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Show THE UTAH NOVEMBER"!. FRIDAY, - TIE BEiETT CASE. I88D. A Notable Decision of Chief Justice Zane. LOCAL JOTTINUS. Cntli I'Mld fur Fat CiiItm. Wultrr Cox. in Kruvo on Tho Grand Jury Monday lust In tbo afternoon. TO DISSOLVE' POLYGAMY, Gurry Stevens and Isano Hancock, of Pay-nwere visitors xt our eanctiuui this week. J. It. lioshurd Is constantly receiving the choicest kind of frrjccrics. Ait Agreement Made In iiool I'ttllh Ciiurcli Divorce 1 Sufficient ISluuk Deeds uud Mortgage at Tub Gato 11 the n - , ora Mutusof Teriiilnnfp zette ollico. Look out for tho lovely laces and ribbons that have arrived ur-ulll- y. ' The trial of William Hjniutt, ut Jones, charged witli unlawful registration, At Jones' you will find all sizes and elude of was taken up iu the Third District Cu.uit jrtrtfHy.uKriiingThe indict" ; : kid gloves. ment charged that in May last the Go to J. It. Untthurds for choice luma, saus- defendant, wiio was then a polygamist age, dried beef uml bacon. and not entitled to register, (lid regis- I. ' - t-- - ter as a voter at West Jordan Precinct. J,. L. Rawlins and J. II. the defendant, Moyle represented while Win. McKay and Judge Tower f S.S. Jones has a, most comiileto and elegant stock of buttons ot all styles and for all pur- - poses, , v , - - , - f The Davis vlrtlcal feed sewing machine may lc purehused ut TV.' FI. Gray & Co's. It is the best. Mrs. J. V. Fciitt, of P. V. Junction, Is siteud-Io- k u few .weeks in lfovo visiting relatives : ' and friemlsl conducted tlie prosecution. John A. Rennet t testafled; the defendant is my father: tuy mothers name is Sarah Dennett; wu ull reside at West Jordan and were living there in last; I know lbtnnah Dowden and have heard that she lived wih my father ns his wife; have beard my father say ho was married to her; my mother is the first wife; 1 have lived ut home since lust March ; for llvo years prior to that I was out herding sheep, Save money by obtaining all sorts of job and was home but little. Elizalicth Hall tystuUed: lam married and printing, perforating and binding at Tue reside ut West Jordan; Hannah Dowden Is my Gazette olTiee. mother; she was married to defendant In 178 lived with hliu until ubout a year ago when and Junes is tbo headquarters for slio lived she got u divorce; prior to that time new nrrivais of serghs, tricots, ladies' cloth, atiout a block from Surah Dennett's house ut tho defendant not did West Jordan, lint spend alpaeias, jersey flannels and broadlicad a great deal of his time with her. worsted - rv qpcss-good- s, good. Mr. Rawlins asked tlie1 witness if it Ladies who wish to obtain a very desire was not reported iu tlie family tliut aide dress pattern should rend our great oil'cr her mother and defendant had iinally advertisement in Gazette supple- desolved tlie relation of husband and ment. wife in May, 1883. Judge Towers obThe members of .the enterprising form of jected upon the ground that a polyDcun and Co. of American Fork were attend gamist could only rehabilitate himself ing court as witnesses tills week in Provo. through obtaning the pardon of the Mesrs. Dunn and Co. are jing an enormous Tresident and that after it had been the defendant was a liiisiuesss, this full. Their elegant wcllflllcd shown that store Is almost constantly hronged with pu-- t polygamist, tlu; repute was no defense. If it were otherwise any porous. lygamist could draw up a paper of to-da- Tno genial features of Mayor Itohinsun of American Fork were set-1- Jugaiii lu this city this week. Tho Mayor is the liest nntured man alive. Dallas I,, Scott, of I. V. Junction, was down from that place tliis, as a witness in the train w reckage case iiendiiig In tlie district court. He returned Tuesday. As will lie seen Ey a notice published elsewhere In this issue or The Gazette, II. J. Mortensen has made an assignment for the settlement of his business in uiiish Fork to I,. . Lawrence. Look out for tho man who goes ubout trying to predjudlce you privately against a competitor or his in business. The doublc-fucedevil of averiee takes strange faces in the garb of piety and honesty sometimes. Mr. Davis the irrepressible rustler of the Pueblo Press Is In Provo again. The Journal he represents is one of the ablest published In tlie west and has manifested a friendly disfiosi-tio- n towards Utah. Tlie committee of the City Council eoin y posed of one of the directors of tlie flint they gave the job to und two other gentlemen awarded tlie city printing to the old nioiiiiiKilist organ of course. Provo city will la-- a great gainer however through the process of bidding. And Provo lias a boat club too. J. M. Mar. tin is president, and It, liachman Jr. secretary, Joseph Thompson and John Fiko will draft a constitution and for tin government of the clnli. Vi'. II. Dickson, of Sait Lake, wus in Provo ilu4 wk - a P.L". WWjsp iV Williams aul Arthur IIimwii. ait Lri'dliunt lawyers. Mr. C. Clawson of Spring ( ity, San Pete County, is in town tiguiu on Grand Jury wrviee. He gives favorable reports of tlie condition of tlie people in Ills section. A. O. Audio son. Ik- - painter, lias opened a shop on Centre Street, opisisite Hines Drug Store where lie will turry on carriage painting gs a speciality. Uoo.1 work at Oct. prices in Wednesday last Dr. sold a lot t 45 feet front by j rods to ill Centre X. C, Corner