Show his first charge to the jury the following is the charge given by judge sandford yesterday afternoon iu in t the th a case of the united states Vs va john irving on trial for unlawful ul lul cohabitation it t is the first of the kind the judge ever delivered john irving stands arraigned at the bar of 0 this court under an indictment cha charging aging him with unlawful cohabitation on the day of january 1884 at salt like lake county in this territory and thereafter continuously remained in that condition of unlawful cohabitation until the day of june 1884 that he be cohabited with more than 0 one ne woman as his wives viz with one elizabeth irving sandwith and with one annette revoir sometimes known as ann revoir contrary to the provisions of the sta statutes I 1 the testimony presented before you is not very conflicting nor very voluminous some of the facts on an which this prosecution is based have been admitted in I 1 tt ed by the defendant particularly the defendant admits that he has three wives that is a material fact for you to consider the milin main question inthe case is whether the testimony of tile the witness on the part of the people mrs airs is to be received or the mony on the part of the defendant offered by himself the two are con it is your duty to consider them care carefully tully to weigh them to reconcile them I 1 the defendant attempts to prove an alibi as top to part of the time for which be is charged with this unlawful cohabitation and puts on the stand the witness pickard who states that certain parts of the month of june defendant was some distance from his home taking care of some sheep and there the defendant leaves his bis defense as alibi in order to convict the defendant delanda nt of the guilt of the charge against him you will of COU course arse have to find that ne ile committed this act of unlawful cohabitation at the time set forth in the indictment and you are understood to pass on the credibility of the witnesses YOU yourselves rs elves you have seen them testify you have beard them testify an aad d the recollection of their testimony is fresh in your memory you are to weigh the evidence that has been presented cited before you and pass on the whole of 01 the testimony and and larrive arrive at a verd verdict act in the case it if you believe the testimony adduced deuced douthe on the martof the defendant to be correct and arve then you will brin bring in your verdict accordingly if you vou find d on the other hand band that the people have sustained the charge by competent proof then you will find for the people every reasonable doubt must be decided in favor of the defendant if you are satisfied that he is inno centy then you will bring in bour your verdict in that respect that he is innocent of the charge against him what is unlawful cohabitation has heen been laid down by the suited states court in the case of cannon vs the united states according to this decision that offense was and I 1 am bound to present to you this law as the law of the land which you will accept and to which you wid conform too toe court says the offense dl df cohabit bog with mor moret ethan ban ono one woman created by the third section of the act of congress of march 12 18 2 in an record t to 0 poy polygamy gainy in tile the ar territory 1 r y of utah is commuted bya by a man alio lives es in the awo bouse with two women and aad cats air respective tables onet one t third of mi M i burro or thereabouts and holds bolds i hem at ar tt the world by As language langus lan ge t or botti as his bis wives aud and it is not necessary y too to om of the offense that he the two women or either of the 0 oc cupy the same bed or slee jae the th swe room or that he should 0 a d 1 asexual a intercourse with either er of 01 11 U S rep thesis Th this isis is the lawo law on lit on will act in this case gent gentlemen ent e me an a of ape a aury arary the defendant ha has 8 set u up as defense that he be has s had bad no seau sexual a 1 pk knowledge n c cwi with these wom women enthat that he calls his wius wiles all the testimony is before you you will bring brine in such a verdict as is authorized by tha testimony which ich you have heard in this case |