| Show court proceedings IN OGDEN f OGDEN CITY utah U tall tali june junu uth 1885 editor deseret news there was considerable con sid erable disappointment e experienced X ellen eiten ced today to day dabby by m many any who dt attended the district court t which opened this mornin morning at 10 clock the officers olli cers ol 01 the institution M were present in force amon among the members of the bar I 1 noticed W rl II 11 DIck dickson son bon C S varian F S richards P hemer H emer sin I 1 ransford smith J N kimball kimbail H 11 and many others the ahe bhe minutes of fridays proceedings were read by the clerk and endorsed by ills his honors autograph the court room was crowded with spectators anxious to witness the trials of those who were charged with U unlawful u lawf ua cohabitation WITH TILE tiie lla lia WIVES the case cae of james 11 II nelson nehon sr was the first that was called the defendant being arraigned listened to the indictment iu in which he was charged with liy lly hying inz ins and cohabiting at the same time with sarah E nelson and anna ana peterson as his wives and not bein being quite ready reads he was given u until I 1 antil we wednesday to plead the next called was that of job pingree also charged with unlawful cohabitation with more than one wom woman an in this case judge it K williams of counsel for tor the defense filed a demurrer to the indictment in which among many other things he stated this indictment was found by a body that had no legal existence in this territory viz A GRAND JURY of the united states of Ai america 21 counsel said that such a jury had no existence in utah he cited various authorities in support of his position that the findings of such an alleged grand jury were illegal in this court and that the alleged offense is insufficient to establish a charge against the defendant counsel also stated that the indictment charged two of offenses offences in the same complaint which was unlawful that be he is living with the separate women which under the edmunds law would be two distinct crimes in reply to the question by the court as to anether wn ether if the grand jurylo jury is a martof part of the district court the judge of which is appointed by the president of the united states confirmed by the U S senate S and paid his salary by the united states they are not therefore united states of said they were territorial OFFICIALS judge williams said the intent of the edmunds law was to protect the home and therefore he was in sympathy with the territorial supreme court iu in its definition of cohabitation counsel argued that it had not been shown that defendant bad cohabited with wt 1 11 more than one woman as his wives hut but that he was charged with cohabiting with more than one woman it ought to be proved or shown that he had a legal wife in order to establish the thu charge of unlawful cohabitation against nim him according to the edmunds act this had bad not been done the argument of judge williams consumed over an hour and a half at the close of which the matter was submitted to the court without any response from the prosecution ills 1113 HONOR then said the grand I 1 jury is a united states body it is sworn to thoroughly and truly investigate crimes against the united states as well as against the territorial statutes thus it acts in a dual capacity he overruled the first point iu in the demurrer in regard to th the thi second point it was not necessary to prove that first or lesal al marriage haa bad been consummated the law he said was not enacted to punish unish offenses the first wife wite iut but to punish offenses against the public polygamous marriages may be proven without this OUTWARD ArrE appearances ARANCES may indicate whether or not a man Is married in to more than one woman if such appearances do thus indicate the of tense offense is 1 committed ile he is gul gal guilty ltv ity the second point in the demurrer wag wai was overruled as also all the others the defendant was then arraigned and plead not guilty the trial is set for the second of july james taylor was arraigned and pleaded NOT GUILTY to the charge of unlawful cohabitation the defense was ready for trial and requested that the case be b e at once proceeded with but the prosecution were not ready and asked for a continuance mr air varian said in consequence of the absence of material witnesses witness eg they were unable to proceed with the case milligent Dill igent but fruitless search had hart been made for A annle annie dyer and Annle Bailey balley alleged plural wives of tile the defend defendant alfi the officers could not find either cither of them mr air varian said the evidence of these witnesses was important they had each testified before the commissioners sio ners court in this case ile he expected to be able to prove that they were polygamous ilous wivis of mr james taylor mr richards urged that the trial proceed edas as the case nad had been set for trial a month mouth since and he considered the r reasons I 1 for or d a contin continuance as advanced by the prosecution were insaf the court conzi considered dered it would be ic injustice i stice to f fhe he provocation aaion to f force orce them to trial in the absence of important witnesses and therefore his honor ordered the case continued for the term in reply to a statement by judge K R K williams mr nir dickson said sald annie dyer dye had been before both the commissioners mi ners court and the grand jury bonds were secured for her appearance an and 1 I he asked that these BONDS BONUS BE DR F FORFEITED the court was fully of the opinion that the bonds ought to be forfeited but he would take the matter under advisement until Tuesday tomorrow to mornin inor nin ile he excused the other vit wll nesses in the case till the next dext term of court judge williams then addressing tho the court said he bad just been appointed by her tier agent to represent annie dyer but his bis honor said he would bear ri no more on the subject till tuesday an indictment was lead charging moroni brown with assault on george marth defendant plead not zuil zuli guilty ty p another indictment char charged ed james 11 brown with assault und and under e r cover of authority lie he entered z a p plea piea lea ica of liot not ilot guilty other cases were arraigned and sat for hearing ut they are of little int interest erthe to general public the case of the IJ S vs F A browl is set for tomorrow to morrow forroi morn mornin mornine inc inz sr WEDER |