of Sci pin, for Mr. Cor ner will build a store upiin the premises and go into the,dry good luisincss in the spring We welcome Mr. Corner to our city. John E. Taylor the proprietor of tho saloon ut the depot compluins tliut he is not ullowid the usual privileges accorded thic up in his line of business, in tlie matter of keeping oieu nighrs and the like. We do no understand why any discrimination should lie made by the iKilice against him. The increase in the subscription list of .The Utah Valley Gazette during tlie last 30 lays was just IT.) names and the loss during the suine ieriisl was just eight names. Net gain for the month 131 n good showing. Our hooks are always open to the Inspection of ad vertisers. lor Why is it that while bid were i the publication of City Ordinances et CETF.ua for Provo the work Is all sent to one printing office? Is it not because some members of the Council have jiecuiiiary interest In the favored establishment ' and feel as if they were in a way thus putting money in their own Hiekcts? 1 il coin-pun- by-la- I gur-auirci.- -l 1 Shot-bridg- 'lt, e Sn-ee- to-v- n A Provo IToles sor" was walking upon the streets the other nay with his wife and und a little girl some three or four years old when the little one stopjK-to look ut a conveyance that happened to bo passing uml the father tlew into a passion, grubled the little one by tlie arm and burled her down iihjii tho asphultmu sidewalks savIt whs a brutal sjiectuele which would agely. almost wurrnnt tlie Interference of the po. well-know- n d lie;. register separation and vote next February and after the to-da- y, election he could resume his polygamous relations. Mr. Rawlins maintained that a man who had entered into polygamy might dissolve that unlawful relation by his own act and without the concurrence of the government. It was the continuance of the recongnition of tlie polygamous relation which would disqualify a man as a voter, but to sav that a man shouhj be disquulitied for an offense committed vears ago, before the passage of the act, would make it an cx jnst facto law. Tlie purpose of the law was not to burden a man with disfranchisement for all time, but on the contrary to come within the law and relieve himself of the relationship. Judge Towers said the question before the court was a most important one. because if the posi tion of counsel for the defendant was correct, then 12, HO!) polygamists in this Territory could obtain church divorces and as voters. When the soverign power of the State or Nation had Uisqualiiied a man, the only way iu which lie could rehabilitate himself wua .through application to that.same To say that any, man could IKiwer. own act dissolve Jis polygamous relations would be that the J law was a farce. Mr. liutrliuii Suppose a man married a plural wife ami A hat she afterwards left him and milrried another lWAWrrWtUL4w-in.tl- l liOAaky mlltied I liolilXit he would Jud'je Power qual-ify'theinsel- I1 be. Mr. .Suppose that his plural wife dies, would he still be disqualified? Judge I'oir, rx Yes sir; that would terminate tin relation, but the man could he convited of bigamy. Judge Zale announced that lie would Decide the question at 2 o'clock and an adjorninent was taken until Unit hour. Ttmelin AXES DULIXG. the Upon reassembling in tlie afternoon Judge Zane delivered tlie followJUDGE tlie about ing opinion raided: question Wliat Previous question read as follow: among your mother's reputation a to their ami relatives inj s m n'.ito 1 from uuu having iln liy aul t'uliv wife?1 unotluras liusUiml unl Tiik t'lii'HT 'I lie question read Is objected to on tlu; groom! that it is iininnanriul irrelevant, lieeausc. as insisted, if u polygamous marriage witli this woman Iu reHpeet to whom thoe that it quest lou was asked, was proven, until the defendant obtain pardon ami of the United amnesty from the President no that agreement Stules; tiotwo.in the lrtirtics to terminate the polygamous relation sufficient, though mude in good cease to rocon-J.- e faith uud the istrtlcs then-rl'ieeach other as luishund and wile und refuse to iiinintaiii by net or intent. The eighth section of an r.et of Congress us follows: Xo polyMarch 2nd., gamist, bigamist, or any person cohabiting with more than one wornun, and no woiunu cohabiting with any of the persons dosorilied as aforesaid in this section, in any Territory orother lilac; over which tlie United State have exclusive Jurisdiction, shall lie intlth-- to vote at uny election held lu any such Terrietc. The question Is, what Is the meantory." ing of the term xilyininiist. a used in tills section? If it is a relationship, what is necesIt? The act of Congress, sary to terminate known us the Kdmiimls-Tncke- r law, which Is uii amendment to this statute, uses similar of section 24 of language. The last clause .No tliHt act, is us follows; jierHou who shall have licen convicted of any crime under this act, or under tin net of (;ongres aforesaid, approved March 22nd. 1H4, or who shall lie a iHilyguinist, or who shall associate or cohabit jiolygamoutily with persons of the other sex. shall not lie entitled to vote In any election In said territory, or to Im capable of jury service. or to hold any office of trust or emolument in said termtory." In the general sense, u mun is termed a who pructli-cpolygamy, or who maintain l hill it is right that would lie broader