Show edmunds law prosecutions united states vs J C hamilton unlawful cohabitation defendant ordered to appear for arraignment st at 10 a no in may united states vs moses wilkinson unlawful cohabitation defendant withdrew his plea of not guilty and entered one of guilty sentence was set for may william W Pr itching jr who has just returned from arizona afterman after an absence of about eighteen month was arrested at beaver on may on a charge of unlawful cohabitation bonds were fixed at for his appearance on the united states vs joseph E taylor unlawful cohabitation motion of defendant defendant for prosecution tiou to elect which of four counts they would proceed on allowed the prosecution stated they were not ready and would make the selection later the case was continued on request of mr varian till may 17 in the second district court at beaver may the jury in the case of jeppe So reason charged with unlawful cohabitation reported that they were unable to agree on a verdict and were discharged the defendant is about eighty years old and lie alleged plural wife to is fully as old may the deputy marshal made an incursion into mill creek and arrested julian moses on a charge of unlawful cohabitation father moses and his wives were brought before commissioner greenman when the evidence was to the effect that the defendant was eighty two years old and had not lived with his plural wife for 12 years he was discharged united states vs james H von van natta polygamy and unlawful cobaU cohabitation tation abury was paneled em and mr moyle called caged the attention of the district attorney to the fact that there were two counts in the indictment mr varian stated that he would dismiss the charge of polygamy which was done the defendant then pleaded guilty to unlawful cohabitation and sentence was set for tomorrow may 15 united states vs H P F thorup unlawful cohabitation the following jurors were sworn to try the case david H ide J P F bradley goo geo cullens lens george lut luft 0 M brown J P F robinson henry barnes barned L W dittman DJ david tinsman andrew rifling hilling goo geo 0 dickinson 0 0 farnsworth deputy marshal vandercook was called and testified that in august last be went to the house of the defendants fend ants plural wife he saw there a child three or four months old the plural wife took it from her bed and ranted it across the street to mrs hannibal the defendants defendant la first wife had bad a child eight or nine dine months old he saw the mother nursing it deputy cannon testified that he saw the young child at the plural cifes house ond end also saw theother child in the first cifes arms mrs hannibal testified that the plural wife brought her a young child to attend while she attended court as a witness mrs christina thorup the first wife declined to testify in the case mrs lens lena thorup the plural wife testified that for the past four years she had bad not lived jived with the defendant fen dant her youngest gest child would have been four years old had it lived all of her children were dead on the morning of her husbands arrest mrs thorup had brought in her youngest child for her to attend to while she christi Christina assisted mr thorup in the garden mrs mra lena thorup positively denied that the youngest geSt child was hers and said both of them were the first rifea there was a difference of thirteen months in their ages the child which vandercook Vander couk said was eight or nine months at that time about eighteen months old this child was in the court room running about and appeared to be fully two and a half years old eld the evidence closed with this mr varian wanted a conviction because he be believed the youngest child was the plural cifes mr moyle asked the jury to give a fair ver verdict dicton on the evidence the plural wife had sworn that she was not dot the childs mother and she bhe ought to know she had also testified that both of the children were the first cifes it was evident that mr vandercook was mistaken when he said the elder of the two children was only 8 or 9 months old in august last for the jury could easily see that it was much older than the added months would woula make it he again requested the jury to make an effort to find a verdict on the evidence and not on prejudice mr varian made a brief reply reiterating his bis former statements he paid he be never knew JD in all his experience of any one who was tried for unlawful cohabitation but who claimed before the jury that he was innocent after this to say the least exah statement mr varian sub sided aided and the judge gave his charge to th the jury ejury about 40 minutes after they retired the jury brought in a verdict of guilty mr moyle asked the court to set aside the verdict because it was contrary to the evidence the judge refused to do this remarking that the jury evidently took the same view as the deputy marshals and believed that the plural wife and not the firt fira wife was the mother of the child mr moyle then asked that sentence be deferred for a month As mr varian did not oppose it the date tor passing judgment was set for june julie 14 in the ewe case of the un united cited states vs jamea 0 hamilton ordered to appear for arraignment may 16 15 the defendant was not present it was stated that probably he be had bad not