| Show ROBERTS WAS OH TRIAL SALT LAKE JURY FAILS TO ON VERDICT ex congressman elect brigham H roberts was tried yesterday in the district court before judge norrell and a jury on the charge of unlawful cohabitation it was alleged that roberts unlawfully cohabited on january 1 1897 and at divers other times and continually to july 1 1899 with his legal wife sarah louise roberts and with margaret ahlup roberts the case took an unexpected turn county attorney putnam announced that no testimony would be taken but that the issue would be submitted to the jury on an agreed statement of facts so no witnesses were called and in lieu of oral testimony a statement as to what witnesses would swear to it called was read to the jury the entire forenoon and until in the afternoon was occupied in impanel ing a jury of the eight men finally selected six are cormons mormons Mor mons one claimed to belong to no church but was of mormon parentage and the other is a gentile after the Im paneling of the jury county attorney putnam read the agreed statement of facts after which brief arguments were made and the case was given to the jury at p m they retired to their room in charge of bailiff naylor and after discussing the case tor a snort time began balloting from the beginning they were equally divided tour being for acquittal and four for conviction twelve or thirteen ballots were taken without changing the result at p m the jury were ordered locked up for the night after that they ceased balloting and appeared to have made up their minds that there was no chance of their reaching an agreement the defendant was present during the trial watched the proceedings with interest and was keenly alive to the humorous incidents that occurred he remained in the couff room for an hour after the jury had retired and then iet in company with his attorney J H moyle the prosecution was conducted by county attorney putnam and assistant county attorney van cott |