tlmn Intended of this statute. The Supreme iu the ease of Mur(,'ourt of the United States, phy v Rumsey (111 L". H. )mgc40), referred to das hud tho question under consideration. That wus all action against the Utah Com mis loners for refusing to register the pluintitT in that case, and in reference to one of the questions Rut iu raised by demurrer tlie Court suys: laith cases the complaints omit tlie allcgiution. that, nt the time I lie plaintiff resiiectivoly eliiimed to lie rcglstoreil as voters, they were not each, either a polygamist ora bigamist. They did not deny in the complaint that they were bigamists or isilygumlstsat the time they offered to register; niul tho demurrer was to thccircct that the compluint waslnsiiilieieiit In not so averring. The (,'ourt says further: It is argued that they cannot la; understood e as nii'iiniiig those who, prior to the of the act of March 22nd., 1SK2. hud coutiiicteil a bigamous or jiolygu-iiioii- s marriage, either in violation of an existing law, such us that of July 1st. IMS, or it fore tin; euuctment of any law forbidding It; for to ilo so wou hi give to the statute a retrospective ftfect, hiiiI by thus depriving citizens of civil rights, merely on account of past on or uccuimt of acts which, when were not olfenscs, would mako it an ex Tlu quest ion was, whcLtier the law. fact post law iu question applied to such Krson us into polygamy laTorethe net reforred to tsk elfcct, or whether It refernsl to an relation. In our opinion any existing man Is a polygamist or bigamist in the seuso of this section of the act. who, having previously married me wife, still living, und Iiuvlug another at tlie time when when no presents lilin-se- s us a voter, still to claim tliut relations toa plurality of lives, althe of date tho sissugo of the act from though of March 22d, lH2, until the (luy lie oiler to uud to vote lio may not in fact have colmliiscd wit n more than one woman. Without regard to the (iiestiou whatever ut the time he entered into such relations it was u irohililtisl and punishable offense, or wliiUior y reason of hqise of tlmo fliiHM its commission a prosecution for It may not be barred, if lie still miiinluiriM the relation lie is a bigamist nr polygamist, tlmt Is the status which the fixed habit unn practice of bis living has established, lie bus u plurality of wives, more than one woman whom be recognizes hs a wife, or whose children lie is tho acknowledged father, uml whom with their children ho la tho Jias liven lhe coti-tinu- 1 r ol d jxily-gHini- Tlie Territorial Reform school at Ogden was forinully ujicnnl with much appropriate on Ilium lay ceremony and Oetolicr 31t. Neat Invitation und progruni-n- e card were issued prior to the event. Muyor Klcsel of Ogden Hon. A. II. Luiul, author of the Reform School Rill, Hon. Win. of the Territory, Hon (.'. Hall, resident trust-e- , Hon. E. A. C, C. Smith ami Governor A, L. Thomas delivered Kit-hurd- siecches. In our next Issue we propose to show how the committee of the Provo (.'ity Council in charge of the matter, hastened to award the city printing to the innriKXT us tend or the lowest responsible bidder in direct violation of their instruction and in the interest of a Nevertheless The bulldosing monoiMjIy. Gazette ha won a great victory Tor the poo-plI o by forcing tho monopolistic establishment down Home where near reasonable prices, thus Having to the municipality hundred of dollars w hich would have been lost to had we not forced the Council to rueognizu tho principle of allowing bids at ail. st r The Pakk City Record says: ' A project ou foot to build n cuiail fit n n tlie Welicr to the Provo river across Kanins pruiriu for the purpose of raising tho water in Utah lake duriug the spring season. The droit 111 of last summer in Salt Lake City and vicinity is the cause of this move, but we doubt if it will be successful. There arc lots of gruti dors down tlie Weber who tflll certainly gc t out an Injunction if tho How of water is a natural reservoir for Salt Lake valley, but we think this plun of replenishing it wont work. There arn some serious legal obstrue tlons to bo removed first anil the projector of this schciiio would do well to make haste Jowly in this matter. 1 lms-sag- 1 tsun-niittii- l, lf niuin-tnlti- liei.-aus- c ono-oma- polyg-Hiiils- 1 - fiolyg-amo- ii re-sjie-et s tnx-p.iyc- head, And this status as j govoral Wives, may well continue to exist us a practical relation, although for a period ho may not in fact cohabit with more than ono; for thatna-is consistent with tho constant recogui quits of the sumo relation to many, accomtion intention to renew copanied with a possible habitation with ono or more of tho others when Iki Affil further iBt the it may convenient. Ddl bCa',ubu, iiuv-ln-g opinion the court sorst at sometimii tibtorod Into a bigamous or jto--1 relation by a marriage with a second orgsmoii third wife, while tho first was living, he still maintains it, and has not dissolved It, although fur the time being ho restricts actual cohabitation to but ono. Ho might In fatt filwtaln from actual eohsl'itatldii witli her, and bo it still os much as over a bigamist or a polygumlst Hu cun only ecu so to bo such wficn lie hus dissolved in some effective finally nud fully manner, which we uro not called on here to point out, the very relation of husband to .several wives, which