dot beard of the notice to appear and the court ordered that he present himself at 10 am tomorrow friday may to plead U united ni ted states s vs J john oh n campbell fornication continued for the term mr J H van natta was then called for sentence for unlawful cohabitation to which he had pleaded guilty when the name of the lady mentioned tinned in the indictment was called there was no response three thre times the bailiff shouted and at this poi point n t mr van natta remarked sano woe voce he might keep calling all day then added in a voice that could be heard over the court room c shea been dead nearly five years vears when mr van natta came forward toda today y for sentence judge zane stated that the indictment was found in april 1885 and that it charged that the defendant had 2 married his second wife september 4 lot 1883 and had lived with both from that date till april 1885 the judge then remarked that the defendant had nut been arrested till february 1890 mr van natta that was not my fault they did not come after me that I 1 know of mr moyle mo ae this defendant is seventy one years of age and has but one wife now he has had only one for over four years judge zane zade when did your first wife dle die mr van natta Nat taShe she died in april 1886 judge zane when did you inar marry your plural wife mr van na A few months before my first wife died judge zane zade the indictment was found in aar apr april mr van natta it was found be fore ore I 1 married my second wife the f indictment was premature judge zane what was the date of your marriage to your plural wife mr van natta it was the year before my other wife died I 1 married her in october 1885 judg judas 3 zane do you propose to live with one wife only hereafter mr van natta yes sir air judge zane do you propose to obey the law prohibiting polygamy in the future mr van natta yes sir air judge zine you will not marry another wife a plural wife under any circumstances mr van natta no sir air judge zane you fay bay that in the future you will obey the law mr van natta yes yea sir air mr moyle he has made his plural wife his legal wife I 1 would also suggest that he is a poor man judge zane I 1 am not disposed to be severe and in view of your advanced age and that you have but one wife and will obey and observe the law I 1 will fix your at a fine of 50 and the costs of the prosecution you will stand committed till the flue fine and costs are paid the total amount was 96 which was afterwards paid by mr van natta and he was set at liberty the following business was transacted in the second district court before judge anderson at beaver may in the case of james henrie convicted of unlawful corabi cohabitation tation at beaver yesterday judge Ander anderson sou sentenced him to pay a fine of and costs henry budwick Su dwick of kingston plute county was called for sentence on a charge of incest five years ago he married his niece and has since lived with her as his wife he Is now 75 and she to is 40 when arraigned he pleaded guilty judge anderson gave him a severe lecture for marrying his niece and sentenced him to the penitentiary for the term of three yeara he was placed in the basille today A list of persons to serve ou on grand and petit juries for the september term was drawn in the case of george harrison arrested for unlawful cohabitation the defendant was required to give 1000 bail to await the action of the third district grand jury and the alleged plural wife mary A arthur was placed under bonds mr solomon who was acquitted on tuesday of the charge of grand larceny was rearrested arrested re at beaver yesterday on the same charge but bat on going before the U 8 commissioner he be was released the case of the united states vs jens P holm indicted for adultery was taken up and tried the offense was alleged to have been committed com bitted with alrica nielsen Nl eleen who was claimed to be the defendants dependant lo plural wife the first witness was a girl named tilly smith she said she lived at mr holms three years ago that it was the repute in the family that alrica was the plural wife that mr holm said to his wife in witness presence OB a number of occasions that be was going to see alrica and aliat she had heard beard defendant call Olric Ol ricas als child his fat baby boy the next witness was josephine nielsen a bright little girl between eight and nine years of age she gave her testimony in a frank unhesitating manner she said that mr holm was not her father but she sometimes called him grandpa because she was so well acquainted with the family he had never been at her mothers home to remain over ni night ht and she did not regard him as ter her papa in fact her own papa was alve alive and lived with her mother though he be was away from home much of the time working in the mines she last saw him about a month or two ago and when he went gave her 5 to buy a now new dress she was sure that he and mr holm were not the same person and that mr holm was only a friend mrs cirica a nielsen testified that she was married in denmark to christian nielsen Nie laen tou teu years ago that three or four years ra ago they went to the logan aeple temple that he was the father of her children that he was away working in the mines much of the tune and that he had bad last been at home