| Show BASSETT AND THE GRAND JURY THE COURT DOES NOT RULE KULE DIRECTLY ON THE ISSUE BUT THE TENDENCY IS AGAINST THE WITNESS la in the third district court today to day rela re latiKe tige to the refusal of mrs kate smith bassett to testify before the gi grand and jury against her husband bishop wm E bassett Bab sett for the deaso reason n that she was his lawful ife ad was protected by the law mr mr Itaw lIns asked that the lady sworn on her voir dire I 1 that the question asto as to her being the legal wile of tho the defendant blight might be settled he thought this was ahe the only way in which the question c could be determined mr varian opposed the request he argued that the marriage of the defea defendant daut with a former wife was shown and that she was still living if the marriage of the witness was before the divorce of the first firs wife twite the grand jury wanted to know it and the coura could not go into an investigation of the issue that remained with the grand jury who could ask aak any question they pleased and draw out all the facts connected with any case the question of the competency of the witness could not oe raised before the grand rand jury but only when the causer came cam on for trial in the court w mr rawlins liaw lins called caled the attention of the court to the fact that the law aid the grand jury could only receive leyal legal testimony and if this witness way watt not competent they had no co right to compel ner to te testify stif fj the question of her competency as a witness was before the court and should le be determined that the grand jury could nut do what the statute said could not be done it was proposed to show that oat the witness was the defendants lawful wife his former wife having belen divorced prior to witness marriage this question had bad been settled by the territorial supreme court in the ease of the united states vs bernard white where it was said that a legal wife was an incompetent detent witness as against tier her husband husband hus banT ex bew where an offense had been committed against her the question of competency could only be settled by the cou court rt and the grand jury had nothing to do with its judicial determination mr varian contended that if it was shown that witness was married to defendant jan 26 1886 the grand jury had the right to ask whet whether h er there had been any prior marriage cere ceremony mouy mr rawlins replied that the law protected the legal wife in all cases and she was not compelled to be witness ex except r ept where a crime ha ba been committed against her til th questions propounded by the grand jury implied an understanding on their part that the witness was the defendants lawful wife a and they had no right to ask what they lid did whenever a witness was called before a court on this issue the competency of the witness should be determined by the court judge zane in ruling on the case said that afta ifta witness was the legal and the fhe offense complained of was not against her she would not be a competent witness if it was against her she would be the counsel lor for witness prop proposed ded to show that she was the legal gift it was alleged by the prosecution that the defendant had a wife frona f rom whom he obtained a divorce and afterwards married the witness the defense claimed that cohabitation prior to the divorce was no crime against the witness therefore she could not be compelled to tWy in reference to whether th the witness occupied tho the position of lawful wife to the defendant fen dant the grand jury should investigate tt before the questions again propounded to her the issue might then come up as to whether she could be compelled to answer mr rawlins suggested to te the court that the grandeury be instructed that if they found the abe witness was the lawful f ul wife she could not be compelled to testify this was refused the court remarking im that it was inclined to believe however that she was a competent witness the grand jury then retired and mrs bassett was excused from further attendance until monday the small boy boi who plats circus with the trick goat in his hack back yard should see that the st jacobs oil bottle is not empty |