constitutes llio forbidden Status be has previously assumed. Tho crime of biguiny or polrgatny consists in into a bigamous or polygamous marentering beriage, and is complete when tno relationmore Tliut of actual cohabitation with gin. tiian ono woman is defined uml the punishment third section. The Jircscriliod in the upon tlie existing status and of the condition person, and not upon a past offenso. It is. therefore, not retrospective, He alone is deprived of bis vote who, when he offers to register, is then in tho state and condition of a bigamous or a polygumou,or is then actually cohabiting with more than Continuing to live in that state afterwards Is not uiijoffendc. although cohabitation with more tiian ono woiiutn is. Rut as one may polygumous state by living in a bigamous or without cohabitation with more than one woman he is In that sense a bigamist or polygamist, and yet guilty of no criiniual offence. Tlie point that the Court seemed to have its attention more particularly directed to was as to whether cohabitation with more than one woman was essentiul to the justification of tho registration officer in refusing tlie registration t. oil the ground tlmt the applicant was a and tiie definition given there seems to Is; with restcct to tlmt jMiint. Tho Court says: can itc only cease to lie much (that Is, a jm lyguinist) when lie has finally and fully dissolved in some effective manner, which we are not called on here to mint out, tlie very relation of liiisUind to several wives, which constitute tlie forbidden status lie lias previously assumed. Tiie Court held tlmt the polygamous relation muy exist, though tlie lKilygn-uiou- s marriage may have liecn contracted before tlie luw took effect, and It may exist though thoimrties do not actually cohabit together. The question is, wlmt Is necessary to constitute tlte relation? Iiecauso It is a' relation, It Is tho relation which a iKilygaiiiist tears to his wives, where there Is no cohabitation existing, what, therefore, is nesossury to constitute a iHilygamous relation, where there is no eolinhitatton? Tho Court says: 1JO still maintains that relation toa plurality of wives. If he still maintains the relaAnd further: What is tion ho Is a bigamist or polygamist. the meaning of tlie term maintain as hero used? Does it simply mean the relation tlmt mny exist after tho Kir ties havo in good faith and wife no longer and agreed to lio husband ceased to recognize each other as such, and react to maintain tho mental or fuse by physical INilygaiiioii relation; docs it mean simply tiie relation existing by reason of the former unlawful marriage und colmbitatlon? To maintain, in its ordinary sense, incuns to continue In includes some consent by act or intent. some act of the mind. There mny not be uny outward uct. but somo act of- tlie mind, conof tho relation, consenting to tlie continuance woman as his wife, senting to recognize the consenting to maintain the relation Is necessary. He lias a plurality Tlie Court further says; of wives, more than one woman whom he children lio is recognizes as a wife, of whose the acknowledged father. 'J hero Hie necessity of recognition is stated tlmt ho recognize her in some wuy; and there is uo way of recognizing, except byussome uct of tlie mind admitting The question; is, the relation existing. whether a woman as his wife, when Isitli agree that she shall not tie liis wife, when they liuvo in good faith said they will not live and when they refuse to continue the relation und to recognize the relation. Is tliut a root ignition? Tho Court suys further; recognizes a wife of whose children lie is the acknowledged whom, witli their children, he father, uud maintains as a family of which he Is the head. There Court undertakes to give a description of that constitutes the relation- - I confess it is a very imperfect one; He has a plurality of wives, more tliun one woman whom lie recognizes ns u; wife, of whoso children he is the acknowledged farther, and whom, tvith their he maintains us a family of which ho children, I the heud. The Court speaks of tho polygamous relation a a status; a state or condition is here refered to a status which the law recognizes us unlawful. The law may recognize tilings as lawful it is condemned. And this statu ns to several wives may well continue to exist, the Court says, as a practical relation, although for a period he nmy not in fact cohabit with more thun one. For that is quite constant recognition of the sumo relation to uccoiuiianlod with a lmssiblo Intention many, with one or more of the others when It may or tie convenient. ltlssioken of as a practical relation. "Although for a crlod he may not in fact cohabit with more than (me woman, for tliut is quite consistent with constant recogniSo that tho Court holds to the idea that tion. there must lie recognition to constitute the Tho ides is belli all polygamous relation. opinion that there must be redog-nitlo-n throughofthe the relation there must lie a recognition tlmt the woman Is his wife. The Court refused to say in terms how the relationship could Is; terminated. It says : He can only ceHse to Ik such when ho lias finally and fully dissolved tho relation in some effective manner. Tlie most effectual manner of dissolving' tlie polygamous relation is lur the man and his jNilygamous wife to ngree in kikm! faith to terminate unl