Show judge boreman takes the same ground in regard to the presumptive cohabitation in deciding the case for 1884 he says where it appears that adeline is the first wife the strong presumption in favor of his livins with her a arises r aises and but a slight alight detail of facts is id sufficient to confirm lt it 17 ane proof here showed that appellant recognized Ade adeline lineas as his liral wife by tier ber associating with her supplying supply i ug all her wants having her convenient to him so as to enable him to have a general oversight over her he had not only treated and recognized zed her as a wife but proclaimed it that Is the gist of the whole bore ma maa a argument we need not say anything t further upon the nonsense of it in regard to the segregated cases he olds holds that an indictment found for an offense committed during one period is not a bar to prosecution for a similar offense committed at another period judge zane made the following remarks in dissenting from the main issue in both opinions III 1 I dissent from the judgment of the court the evidence showed that adeline one of the women named in the indictment was defendants first and lawful wife without showing that during the time mentioned therein he was ever in her company or ever spoke to her and the court charged in substance that if the jury believed that during daring the time mentioned in the indictment the defendant had bad a lawful wife living whom he recognized and held out as his wife and contributed to the support of and that during the same time he be lived with socia ted with and supported as his wife another woman named in the indictment the offense of cohabitation was complete and that the jury should convict I 1 think it essential to cohabitation with defendants lawful wife that he should have been in her company some part of theotime the time mentioned in the indictment association to some extent is an element of the crime of cohabitation as defined in the edmunds law slaw itis ills not sufficient that a man and his lawful wife should live I 1 in the same neighborhood or in the same city I 1 concur with so oo much ot the opinion of the court that holds that more than one indictment may be found by the same grand jury against the same defendant the course taken to secure the imprisonment in of an apostle of the imor mormon church although the evidence showed him to be innocent of tae charge is condemned upon its face by the shifts and subterfuges which have had to be adopted to make it effective inthe appeal on the case in 1885 Judge zane took the ground that sarah sarab snow was the legal wife because adeline the first wife and another woman were married at the same time and therefore the marr marriane iaze was void but bat in the cases for 1884 and 1683 he and the other justices fly this track and take adeline to be the legal wife whom judge Zape officially denounced as no wife at all to sustain the conviction of 1885 it was absolutely so sol necessary to pick out sarah as the lesal legal wife but the evidence in the other two cases was such that adeline had to be assumed as the legal wife 0 or r they could not possibly be sustained these facts ought to be known and understood under that the public may see to what tactics tile the persecutors of the latter day saints saint have to re sort in order to bring them within the clutches of a law that has been made capable lof so many conflicting constructions eions the record of the proceedings on these cohabitation trials will be interesting reading ih time to come and the da day y if i not far distant when americans will W il blush for shame at the perversions and contortions and judicial by which special legislation was s specially e interpreted and specially apalie applied e d for the special punishment of men who believed in a creed and practiced a custom that differed from the belief and the ways of the majority of so called civilized christians 11 the three cases of apostle lorenzo snow it is hoped will he be carried up u to the court of last resort ou on a fair showing of the ridiculous rulings it is probable that a writ of error will be granted to the court below and then it may be seen biow fir f ir the supreme court of the united states will lend itself to the outrageous traves travesty tv on law and justice which characterizes the latest crusade against the latter day saints |