Show FIRST DISTRICT COURT Arraignments the eather bather clase case Busi at ogden yesterday at provo prove the following defendants charged with unlawful cohabitation entered pleas of not guilty bishop J P E R johnson Job H a cluff george jagers pleaded not guilty to the charpe charge of and his bis bail was reduced fiam tibro 1600 1 aw to orlando orlandos Or landoF F herron was called for sentence ten tence for unlawful cohabitation me he was sentenced to six months imprisonment and a fine of 50 isaac healy for assault was sentenced to three months in the county jail ien H henry ry A soon koon was sworn in as bailiff assistant assistant district attorney dark clark came down this morning and is assist ing in the prosecution of eather bather the case of rather father was then proceeded with james donahue was further examined there was no effort to prevent father Eather from shooting I 1 thought him in fun flaherty flaberty sat on the bed with his bis hands folded when rather eather came within three feet of him and shot him when bather came into the saloon that afternoon he said hello you yon old ba bastard bastaic staid I 1 then said hello you s of a b was in III fun oather ballier may have been angry the see ond time he be called mea me a G d bas gil johnson wils was at mammoth hollow on the ath saw gaw leech flaherty and bather it was about a quarter past two when I 1 came into me lne saloon that afternoon and aad found them there defendant came up to me and said theres rh eres one of the lyn lyne chers hers pointing to flaherty and an d said he would see him after a while I 1 replied that he was not one of the lyn chers witness denied saying that esther said he be intended to get away with him or made any threats H C reno said he heard beard the two shots they were about ten or fifteen minutes apart was at his office as foreman of the mine about feet away donahue had been drunk several days and aad was discharged that evening I 1 noon recess was here taken at 2 p pm m in the esther case long arguments took place as to the adais ability in evidence of the statements made by defendant to mr reno when applying to him lor for work the jury were excluded the statements state men tb showed that defendant enquired about who had been talking about him and told witness that if any of them d irishmen talked about bim he would kill them and that he bad a gun for that purpose the statement was made some ten days before the homi cide the defense maintained the statement did not include cle deceased ceased the court ruled that if tile the threats ahrea to went to show malice they ought to be received ived but there was no evidence to show a gratification of malice jn in the case and tho the testimony was inadmissible in the present stage of the case mr reno cross examined lie he paid no attention to the shooting B R V tone testified stilled te to being called to go to mammoth Mama aoth hollow the night of the eth saw deceased there and donahue lying on the bed with him held an inquest next morning as j utice bitic e of the peace for eureka donahue was apparently asleep on the bed saw bullet holes and blood as previously testified to john leech te testified stifled resided near the mammoth mine when there he be and dillon occupied the cabin rented it of mr wheeler eather bather got permission of dillon to sleep there a few nights and stayed longer related the circumstances of the shooting as here tolore stated before judge boreman at ogden yesterday in the case of odthe ahe united stats states vs jqhn john farrell for unlawful cohabitation a verdict was rendered finding the defendant not guilty andrew G stromberg romberg Sti wao had previously pleaded guilty toa to a charge of unlawful cohabitation was sentenced to imprisonment for six months and to pay a tine flue of and costs coats the same gentleman had also pleaded guilty to a charge ot of adultery alleged to have been committed with his ais plural wile wife but before sentence was pronounced C 0 richards esq attorney tor for the defendant made a brief statement to the court he said that mr stromberg was indicted in june 1886 for unlawful cohabitation but the officers did not then arrest him because them supposed te be was 0 in o aiding id reality the gentleman had bad been at his home continuously and made no effort to evade the process procesa of the court indeed he be had bad no idea that tie he had bad been indicted his arrest did not take place until june of 1887 when the be officers seized him in the night or at an early hour of the morning at the residence of the plural wife practically this was but one continuous of fence of unlawful cohabitation covering the periods previous and subsequent to the indictment of 1886 under these circumstances mr richards asked the leniency of the court lor for the defendant and was supported in the request by district attorney peters taking these things thing sinto into consideration the court sentenced mr stromberg to im for the term of six months upon the abe charge of adultery J P emerson vs 0 W hestmark motion to dismissed the abe case offered and denied united states vs a u C unlawful cohabitation a plea of not guilty entered united states vs john jenkins U unlawful cohabitation defendant arraigned a rat 1 led and pleaded guilty sentence on na ay 19 Ace accounts bunts of U J S commissioner L E R rogers approved united states vs ole Hanse norder overruling motion for a new trial sentence postponed to nov 19 united states vs christian hansen sentenced to six months imprison merit ment and to pay a fine of and costs the case of the united states vs s james on application of the united states stat es bistrica bi district strict attorney was continued tor for the term the case of the united states vs james hansen was also continued contin Hed united states vs james hancey continued for the term michael wahlen vs geo F seager continued for or the term |