dissolve the polygamous relation. to cease to recognize ouch other as man uud wife, and to refuso to iiiaintuin the relation longer. A divorce would not of itself terminate unlawful cohabitation, ami pardon and amnesty would not terminate the relation if tlie parties should continue to recognize each other hs inisliand ami wife. Such a const rite tion ns given above encourage polygamists to Hlmmlou unlawful cohabitation ami tho polygamous relation, uud In thut to olx-- tiie law ami become gisxl citizens. Tiie dissolution would lio effective if tho parties, before other tier sons, agree in good faith toCHiratc and afterwards continue to disregard tho polygamous relation add Hbnmlon it, and refuse to recognize each other as husband and wife. Of course it is for the jury to determine whether the dissolution is in good faith uml whether the purties arc keeping it. Pardon and amnesty are not intended a a incuus of terminating a (mlygamous relation. Pardon is the remission of the consoqucncsc of an offense after the party has been convicted Amnesty is the remission of tho consequence of a crime, and mny by after or before there is a conviction. Though pardoned, tho defendant might lio guilty of maintaining and recognizing tlie polygamous relation. It n is for the jury to determine whether the good fuith liuvo terininutixl the polygamous relation In this case, and tliu evidence on that point that Is comiietcnt Is admissible. The only question left fa whether the answer to t lie question tends to prove tlie dissolution of tlie Mjlyganioi!s relation, and tends to prove that the jmrtics in good faith are keeping the dissolution whether they consider the marriage as dissolved, and In good faitli are keeping thofr agreement. Mk. Rawlins We admit that there had Itccn, prior to 12, a marriage lietween tho defendant and tho women named, Hannah Dowden, uml that he had. at tlie time of such marriage, another wife still living. Tiie Col'iit Now, you offer this for the purpose of proving tlmt there was a dissolution of Hip iiolvgamous relation? Mit. Rawlins Ves, sir. Til a Col'iit1 Tho witness may answer the question. Elizalicth Hill was then recalled and testified: It was reputed that defendant was my mothers bust mud up to May. 1WH, when it whs understood that they had separated finally: sineo that time I Lave not known tho defendant to visit rny mother. To JcixiK Powkus The - divorce I have of was a church divorce. spoken Mrs. Hunnah Dowden testified: I reside nt Sandy; have known the defendant for over 8t) of tho years; wus married to him by the rules House Mormon Church at tho Endowment ulKuit ten years ago; his wife Sarah was living with him at that time; I continued to live with him up to ubout u year ago, when ! applied for a church divorce and obtained it; 1 took thut he did not for ne propstep because his: I applied for the it wu iny act. not pnivfdo erly; divorce to Mr. Williams, tlie clerk of the ward. t-- VALLEY GAZETTE, pnr-tlesi- TIIE C HU KCII DIVORCE. Tho witness hero Identified tho agreement of separation, known ns a church divorce," and llio prosecution offered the document In evidence. 1 1 reads us follows : TUIFUCATE. Know all men by these presents, that we, tho undersigned, William D. 1 tonne tt and Hannah N. Dennett his wife, licforo her marriage to him Hannah Nash, do hereby mutually covenant, Promise and agree to Dissolve all tho relation which have hitherto existed between us us ItiiHhnml Wife, und to keep ourselves and uimrt from this time forth. separate in witness whereof we have hereunto set our hands nt WiHt Jordan Utah this 4th day of W. D. Dennett. Juno A. D. lss. Hannah Nash Dennett Signet in presence of Jos J. Williams Maiiy R. Mill To Mr. Rawlins the witness testified: 1 did not state as a ground for tlio divorce tlmt the defendant did not visit mo as a wife, but that lie failed to support me its such; ho came to see mo as nrton as I wanted him to. To Jenna Powers We hud no divorce other than this church divorce. Colonel 1800 testified tiian In May, JNW, II. J. Crandall wus a deputy registrar at West Jordan. II. J. Crandall testified: In May, 1WDI was deputy registrar at West Jordan precinct; tho ou defendant took tho ixith and registered May 13th. The witness hero Identified tho outh signed by Dennett uml tho registration list of tho precinct lioth of which were offered In oridoncc. Tliis closed the evidence, for the prosecution, and Mr. Rawlins asked tlie Court to instruct the jury to acquit the defendant. The prosecution had, by their own evidencejshowed that lawful cohabitation; November IStli. the defendant was not a polygamist at Thomas D. Wliilly vs. Joseph D. the tune lie reistereA although lie did have a polygamist IMclup to June Kelly; November 14tli. United States vs. E. W. Fox, mis4, 1888, when they wertUivorced. The evidence eliowed that there was no demeanor; November 15th. intent ion of ever renewing this reUnited States vs. Jos. Page, mislation. In opposing this motion Judge demeanor; sameCo-o-date. Institution vs. Lake Shore Powers said that the case was that of a man who entered into a polygamous John A. Ilamer; November 16th. relation and took rib steps himself to A Atmnerman vs. A. O. Smoot; dissolve this relation, living with the same date. woman so long as she would permit Institution vs. Spanisli Fork Co-oit. In June, 1888, tlie wife proenred the a Church