Show ehe THE CASE THE commissioner lloid HOLDS HE HAS POWER rower TO PUNISH FOR fon CONTEMPT EV lit at 10 this morning the parties interested in the john W snell examination were present at the office of commissioner mckay to hear the decision on the question of the commissioners ners power to punish a witness for contempt the decision holds that as a magistrate the office of U S commissioner in the territory of utah is judicial that the power vested in the supreme and district II strIct courts to imprison witnesses until they answer questions does not belong to the commissioner but that 1 given 1 I ater ven to justices of the peace and 0 other mai mal magistrates strates under the territorial law laws s to punish for contempt does eliza shafer the witness who is alleged lep leg oed ged to be the plural wife of mr snell was then called and the questions read as follows have you ever occupied the same bed with him if so during what time have you and he not been living together as husband and wife in plural or celestial marriage during the past t three vears to these the witness replied 1 I still decline to answer commissioner mckay then said it appears to the commissioner that are guilty of contempt under the statute and it is the order of the commissioner that you pay a fine of 25 and be imprisoned for one day and that vou tou stand committed until the fluell flue Is paid during the passing of the sentence the commissioner ma maintained in talked a serenity of countenance and cal cai calmness umess ot of demeanor strangely at variance with his former exhibitions on such occasions the question raised by mr kirkpat rick yick as to the definition of I 1 unlawful cohabitation 11 given by the Supreme court castlen was then taken up u p mr kirkpatrick asked aske d mr va varian vannan ajan if a man lives with more than one woman thel thele e being no marriage relation or any pretended marriage relation is it co cohabitation 11 abl abi the assistant to the district attorney evidently felt that be he was unequal to the task of a discussion on this point with the defendants fend fenc lants ants counsel and evaded the question b by saying the proof tends to show that the marriage in arria e relation does exist kirkpatrick I 1 understand that mr varian does not differ with me as to the decision that it is not unlawful ua cohabitation when not in the marriage relation varian oh I 1 do I 1 do not wish to discuss that question there may be cohabitation without marriage I 1 ae there may mav be the habit and repute of marriage aman A man mau may live with his wife and not be married to her after further vain attempts to learn from the prosecutor rosec uton what he be considered cohabitation was it was wag decided that an adjournment be had bad until this afternoon to refer to the mhd supreme court decision it having been understood that the question of contempt was to be brought before judge zane on habeas corpus and the judge not being home the sentence of fine and imprisonment was revoked until such time as the witness was instructed to appear and receive sentence on condition that she would assure mr air kirkpatrick of her presence when wanted this the witness did and the habeas corpus proceedings ce edings will probably be heard oa on monday next at 1 3 9 this afternoon commissioner mckay decided that there was probable cause to believe anat mr snell was guilty as charged and anti fixed the bail at 1000 which was furnished by J J snell and G 11 snell |