Show FROM DAILY SEPT 20 TOMYS TO RAYS MYS prosecutions judge zanes definition of constructive tive cohabitation ft after the close of the williams case in the third district court yesterday afternoon in which the aelen defendant dant cju ask for a new trial the charge of unlawful lawful cohabit adon against ANDREW ROMER of mill creek salt lake county was taken up and a ury jury im paneled 9 mrs petra homer was waa the first witness and being unable to speak english inte li gibly the services of deputy were required as interpreter she testified tied that she had been in this country tor for seven years and had married the defendant a short time after her herain arrival val had one child 22 months old knew ann homer who lived about naif half a mile from her at mill creek annie had bee been in the habit of calling at her house once or twice a week mr homer sometimes be being 1119 at the house when annie called but he never went out with her witness first met defendant in norway and he sent her the money to come to utah with she married him two weeks after her arrival at that time a widow was keeping ingA house ouse for him was sot not certain whether she had seed annie before marrying defendant or not annie sometimes accompanied defendant and herself to meeting annie was sealed but not married to the defendant mrs annie homer testified that she had been sealed to the defendant a long time ago but tad lad never lived with him as his wife jannina jansma another wife had moved to summit County but she could not say just how long since she had no child children rela supported herself she was 63 years ot age at this point the court adjourned to 10 am today to day this A is morning the case was resumed by the calling of deputy marshal franks who te testified stifled 1 I arrested the defendant found him at cottonwood Gott onwood he was in the enclosure where tile house of mrs ann homer is he be was plowing in the field botn bota L if f his houses are within the same enclosure I 1 conversed with him telling him we wanted to serve the witnesses I 1 told him he had bad better alsiet me in finding the witnesses I 1 made no go promises or threats to him and out no du cements to him to make a confession I 1 told aim mr cannon probably had the third wife and it i was no use denying it I 1 then told him he had better assist us the desense objected to the conversation with the defendant as it was under pressure from the officer objection sustained witness continuing I 1 had no conversation relative to annie homer bb fore I 1 told him lie he had better assist me we went down to petra homers and he said that was his third wife objected to by the defense abnot as oot being a voluntary statement objection overruled witness resuming I 1 had no further conversation with him we afterwards met deputy cannon and went to ann homers house mr homer called her out oat aud and told her we had arrested him and she would have to go to town towner mr franks exhibited consid sid erable anxiety to state that which the court had ruled as improper notwithstanding the objections of defendants fend ants counsel mr cannon told him any statement he be made would be used against him after that I 1 heard mr homer and mr cannon conversing this was on the way to the city the defendant replying to questions said he had separated from his first wife because they did not get along very well together he alluded to the three ladies as his wives deputy cannon te testified stifled I 1 was in the vicin vicinity ity when the defendant was arrested I 1 subpoenaed petra homer as a witness and waited datil mr franks came five or ten minutes later the defendant said no case could be made out against him as he had bad lived exclusively with petra for seven years he said his arst wife left him several years before he said he had lived with ann homer but for seven years had lived only with petra this closed the testimony and dis trieb attorney peters made the opening address to the jury lury mr Moyle moy ie followed tor for the defense dei ense and mr peters petera concluded judge zane then charged the jury in reference to constructive cohabitation I 1 with the legal wife he said if you believe from the evidence gentleman of the jury that jannin homer was the lawful wife of the defendant during the time mentioned I 1 in n the indictment and at the place mentioned in the indictment that fact that she was the lawful wife raises a strong presumption that he cohabited with tier her but it is not conclusive clu sive unless you further believe from the evi evidence deuce that he claimed her du during r in g t the h e time mentioned as his wi wife fe and ad b by y his bis language and conduct held herout her out to the world as such inch therefore if you believe that jannina homer was the lawful wife of the defendant fen dant 1 and that at the place mentioned tio in the indictment and at the time mentioned he claimed her as his bis wife and held her out to the world by his bis language or his conduct as such or er if he visited her or associated with her the law conclusively presumes that he cohabited witia with her on the other hand if she was his lawful