divorce, Qrst lie had Lars Q. Lawrence, November IStli. ever seen brought into Court and Peter C. Brough vs. II. A. Kearner urged as a defense to the charge of et al.; November 18th. BSTCarload Lots A Specialty. polygamy. In Alav, 1889, the defendvs. Thos. William McLain a J. was Fowler; then polygamist, ant, who registered, If in tho face of such November 18th. evidence, the defendant should be Mount Pleasant ys. J. B. Hunter, any publicity acquitted, then, without (3 cases;) November 20th. appeal; or any steps being taken atcording to Mount Pleasant vs. Bent Rolfson, in the Territory law, every polygamist could make such an agreement as appeal; November 20tli. these parlies hud. and register and Mount Pleasant vs. Josephine Jenvote at tlie next election, and theu And all kinds of Farming Implement. renew their polygamistic relations. sen, appeal; November 20th. Rock-hil- l, B. vs. A. Fork City If a paper of that kind, prepared in Spanish Have accepted tlie agency for Utah County for the Davis Vertical Feed secret and kept from the public, (5 cases;) November 21st. appeal, defense claimed it did, Write us for Prices. Alachine. vs. Same operated as tliewas Aaron Sewing Lumlquist; appeal; a nullity. Was it then tlie law 21st. November merely necessary to apply to a Clerk J. AI. Thompson vs. Z. Coltrin; Noof a Ward to dissolve a marriage made for time and eternity in order to dis- vember 22nd. solve this polygamous relation? If so Paid S. Wood vs. John Bosh et it was time for these people to know ul.;Lyman November 2otli. Janies Alemmoth ys. Christopher Air. Rawlins said the Court would Remember We Will Take Produce in Exchange. not consider political considerations in Dixon; November 2oth. The question. determining the the John Butler vs. Albert Roberts; NoROYLflNGK & burden was upon prosecution to vember 2Gth. he time at the show that registered, R. J. Banaston vs. Thomas Thurthe defendant was a polygamist, and so. do conOn to failed had the man; November 27th. they trary, it had been shown that from the Niels B. Jolinsen vs. Joseph S. time of tlie agreement there had been no recognition of the polygamous re- Beasley; November 27th. W. E. Watson vs. George Crowtker lation by either of the parties. It made no difference whether the defendant et al., Alvin L. Robiiison vs. Ilans was willing to make that agreement November 27th. or not, so long that was made and car- Esklund; Carries a full Line of Choice Omer Call et al. vs. Joel Grower et ried out ie good faith. The defendant had gone before tlie proper registration al.; November 29tli. officer and declared under oath, in the W. S. McCornick vs. William Ciarck most public manner, that he was not a et al.; November 29th. the case as it stood, polygamist. Uponwere J. B. McLellan vs. Anna Marks; lie thought they clearly entitled November 29th. to the instruction requested. Charles W. Robinson vs. William II. Judge Zane said the substance of BOOTS AND SHOES, tbe evidence was that the defendant King; November 30th. had a lawful wife living when he marIIATS, CAPS, NOTIONS, Etc. John B. Alilner vs. Provo City; Noried this second wife. From that the Court would presume that he intended vember 80th. Come and Examine to establish a polygamous relation. Provo City vs. J. O. York; NovemThe question was, whether tlie appli- ber SOtli. cation of tliis woman for a Church diTbe Ilurbeit Bate vs. American vorce and his act in signing the paper overcame the presumption of continu- Fork case occupied tlie entire attenous cohabitation. It was true by sign- tion of tbe court Courteous Treatment and Low Price. ing this paper the defendant had ex31. Oct. Thursday a to determination not recogpressed Grimaldi, tbe Italian murderer, was nize the woman as his wife, but tlie at hard labor best evidence as to liis state of mind given eleven years y would be for the defendant to go on in tbe'Penitentiary for murder in the Provo City, Utah. the stand and state that he acted in second degree, by Judge Blackburn Center Street, good faitli, and unless that was done and 8ix months for resisting an officer, he would allow tlie case to go to tiie sentence to go into effect second tlie lry. W. F. Dennett, tlie defendant was on tbe expiration on the first. at once called and testified: The grand jury divided itself Into I know Hannah Dowden; she was at one two committees, on going to rake time my iwlyitanioui wife; we tKith gut sick oi our liargafn, and although I did not make apover at Nephi, and the other to plication for tlie divorce, I was willing to sign things the paper and did so; my Intention was to visit the insane asylum and the county dissolve partnership entirely, finally and fully; there was no intention on iny part ever to re- jail. All the county records will be I new recognition of her as my wife or to renew extho time I registered I felt that overhauled, and a sensation is at cohnbltlng; 1 was not a polygamist. To J udge Powers I was married to my first pected. FRIDAY OCT. 1 wife 23 years ago and to my second wife in 1878. I never hud any other wives; 1 was married to As we go to press the case of HerWe invite visiting strangers and others to call and examine Hannah Dowden for time and eternity.but the divorce dissolved tho marriage for tlme;I don't bert Bate vbp tbe City of American know whether she is my celestial wife or not; Fork is being argued by attorneys be- the list