about two months ago T this was all 11 the evidence and the court ordered the jury to return verdict of not guilty in the case of the united states vs james C hamilton of mill mil creek the defendant W was as arraigned on a charge of unlawful cohabitation with mrs isabella hamilton and mrs belle white hamilton he entered a plea of not guilty the case of the united states vs wm win A newsom indicted for unlawful lawful cohabit cohabitation ailon with mrs catharine newsom and mrs lucy devereux newsom was taken up for trial and a jury called I 1 before taking the evidence the names of the witnesses were called when that of lucy devereux was readied reached there was no answer she had not been subpoenaed and the officers reported that she could not be found she had given bail when before the commissioner J and this bond was declared forfeited her friends say she was never notified and did not know of the trial or she would have appeared it is said that she is now on the way to salt lake the first witness was george reeve beeves 82 who te testified stilled I 1 was at mr newsoms newsome New once I 1 understood that mrs mra kate newsom was his wife I 1 heard that she was his first wife I 1 have seen lucy devereux once or twice saw her go in and out of mrs kate Nev house this was in 1888 have no idea what relation lucy devereux was to the defendant mrs catharine newsom testified 1 I am the defendants legal wife and do not wish to testify excused david john testified I 1 know the defendant and his wife and lucy devereux about five years ago lucy lived at the defendants house I 1 cant can cantway tsay say when I 1 last saw si w her there I 1 testified before the grand jury about that time I 1 saw him at the gate to her house it was one night a few weeks after he came to the penitent penitentiary Jary he was dressed in soldiers clothes lucy was also at the gate she is 18 reputed to be his wife to mr moyle I 1 am sure it was newsom in soldiers clothes it was about 9 pm he was alone when I 1 passed him but he had been talking to her it was within two months after he came from the penitentiary I 1 dont know of lucy having any children subsequent ua to his release from prison mrs david john testified ik I 1 know now mr newsom and his family lucy devereux was reputed to be his second wife when he came out L lucy cy moved to another house bouse I 1 saw mr mr newsom on the occasion stated by my huab husband nd he was in soldiers clothes he be was leaning on the fence a little distance from the gate and lucy was taking a baby carriage through the gate D N swan testified that mr newsom was released from the penitentiary tent iary april ath 1888 having been pardoned by president cleveland arthur cabbie testified in the winter of 1889 1 took lucy devereux to the depot mrs newsom employed me I 1 did not see mr newsom mrs swain went to the depot with us C j tto to mr moy moyle le I 1 took her from the cogeer 1 er r house J mrs newson lived in a I d k wrent house on the same lot mi mryr v mary swain testified I 1 went to the depot with lucy devereux and her little boy in ottber Oc Oct tooer ber 1888 mr newsom was not home at the time last fall there was a baby i there here it could walk in october 1889 1 I judge it was about a year old to mr moyle the baby I 1 saw was reared by mrs newsom the he got it when it was a few days old to mr varjan varian lucy did not bring the child tomy house when the officers came mrs newsom brought it she had a tussle with deputy springer he bolted into to th the house and took hold of the bild child deputy springer testified I 1 arrested mr newsom in 1889 1 adjoining the store I 1 found lucy devereux and two children mr and mrs newsom were in the yard at the rear of the store mrs newsom A as frightened she took the youngest of the two children and ran across the street I 1 ran after her and got the chila to mr moyle I 1 had no warrant for the baby mrs newsom claimed that it was ler her child I 1 told her she had no business to go out of the house with it deputy cannon testified that he arrested mr newsom and saw two ladies there the one supposed to be the second wife told him her name was bailey I 1 mrs stein testified lucy kept the store with mrs kate newsom I 1 lived in the house adjoining the store mrs newsom had a young baby there and lucy had two older children mrs newsom and I 1 were not good friends mrs newsom told me a midwife gave her the baby when it 4 was a few days old to mr moyle I 1 only saw lucy at the store mrs E W stam testified lucy devereux and mrs newsom lived in separate apartments I 1 saw a baby with mrs newsom it was about a year old when mr jewsom newsom was arrested mr varian are yu you a married woman witness that has nothing to do with the case mr varian you do not go by the name of tuckett witness no sir air to mr moyle 1 I am not on friendly terms with the newsom family to mr varian I 1 came to court because I 1 had to miss mary dixon testified stifled te miss lucy devereux was at my home in provo prove last november she had two was not confined there I 1 saw her last about four months ago in provo mr newsom now lives at provo I 1 never saw lucy at his house I 1 never saw them in each others company mrs sarah dixon testified mr and mrs mra newsom live in provo I 1 met lucy devereux on tile street |