Show OVERRULED to iho indict apostle snow OABE apostle snow pleads not guilty to a throe indictments the argument tho usual crowd of spectators were in attendance at the first district Court this morning inside tho bar were several anttoni cys of them chatting on the cases to como up in court while others were reading the papers and were endeavoring to learn whether bulgaria had whipped whether will had been probated and last but not least whether there were any more prosecutions for lewdness in salt lake city apostle snow and mr C W editor in chief of the OGDEN were present and R K williams and U 0 I 1 richards attorneys for mr snow were busily engaged iu preparing for the argument on the demurrer to the indictment in Mr Snows case shortly after ten ocl ocl his honor took his scat on the bench and court was opened inthe in the II enderson charged with grand larceny the defendant liis attorney II 11 II 11 rola ap pp asked to have the indictment set aside on account of objections against certain members of the grand jury by the indictment was found these members are J C peterson crandall II 11 0 and L D stephens the ground taken was that these gentleman have served within the past two years either on grand or petit juries J C morton and C W carson plead not KU alty of abo crime of bur flarv hank wheeler entered a similar plea to the charge of grand larceny and tho prisoners were remanded the arguments on the demurrer to the indictments against apostle snow were then proceeded with alie prosecuting attorney stated that the aholo of the points raised with the exception of one have been ruled upon by the court in previous cases this exception is a point raised in regard to the multiplicity of indictments the prosecution stated that the grand jury had followed the instructions of the court and he thought tharo coul d not be any question raised in regard to that matter judge williams C CR ichards and judge benitt appeared for the defendant fen dant judge williams argued abo demurrer lie referred to the instructions of the court to the jury that an indictment must be found for each day over thep of unlawful cohabitation extended consequently ly fudeo judeo williams argued that in order tb carry out the instructions instruct iona of his honor the grand jury should indict for every smallest period of time known to the law tho indictments state a period and charge that tho was committed each aad every day during the periods named A were quoted in support of the position eliat only one indictment could bo found it does not belong to the officers of the slate to segregate abo offenses cs that is a matter to ba defined by the law one authority quoted was a case of arson A sat anra eto a house and ahe result was that thirty live rosi dancea were destroyed yet tho court held that the whole transaction trane action only constituted ona oll ense although thirty five creal owners had suffered tho edmunds law treats the 0 both as continuing and segregated the law has not defined itself on this point and it depends upon tho prosecuting attorneys and the grand juries hence if they the attorneys juries undertake to bring more than ono indictment an indictment must be brought for each day during the period it was committed but U cannot be treated under both conditions if it is a of fenee it cannot possibly be made continuous and fi ce versa As a matter of history it is well known the governor of this territory and the corn mission are asking for additional penalties yet if it ia right for this to bo segregated thy imprisonment would be much more than a life time and the fine would reach am enormous BUTO ue in dittme nt treat tho as as edrei gated one they also treat it as a con one they treat it aa a segregated luense for each day aad as a continuing for a number of days this leaves alie offender in a state of doubt which avas intended by alie lawa of our country it is illogical to treat the offense under both heads his honor asked if wished to mako an argument as the court was prepared to rule on the question at once judge bennet stated that he thought alie ground bad been covered and his honor then aavo his ruling of which the following is the substance the court had given this matter consideration before givinn its to the grand jaries at brovo and in aiden it it claimed tho defense that cohabit ins with more than one woman is one distinct of lense that ua continuing in its nature this offense belongs to the samo class of cases as keeping n liquor saloon or a gambling saloon in fo to make ap ono offense the cases cited by counsel are those in which the offense is complete aheu the act which causes the ia complete that a man should meet a woman to dayon the burcet having seen lur lu r before and consort with her and hold her out to the world as his wife could hardly be considered cohabit ing with moro than ono woman it requires moro than one actU requires acts which go td matie up the outward and appearance 0 marriane mar the edmunds was passed for tho purpose of prohibit aig the infringement of the mar ariage relation aa understood by tho civilized world the defendant object 8 for the reason that there are three indictments whereas there should ono instead that it isa continuous nae and in consequence of this an indictment should bif found for each day it seemed to the court that the lat objection ia one walh the defendant would not raise it is also argued that the accused does biot know what will be the extent of pun ashment indicted fur the bot forth in the statute every citizen knows ho will be punished if he does tho law and the court of the united states has stated that it cannot tell a man how be shall treat lila wives but the law must be obeyed in no case can an offender tell ft hat the extent of his pun will bo ilia honor slated that this whole matter of alln hog indictments coverings period of time within which continuous had been committed came up in tho court of massachusetts several authorities were quoted and his conot held with oneff them that alio position taken in this case ia untenable because is no single day common to either indictment the grand jury ia vested with largo dis and may indictments for a single day or from time to time therefore his honor the demurrer in each caso and granted an exception apostalo snow then pleaded not guilty to each of the indictments after which tho argument in the mining suit was continued by sir arthur brown at twelve mr C W hemenway editor in chief of the HERALD argued on his demurrer to the indictment for libel his argument was clear comprehensive and exhaustive and was listened to with careful attention by the court and with evident satisfaction by the numerous tors mr hemenway covered all tho points and ventilated ins position thoroughly stating to the court eliat he did not wish to escape the just consequences of his act if he bad dona wrong ho only asked that justice be done in avery particular his honor assured mr that bo would guard hia rights in every particular assistant prosecuting attorney made a brief reply in the commencement of hia remarks he indulged in a little sarcasm common among leal luminaries but his han or promptly requested him to forego such a preface and come to the point at once which ho did the only points lie stated that he wished to upon were whether a libel had been perpetrated and he referred to one sentence in the article in ques tion which in his opinion was a clear libel lie also spoke briefly on the manner of publication asserting that it was unnecessary for the matter to be printed if it was written and any other person beside the writer saw it that was sufficient to constitute a libel but the district attorney evidently overlooked tho fact that abo charge in the indictment is substantially that the defendant did write and publish the alleged libel ons article and that it ia not stated whether he published it orally from the writing or printed the written article tho case was then submitted to his honor and the court adjourned until two |