aja tile the supposed grand J jury ury found foaud and presented the indic indictment tin t was waa not selected or drawn or imp atelleo ifil ledas tedas as provided bylaw anat gnat twenty nine alne persons were drawn and ana summoned from which to td Im pannel a grand jury and andt fifteen of the them each of whom was a qualified grand juror were illegally excluded from said grand jury jur on the challenge of the prosecuting At attorney tompy 1 that I 1 hat the names 0 of f five of the grand jar juhrs far rs who f found and resented presented I 1 I 1 said si n lit tit ament were drawn from from the gen lal ial ra ury iury t the 0 year 1884 without aay any notice of taid drawing as required b by law and said sald live iber persons sons were aced on said grand jury contrary to law la w that the grand jury which found an and I 1 presented sald said indictment was composed i of only ten pi persons Drons drawn from the I 1 jury ury list as required by law that by order of the coart the names 0 of f thirty persons were first drawn and afterwards the names of ten more persons were drawn from ohp cenera engral en crai cral lr jury list to constitute 4 a crapof orana jury when bylaw by law a grand jury jary mu must st be composed of only fifteen men this motion is made upon the indict ment the record of tho the court in the proceeding and the statement of facts filed herewith dated april F b S rechard Att attorney oriley fag fog the tho was received and filed buto but gwng rii ril ng to the attention of the court being kon up with the hopt murder trial arguments upon th the motion emotion were deferred until that case has brendis ased of this will not be before saturday cosed saturday at the tiie earliest |