of City and Suburban property which we offer at of course I believe polygamy Is a divine insti- fore the jury. Special Bargains for the next I because she & Crai)dalsf SPR1NGVILLE, - UTAH. Wholesale! p. Fruits, Produce and p. Wholesale! Eggs. Dealers in The Celebrated Studebaker Wagons, Buggies, Carts pa Wells. PipeCashfor Artesian for Choice Fruits, Poultry and Eggs. BMNDM THE West End Store GROCERIES, DRY GOODS, HeiTdweiTG QaeensAvare, OUR LARGE STOCK OF GOODS. to-da- y. JOS. to-da- A. HARRIS, Proprietor. Garden City Beal Estate Agency. Street, Half Blk South of Roberts House Provo City, wanted tution; signed the patier not have done so had the divorce and should she not wished a separation. Joacph Williams testified I was the clerk of West Jourden Ward Jn June, 188; Hannah Dowden madecotuplaliVts several times before the church authorities to the effect that the defendant did not provide for nr visit her as often aa she desired; they finally decided to and signed an agreement to that efseparate fect ; they stated that tho separation was to the matter was publicly talked of for a while. quite To Judos Power: Hannah Dowden was The complainant: I don't reniemtier that Mr. Rennet said anything about wishing to got out of polygamy. This closed the evidence, and Judge bo-fina- l; Zane said tliut he was disposed-tsay to tl:e jury that there was not sufficient evidence to warrent them in finding a Verdict of guilty, and a verdict of noc guilty was at. once agreed upon. The prosecution took an exception to tlie charge of tlie Court, and were allowed ten days .in which to file a bill of exceptions on the question of law covered in the opinion. S. L. I'ribune. o FIRST DISTRICT COURT. 30 DAYSa DOLEFULLY ASTRAY. Furllie Developments In tlie Ogden (sensation. Tlie mail from Beaver City to day brings the Union the following interwe print verbaesting letter, which tim, from the father of a wayward girl of sixteen years, who could not stand her papa's strict discipline in moral matters: ) BeaverCity, Beaver Co, , Utah, October 19, 1889. f Ed. Union Would you kindly send me a copy of the issue of your paper as fur as containing the particulars published of the suicide nml emoners Inquest therctfii, of tlie unfortunate young woman, Ella Whitlock. The witness, Alaria Meadowcroft, is my daughter,atlie whereabouts of whom lias been mystery for something over a yearpa$t, and the scant information that lias reached me concerning the sad alfair mentioned above is tlie first news that my child, whose mother is now dead had forsaken the path of Fork City, claiming damages in $2,500, because defendant's officials pulled down some of plaintiffs bathing houses, came on for trial aml testimony taken. Richard W. Humphries, for unlawful cohabitation, plea not guilty; will be sentenced People vs. Annie Alarks: continued for term. John Baker vs. DeBeret Gold and Silver Mining Co.; dismissed on motion of prosecution. Wallace Clark vs. John T. Lynch; dismissed at plaintiffs cost. Edwin AI. Johnson vs. Annie John- son; dismissed; plaintiff deceased. R. R. Steel vs. T. S. Boley et. al.; demurrer overruled 'and judgment set aside. w. WEDNESDAY OCT. 30. Cases have been set for trial as follows: Tbe People vs. Ernest Bullock; appeal; October 30th. Tbe People vs. John Bennet; appeal; October 30th. Thes two cases were not reached United States ia. Peter Nielson; unlawful cohabitation; October 31st. Tbe People vs. James Hatfield et al.; for Reform School; October SlBt. Provo City vs. R. !S. Hines; appeal; November 1st. The People vs. Erick Nielsen; appeal (two cases;) November 2nd. Tbe People vs. Robert Atwood; grand larceny ; November 4th. William O. Beesley vs. Rebecca II. Dooian; equity; November 5th. Salt Lake & Western Railway Co. vs. Dennis Sullivan: November 11th. Same Company vs. B. C. Earl et al., same date. Same Company vs. T. D. Sullivan; same date. Same Company vs. Patrick Shea et al.; same date. United States vs,r to-da- y. s Visitors cheerfully supplied with all available information respecting this City and County free. -- Cn!ileralle llusiness Transacted and Cases Ret for Trial. virtue. TUESDAY OCT. 26r(l. I am an old miner, and something Geo. A. Wallace, on trial for grand over a year ago was prostrated with was aca steer iarcenr, in stealing quitted. Lars Peterson was admitted to citizenship; Judge Blackburns first. Herbert Bate Sc Co. vs. American Utah. a very severe attack of lead poisoning. The Aliner's Union, of which I had long been a member, sent me up for l, medical treatment to Holy Cross Salt Lake City. Being then but recently a widower, I took my daughter, tnen barely 15 years of age, up with me as a kind of nurse. Upon entering the hospital, however, I completely lost sight of my little girl and could obtain no information as to her whereabouts until the recent newsto the Whitlock suipaper reference cide brought her name to the surface. I am now sick again with my old malady, and am now here under medical treatment. Unfortunate and broke financially, I venture to appeal to you to send me wbat information, however slight, you may have obtained as a journalist concerning my wayward child, and it may be that some day I may be able to fitly re com penB you. Very respectfully, am no leading. tauqua with the questions and anMiss Aleadowcroft then began to cry swers. and begged forbearance from all her Let there