Show DISTRICT COURT two C charles a 0 u ati new subjects abr uncle sam fah letof Pet of morning amarge number of ba kt tt t c A J f tors we represent the court stated for the benefit of the gentlemen of the bar that hereafter all legal matters filed with the clerk of the court must bo written on good legal paper or its iff ink papers that donot conform to these requirements will in future be rejected after the disposition of some I 1 n business w J at the request f S of rt judge williams the defendants in the unlawful cohabitation cases were given till monday morning to plead petit present joseph smith T H musgrave george iw larkin aaron dewitt H blackburnn Blackburn 7 M L ensign thomas slater peter jensen wm walworth tb wm lowe bluford A bybee jesse vanderhoof Vauder hoof walker barlow jesse M langsdorf I 1 carl jensen stephen moyle A tl Wells josub moore joshua williams W W aunee and J R stewart thea court announced that the witnesses in the case of the U S vs J H nelson were excused till manday morning at 10 the case of the people vs bach ewas taken epand as several of tho witnesses were absent on motion of the prosecuting attorney an attachment was issued for the delinquents returnable forth w etli in a little time E whet stone 0 E hill and L appeared in court arid at the request of hia honor they took a scat in the jury box they each offered their excuses after which the court said it wai evident they each considered their of than the business of the court in the case of mr hill upon a marshal who had undertaken to telephone mahill Mr Hill when he would be required in the court mr hill was therefore excused informed tho marshals that if any of them undertook to do such a thing again they would be punished for contempt of bourl imra abar came into Court buy his excuse iwas and he wag excused the other two witnesses whetstone and were each fined two dollars for couii tempt of court in not obeying the which necessitated an attachment tach ment being issued for their ap bearance they were given till two in which to pay the ahne The following were called for the case joseph smith JH musgrave aaron de matthews thomas H blackburn M K thomas slaters B A bybee carl jensen steohen Moy leJos B moore and J K stewart y they were sworn statutory qualifications they were then cx amihud byco unset oh alth sides assed andoorn and sorn th e defendant S iha fi indictment with obtaining money by false pretenses in november 1884 athe i offense offence as was committed in alna city the defendant obtaining from M richter on benting sen ting th ath was the owner oft property m germany and also shortly oln ginto the butchering business in this city M richter was called and sworn he 13 aa is engaged 1 jilb gyMa bertho der tho acquaintance odthe defendant lait year About the first ber he and some papery iq the effect he had some money coining to him from germando Ger manyO witness has not seen the papers since J ona the of november abe defendant came to witness and he was r i pi p i J IT i i mg a little money and witness told him he would help him if andlee and let him h ave 85 th fainot wa inot p ald ness employed twomey to watch defendant tn defend ta baltake Sal take city andon alg retura he fold witness ha thought he would soon get hia after no eandi he had received the tooney a check the bank hero mr kimball ifor ake defense moved that all the testimony be stricken tho indict aba bained in ius coin and currency aronim fro niM the couitt ook until pm t at tho opening of court ahja forenoon john anderton chaa aan darton aad isaiah anderton of county were admitted las citizens ortho united atis factory answer to the questions aaker and according lo 10 itha their witnesses being upright and honorable men peter to citizenship 1 in life caasi loathe people ys varian said tho objection raised by the defense was aa there w to all appearances pe arances a variance merit afie objection of the defense wag sustained and tho the case was ordered to be harcken out the prosecution relied and his honor dirac tho jory to find h verdict of not guilty th c indictment charges the deafen dabit with obtaining in coin and currency af the U S but in the testimony of tho prosecuting witness it transpires that the defendant received from leini a check there i no evidence in court of falso pretenses pretences on tho part of the defendant consequently itis it is the duty of tho jury to find a verdict aa directed tho verdict was returned and MrVa rinn asked for an order of the court that tho case be re sub bitted to the grand jury mr kimball opposed this on the ground that thero is no testimony before the court that an offense lias been committed he also called attention to the the extent of imprisonment that can bo given in these cases is only one year and the defendant has already been confined eight months awaiting trial mr Varian contended that there is erlma facie evidence that an has been committed and lie considered the case should bo ro submitted his honor said he would consider abo case and render a decision in the near future mr varian asked that indictment no 3 against the same defendant bo taken up counsel for defendant stated they acro ready for no 2 and asked that it be tried the prose coition not being ready for trial indictment no 2 was dismissed and an order for its mission of the case to the grand jury was made indictment no S was taken up the same jury as that which served for the first indictment was im paneled ta this indictment the defendant is charged obtaining from M richter under false arc tenses on the day of december 1884 moritz richter was called and sworn the defendant came to him last december and asked a loan of 20 mr kimball objected on the ground that tho defendant was not charged any ortence under the territorial laws and quoted authorities to support his position mr varian replied and alie court overruled the objection to which exception was taken by the defence witness continued Bachna glo represented to him eliat lie had a check in mr Beards loys safe and he would repay the 20 in the morning here followed an objection by mr kimball on the point that it was not shown in the indictment that the money was obtained under false pretenses the technical language of the indictment was criticized criticised at length by counsel and numerous authorities were quoted mr varian replied at length and the court aver ruled the objection and exception was taken the witness again continued on a previous occasion witness let defendant have on his representations that he had about coming to him in less than six weeks on a subsequent occasion lie let him have on the same representation witness also went security on a note for for witness believed the statements of defendant until he befanto fancy there was something wrong about the time lie let him have the defendant left two days after witness saw him coma back on the V P train from the east neither of these sums of money were ever returned cross by mr kimball the 20 transaction took place at the brewere brew erv he aavo defendant two ten dollar gold pieces negotiations were made with rich tors partner mr mccarty to buy his interest in the brewery tha was his own private money not tho property of the firm tho proceeds of goods sold by the firm lie kept in his pocket to deposit in tho sans in tho office at tho town office louis was called he was driving a hack last november has been to brewery with 1 the defendant st iveral times he took defendant out to the brewery in december tho testimony of the former witness in regard to the twenty dollar was cor at the time of our cohig to press this case was still being tried |