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Show Cornelius Baxter of Pleasant Grove was on January 7, 1S95, brought be. ore Justice 11. E. Collett ot that city on a :harge of selling liquor without a ticecse. He pleaded not guisty find waived a trial by jury, and demanded 1 trial before and by the court without a jury. The justice, however, on amotion of the city attorney and agaicst he protest ot the man on trial compelled com-pelled a jury of six men who tried this sase. The jury convicted him. Now Mr. Baxter files in the First , District court an affidavit for 4 writ of prohibition enjoining the jus-cice jus-cice from passing sentence. The justice jus-tice has been cited tJ appear tomorrow (Friday) at 10 a. m. to show cause why he should not be absolutely restrained from any further proceedings in the case. Tnis is a very fine point of law, jne that it is believed has never before come up in Utah courts, whether a man can object to being tried by a jury and if tried by a jury under hiB protest pro-test the verdict can be declared Illegal. The point will be argued tomorrow morning at 10 o'clock, Warner & Knight appearing for Mr. Baxter and Wedgwood & Thurman for Justice Collett. Col-lett. Masquerade tomorrow night. Be sure and go out to the Southworth ha'l tomorrow night. A costdmer from Salt Lake will be down on Thursday next, and will rent suits for the masquerade ball of Friday night. - - Peof. Cl.trFF will lecture tomorrow niaht before the polysophioal society at the B. Y. academy. The board of directors of the territorial terri-torial insane asylum hold a session tomorrow. |