wife and he did not claim her as his wife or told hold her out to the world as such by his language or conduct and lie he did not visit nor associate with wish her at any time during the time mentioned in the indictment you should not find cohabitation as to her the court further stated that if the th e jury believed be that the defendant bad associated with his other two wives so as to lead the world to believe they were his wives they should convict a mere polygamous marriage was not sufficient but actual association aaion must be shown the jury retired in charge of bailiff dan and returned in ten minutes with a verdict of guilty sentence was fixed for september a t 2 pm the r e charge of unlawful cohabitation against JAMES M was the next in order for trial and a jury was paneled impaneled im in a few moments mrs airs edith fisher was the first birst witness she te testified stifled I 1 live at east mill creek salt lake county I 1 was married to the defendant in 1857 he had no other wife when I 1 was married to him mr young for the defense objected to the witness being beang compelled to testify mr peters insisted that the defendant had no right to raise the objection jec tion as it was with the witness alone to either consent or refuse to testify mr youn young contended that such a construction of the law would make the action of the legislators absurd pending the discussion of the question mrs fisher declined to testify and as both avenues were thus closed against the district attorney the q question u est to was left undecided by the court and the lady was excused recess was then taken till 2 p in mrs lydia A R fisher was the first witness this afternoon she testified I 1 live in east mill creek sat salt lake county I 1 was married in 1869 to the defendant james M fisher I 1 am still his wife have five children chii dren the youngest one year old the defendant takes his hia meals meals with nae me at the present cimei time he rooms athis at bis brother in law a he lived with me from the time we were married until a little over a year ago I 1 regard myself as his bis wife I 1 know edith fisher she is said to be defendants first wife ahe lives at mill creek and has seven or eight hildren children I 1 live on mr fishers farm I 1 do not remember that mr fisher ever told me edith was his wife but I 1 suppose she is aa they lived together when I 1 was married to him IS 18 years ago I 1 lived in the same house bouse with edith two or three years her youngest child is 15 years of age edith and mr fisher separated seven or eight years ago sines then he has lived with me mrs fisher and I 1 do not visit each other other we are on good terms EDWARD ELLIS testified I 1 live in salt lake have known the defendant two or three years know where edith fisher lives do not know her relationship to the defendant was introduced to her as mrs fisher since january 1885 1 I have been at her house about once a month I 1 never saw the defendant in her house ouse during the time named in the indictment but have seen him in the yard once or twice not abre more chaa twice never conversed with him about his first wife have been at lydia fishers house twice saw mr fishes there never saw mr fisher and mrs rs edith fisher talking together they live on separate farms never saw baer either of the wives at the others house bouse deputy franks te testified stifled I 1 was present when mr fisher was arrested s was near hg his second cifes house when arrested when the defendant was in custody he talked with his first wife asking her to aid in getting bondsmen so he would not have to re 9 aln all night nig fatin in the penitentiary the prosecution rested its case with this witness and the defense announced that it had no evidence to offer mr young argued the case for the defense and mr peters for the prosecution the courts charge was similar in ia substance to that given in the homer case cas ethis this morning the jaty returned a verdict of guilty and he will receive the judgment of the court on september A 29 the next case taken up was that against WILLIAM BLOOD of kaysville Kays ville who changed his plea to guilty on the charge of unlawful cohabitation he stated that he would like till the loth of october but mr air peters objected and sentence was fixed for september JOHN A MARCHANT of peoa geoa summit county also changed his plea on the same charge to guilty and will be sentenced on the of september JOSEPH C PERRY of brighton salt lake county withdrew his plea of not guilty and substituted one of guilty judgment will also be pronounced on september ALEXANDER BILLS of south jordan was arraigned on the charge of unlawful cohabitation and a ad pleaded guilty to the indictment in reply to the court he be stated that he was prepared for sentence sen teace the court asked Is it your intention to obey the law in the future to which mr bills replied no sir it is not he was sentenced sentenced to imprisonment for six eix months and to pay a fine ane of and costs JAMES WELCH withdrew bs bis plea of not guilty guilt y and made onest guilty he asked aad and was granted until october at 2 pm belore before sentence sen teEce |