Show I RANTS f NEV V E TRIAL FOR FORVE VE GREENE REENE Supreme Bench Rules on Se Sensational Sensational Sen Sen- Case Carried up From Mt Pleasant COURTS COURT'S IMPROPER REMARK Statement Made to Jury Declared De- De dared to Be Prejudicial to the Defendant Because Judge Ferdinand Erickson of ot the Seventh district made prejudicial cial statements to the tho jury that convicted convicted con eon Webster Greene of or a n statutory offense the Supreme court yesterday handed down an opinion which reverses re re- verses tho the lower levier court and grants Greene a n new trial S The rho opinion which was written by Chief Chic Justice McCarty and concurred in b by his associates associate's recalls a n scandal at Mt Pleasant that resulted d In Webster being sentenced 1 to two years in the thc penitentiary by Judge Judo Erickson before beCore whom he ho was tried Sentence was wa passed October 9 0 D. D 1907 In find finding Ins Ins- for tor Greene in this case tho Supreme court holds that Judge Erickson made improper remarks to the jUt Jury All of the evidence was Inand in inand inand and the state had rested its case when the tho counsel for Greene moved that the tho Jury be instructed to return a verdict for Cor the defense on the ground that the state had ra Tailed etl to to prove that Greene W was oos S a n. married man Judge Erickson overruled this motion and said In tho ho presence of the Jury jut I r I want to to- to say to you ou that it H Is against my ideas that a man should be bo permitted to live lI in a n. community for years ears and years and hold himself out nut as ns a n. married man and live 11 and 1 cohabit with a u. woman woman and lead their neighbors anti and friends to believe tI that nt they ther were husband and wife wire and then simply because the state cannot pro I produce pro pro- duce chico a record of or their marriage this defendant ant can go scot There There Thero had been some question as ns to Greenes Greene's marrIage and tho state at attempted attempted attempted at- at tempted to prove t that t he lie was married by common and by the Ure presentation presentation presen presen- tation of or a deed of or conveyance which was signed by b Webster Greene and Grace D. D Greene his wife Xo o actual record of the marriage was ever er In Introduced In- In rho Tho defense objected to the Introduction of ot the sl signed ned deed as evidence but lut JU Judge Erickson overruled overruled over over- ruled this objection The opinion handed down yesterday sustains Judge Erickson In In this respect explaining that tho the deed keel was only as nn fin admission on the part of oC Greene that he ho was was- married and not sable as an ac acknowledgment on the part of oC the woman that the marriage relation existed between them TA Lower Court Cow Affirmed In an opinion handed down do yesterday yesterday yester yester- day written b by Justice and anil concurred In b by his associates the judgment a Jury jun verdict In Judge M M. L. L Ritchie's court was affirmed John Prye respondent brought suit against Perry Perl Kalbaugh and the tho Kalbaugh Kal- Kal baugh com company pan appellants for tor G for services rendered to the defendants in 1 1905 05 b by drilling and antI dIgging digging digging dig dIg- ging rock and antI dirt at the Kalbaugh quarries in Parleys Parley's canyon The Jury found for tOl J Prye frye re to the amount he had sued for but In refusing refus refus- ing to grant tant a a. motion for new trial Judge Ritchie lUtchie reduced the damages to Kalbaugh appealed to the Supreme court on the gro ground nd of ot In InsufficIent Insufficient insufficient In- In sufficient evidence but the Supreme court holds against him |