Show r THE richard ie for john fowler of tin city in dietel dieted for bigamy under the laws of the united states have filed a motion to sot aside or quash the in ground e ing fully abet forth in the motion itself which appear elsewhere in to daye the points are well taken and rest upon such souna anu weir defined pUs of law and practice a take the objection entirely outside tho pale of merely technical procedure and go to tho legal marrow of the proceeding itself why t has not occurred to others who lave had criminal basea in hand to tako similar action is at present mystery in view of the fact that at torness are supposed to defend legal well as an and interests of their clients the honor of the initiatory step in this direction having fallen to pur townsmen above named ahey will receive full justice and the case au needed attention the points consecutively commence with section of the criminal practice act see aion laws of 1878 ap pp 99 and which provide that the indictment must be let aside by the court in which the defendant is arraigned alpon his motion in either of the following cosea where t not found endorsed and presented as prescribed in this act when the defendant had not been held to answer before the finding of the indictment on any ground which would have for challenge either to the panel or to an individual grand juror again A challenge to the panel may be for one or more of the following causes only that the requisite number of ballot was not drawn from the jury box the notice the drawing of the grand jury was not given in the manner by law ibid Sec p 85 A challenge to an individual grand juror may be interposed for one or of the following causes only that he ie not an eligible juror a provided by laar that he has served as a grand or petit juror within two year next precede ing ibid sec ap pp 85 and 80 the poland bill compiled lawe of utah page 55 afler prescribing the manner of drawing grand and petit juries and the notice to be given and the juries drawn and summoned shall constitute the regular grand and petit juries for the term for all calce now only five of abo juror so drawn were aled on the grand jury all the others were excluded but for no cause known to or authorized by cither the statutes of iho united states or the territory of utah in of the fact that a question may arise to the sufficiency of the we would refer lo 10 the fact that a in the case of clinton vs englebrecht 13 Ya Iaco and in the cabo v the otto the supreme coart of the united state decided fiat grand junes must bo im paneled in accordance cor dance with the territorial eta lute hence no court can legally deviate or change the 84 laws of 1678 of the criminal practice act decaires dec Lires that a gran d jury must consist of fifteen eligible citizens of the united states selected summoned and im paneled aa provided by law and on page 85 section it provided that an eligible juror must be one who resides in and hai resided in the judicial dietrict in which he ie called upon to six months nes t preceding ahe is elected by the probate judge and clerk of the dettrict ct court to etrio as juror a prescribed by law andi who i a taxpayer in thie territory and who hae not berged on grand or petit juries within the term of two years next preceding these plain enough for tho roost ordinary mind one suppose having been ignored in the case of mr fowler there is evidently but one thing remaining tobe done vit to consign the indictment to tho elove and ducharne du charge the defendant the motion will probably bo argued in ogden at the sitting of the court here the prosecution not being ready to proceed at present election in the remt nta blish but little in the way of indicating di the exact betalu of things political and their bearing upon the presidential contest next new york u the real ground waa well and generally understood before and tho act that neither party can lay claim to channg carried it add the light previously reflected upon the the southern stated will of cauree alt go for the democratic nominee for ident whoever it be for their well being dekende upon the triumph of the democracy thie leaves but electoral vote to deed to tho ef that party and new bortt 11 or chan half of atheni and way it goe indiana new bertey connecticut a and perhaps per hape California wiH follow it so the great of next year it will readily be acen is not decided iq advance by any means both lurliee purl iee hold dybata blo ground oud but the actual votes can bettle the question ae to candidate there ie but douba G rant will lead ilia column while a hd bayard egand about in equal chanco of heading the opposition |