Show PROVO PICKINGS FIRST DISTRICT COURT DOINGS la in the be case of the united states vs Lo leverage indictment for unlawful ul cohabitation that was wag called tuesday at noon W P toe the defense objected to the na tb ie n t on OB the ground that the only wi witness neais endorsed upon the indictment was the defendant himself mr james ELS made an argument against its glency mr hiles Ass assistant litant district attorney stated that the objection w was captious and should be summarily sat down upon that it bad been the practice in some instances tor for the defendant to seek to go the stand land as a witness tor for the prosecution lie he characterized it as a nasty quibble and should not net be countenanced by th the e court S B R thurman Tb urman for the defense replied replied to the argument of 01 mr hiles I 1 ties instantly A and nd said u 01 have no doubt that it if the district attorney had bad it in his power he would summarily um marUy sit down upon the proposition advanced as well as every other proposition that would in the least dere gree afford the defendant a fair trial nut but I 1 thank heaven that your youir honor is u upon a the bench e c instead of the district A attorney orney 11 he stated that until this day in this end of 61 tue districting district in all the eases es of this class the dependant dele delen dant had bad voluntarily goob gone upon the beaud and mado made his big statement with the te view of not Inot subjecting his family to the annoy ance of answer ing improper questions 91 the District Attorney that in all ail uch cases the defendant had been convicted that the utmost good faith g bad ad been given and in the light of reason on and experience there was no occa tou ton tor for the he ground made by the district dietrict brict attorney but in the case of mr arkwood which bad just been tried W 0 defendant had made TUB THE SAME OFFER with the orme purpose in view which offer had bad been rejected by the prosecuting attorney that the same attorney n F had called and had paraded them baoe becore the jury and then stated that to toe e witnesses were absent possibly by the procurement of the defendant himel self mr thurban said paid that it was unfair and nd unjust and intended only to brej prejudice a the winds minds of the jury ainest the defendant and because of t the te unjust and unfair proceeding on the part of the district attorn attorney 1 ey the defendant now demanded at the hands bands of this court his legal rights and proposed to stand upon whatever rights he be was entitled to under the law he demanded that this indictment be quashed set aside and dismissed for te reason that it was not found upon legal evidence for the reason that i was wa patent upon the face of the indictment that the evidence upon which it t was found was Ju insufficient sufficient to convict that the confess confes 8 ou or admission of is never sufficient lu iu any case base to sustain a conviction that there must be corroborative proof ot 01 the corpus that in these cases the defend defendant Aut being the only witness examined before the grand jury we mast not presume that his admission or confession or whatever whit ever I 1 is may be termed was unsupported by any evid evidence tuce whatever THE COURT intimated that lie be was in accord ir w with th that view and understood dundei stood that to be the sole aim of law whereupon the district attorney in reply shunned the issue would not confers the point and awaked that the indictment be on the deficiency in 10 other PON pomp the court dismissed the ind indictment lehment let ment the jury jars in the kirkwood case were out two hours and twenty five live minutes the court sent them word he be would adjourn in teu minutes when they came in and rendered a verdict ot of guilty on the two indictments w a char charged ked in the me ease case of the U US S vs charles hardy in resisting a U S officer charles N redfield deputy marshal was placed on the witness stand he lives iu in provo was commit signed belore before ireland three years ago last february the commission was exhibited and oble objected eted to by the defense defence J ae E booth upon the ground 1 ithac the commission was wa not SIGNED BY IRELAND as u U 8 marshal the objection was overruled and an exception taken had been acting in the capacity of deputy barkal something over three thre years eyears received the subpoena from the third district court for service upon one jennie seaman beaman alias J hill the writ was to bring her before the grand I 1 jury ury at Sait Lake produced a copy which was objected to by the defense on the ground that it was not certified to overruled received the subpoena on the third of march at 9 30 am the person on whom the subpoena was to be served lived in the ad ward of this city served the sub subpoena pena soon after securing it on oa that day I 1 went down to mr hardy and sent the bailiff to the back door I 1 went to the front a chair bald ini in the e door I 1 knocked two or three times but nobody answered the door was open and I 1 went to the inner hiner door and knocked two or three times limes at last there was a young lady came to the tee door asked for miss hill told her I 1 had a subpoena for this lady aad ad asked whether miss hill was there and was informed she was not the girl told me I 1 could not search