be a full attendance. friends, and also begged the newspaper man to leave lier alone in her room. Space and time compels us to cease Is a Twenliar medicine. It is carefully pre. writing of this affair but we could unManearth many new pointers. Aliss pared from Sarsaparilla, Dandelion, und Berries, Dock, Juniper Pipaieaewa, drake, Aleadowcroft is a bright, intelligent n valuable and other vegetable young lady of only sixteen years, liut remedies, proporof a determined and uncompromising tion and by a peculiar combination, process, giving to Hoods Sarsapadisposition. rilla curative power not possessed by other The Union has the inside track of medicines. It effects remarkable cures where not only this but the Whitlock affair t other preparations faiL from which never developments may t Union. le excepted. Ogden Is the best blood purifier before the public. It eradicates every impurity, anJ cures ScrofrRODATE COURT. Hoods Sarsaparilla well-know- Hoods Sarsaparilla Judff ula, Salt Rheum, Boils, Fimples, all Humors, Dyspepsia, Billiouaneu, Sick Headache, Indigestion, General Debility, Catarrh, Rheumatism, Kidney and Liver Complaints, overcomes that tired feeling, creates an appetite and builds up the systems J. D. Jonas, 1residlng. OCT. 26. Order made confirming sale of real and persona property in tbe matter of the estate of J. N. Widmyer deceased. Haa metpeculiar and unparalled sncce at become its popularity in Same order made in the matter of home. Such haa Lowell, Alaaa., where it is made, that who!' the estate of Repben Wat ere. neighborhoods are taking it at tbe same Order for sale of real estate made in iim. Lowell druggists sell mom of lloodi Sarsaparilla than of all other sanaparillaa the matter of the CBtate of B. or blood purifiers. deceased. A decree of distribution made in tlie $1; six for $5. Prepared matter of tlie estate of Eza Natfield Sold by Druggists, only by O. L HOOD ft CO.. Apothecaries. deceased. Lowell, Alaaa. Order made appointing Enoch II. IOO Doses One Dollar. Stone administrator of estate of Calvin NOTICE. A. Stone deceased. Djr virtue of an nlamment made to tlie lut- Return and account of sale ot' real ness II. J. Mortensen in Spanish Fork. estate made in the matter of the estate Utah, of will tie closed up forthwith. And notice Is hereby given that all parties harinir claims of John Anderson deceased. against or owing' H. J. Mortensen will settle Order for sale of real estate made in the same with L. O. Lawrenuk. John Meadowcroft. matter of the estate of Thomas Spanish Fork, Oct. 22nd. 19. The Union man, after taking a deceased. round of Grant aud Lincoln avenues In the matter of tlie estate of Wm. to find tne former residence of Alariah Ghild X Son Meadowcroft, accidentally encoun- Harrison order was made appointing Thomas tered the young lady in a hack on appraisers. street. Twenty-fift- h Final account of the administrator Have At first she refused to recognize the above letter, but upon deliberate re- of the estate of Z. Coltrin set for hearconsideration she applied the brakes ing November 11th. JiATO of judgement and said, yes, it is from a for Petition decree of distribution at my father. The reporter boarded the hack and in the matter of the estate of Wm. accompanied her to her home at a new set for hearing Nov. 11th. Utali, Springville, house of prostitution at the head of Clayson Petition for approval of final ac And at Clias. Brewertons, at street near Nob.IIill. Twenty-fift- h I am going to sit down now and count of administrator in the matter write him a letter, she said with tears of the estate of John Cable set for Payyon. in her large, brown and sparkling Nov. 11th. eyes, and if be will promise to treat hearing All me decently I wll go lioma end quit Petition for order for sale of real this miserable life. I Where is Miss Whitlock, sister of estate in the matter of the estate of 1 v Edwin Standing set for hearing Nov. the suicide, asked tiie reporter. She lias gone home with her mother 80th. to Tintic and I am glad of it. She did . me enough dirt after being a faithful 9. NOTICE. friend to lier sister as long as site THB LEADING HARNESS MAKER lived. Everybody invited to attend ' ol Spiingviile. Aliss Aleadocroft stated that she bad and all the following services at any tlie sworn. out a warrant for the arrest of Methodist Chnrcb next Sunday. exo"rr thirty-year- s Having bad Olsen, the man who had seduced her Sunday school at 10 a. nu A short the in harness I business, one year ago, and tiie papers were now sermon at 11, a. m. Preaching again perience am now prepared to make up as in the hands of Deputy Marshal Whet- at 7 p. m. Subject for next Sunday's good a work or buggie harness as stone. dissouises-o- f special interest to all can get in the countryjpr the you Where is Olsen? asked the re- young 'and old'so come bring your same price. rrianus. porter. I saw him last Monday, standing Tbe Chautauqua circle will meet All Work Warranted. in the door at Richters brewery, she at: Rev. Mr. Jeffreys next Tuesday T. TAME, 7 o'clock. Let all the at When evening she, replied. Icatclfnlm,8aid TJtha be members fur he ngvlllo, when not will prepared be myay, it discussing- Siri his, . . on all articles tbe road )ct, CJiayin, I started xue on the unfortunate Hoods Sarsaparilla IIos-Dita- Hoods Sarsaparilla AIc-Ada- ui MONUMENTS TOMBSTONES, work warranted. NOTICE. Mr |