the house without a search warrant saw the defendant first up stairs I 1 went up the stairs teo counsel nasel for defense wanted to know what authority he had to go 0 u up stairs I 1 saw mr hargy hardy up I 1 stopped in ib jhb room aher mr hardy wasand aasand he be said you cant xo go through this house bouse without a search warrant and caught me by the laps of the coat and PUSHED ME DOWN STAIRS I 1 went to the door of another room and it was closed I 1 called for those inside to open it or I 1 would burst it open when some one opened it from the inside whom I 1 found to be the per I 1 wanted and I 1 served the papers e on n her before I 1 went hardy said w 1 0 00 me e lilt if you had come to my house houe I 1 in t the e n night I 1 would ha have e shot you I 1 t told id him if he had bad been young youn instead of an old nian man I 1 would have ave thrown him down stairs and that was all that transpired only that I 1 asked her the woman if that was her true name she said it was mr hardy seemed tol be very much excited when he met me at the stairs the old fellow said before I 1 left the rebels are in power now but it will be our turn next ON WEDNESDAY A at t 10 a athe case of the united states vs hardy was wab continued deputy redfield on the stand he had no search warrant supposed he be had bad a right to search the house bouse after entering it as he be had bad a subpoena it was his intention to break open the adoor where the lady was unless she it mr hardy then took the stand was in the house at home attending to his bis business as a tailor his big daughter dau liter called him down and told himer him mr td redfield was down stairs wanting to search the house mr hardy went down and met mr redfield said he would not allow him to search without a warrant redfield said he would knock me down unleash I 1 did I 1 told him if he be made the attempt I 1 would break his head and it he be bad come in the night I 1 would have shot him when I 1 told him not to advance that I 1 intend edo defend my integrity redfield threatened to knock rue me down again I 1 told him to advance and I 1 would the top of his bis abad off I 1 bad had nothing to shoot with but I 1 would take his pistol astol away from him he then called for for helfand hel I 1 started to put him down stairs but he hollowed tor for help and other deputies came in I 1 did not touch him with a finger the lady cam ethere fi from om sanpete and rented a room of me giving her name as mood so when thi the officer came and asked for miss hill I 1 did not know her if he had bad asked if a woman was there I 1 coul coald dhave shave told him yes but the woman was a stranger to me to the prosecution knew the man redfield was waa a marshal or some officer by reputation redfield Ked field showed me no authority no paper my daughter gave me the first information of redfield being in thi th town she said he had bad tried boget to get in had turned a key and a nd said he would break the d d old dour down abel I 1 first saw him I 1 asked him for his authority tho rity lie he said HE NEEDED NONE that he had a subpoena for miss ua shill ill when lie he threatened to knook knock me down he rea reached hed his hia hand in his pocket and I 1 thought it was for a pistol and 1 I 1 intended to grab erab it from him this was all upstairs I 1 am a free freeborn born citizen and mean to maintain the order of my house did not think he be searched in his pocket for a subpoena he said isaid nothing about it and did not show it I 1 prevented him from going toto the roo room in he did not touch me nor I 1 him it was all threats mrs hardy sworn the district attorney objected on the kr ground ou n d that the wife cannot testify for or against her husband 1 I the attorney for the defense said you dont mc mean an that do i 3 ou he was afraid mr district attorney WAS DEFICIENT in tome home other parts of his ed education cration as well as writing and referred to yesterday the statute laws of 1884 section 1370 settled the qu question eti OT she was a competent winess wl ness when called by the defense overruled MRS HARDY TESTIFIED to toe tle deputy being there and trying to break open the doors saw there was some trouble did not see it all mrs Oster look the daughter was called and substantiated the former testimony that mr redfield tried to open the door by turning a key the door was locked on the inside lie he threatened to break it open said he was going to make a search and if her father resisted he would break his head heard beard redfield s say Is to father when he went up stairs t that at he would knock him down father did not touch him redfield was called do down wal stairs stain by other deputies called at tile the door of the lady read the subpoena and went off to the prosecution heard mr redfield call for help and mr glenn came heard beard father say that if red redfield field made another move ne would blow his bis head off saw him put his hi hand and in his bis pocket X mr r G glenn came after afier redfield bed field i c called h d for fir help and told the latter to comedown he went down the case was submitted there were some arguments upon the brief of the dependant delen dant the arguments were made by prosecuting attorney hiles and J E booth attorney attorney ati orney for the defense and ad the jury went out wednesday afternoon a ter noon |