| Show DISTRICT distria COURT couff 0 tho courts charge jo to hie tho grand jury I 1 ABOUT tir TAKING WIG THE OATH I 1 matters disposed of A divorce casa ca abruptly terminated at tour four on coruby lie tile court charged the grand jury be ecford fo ro delivering ilio the chante lov ever ilia honor enid said a question had been rali in relation to the jurors taking the oath required by the new law all had to it it rl now lv will with the exception of one juror u ito 1 had sub scribed d to it nt fit provo the nt attorney torney fur for tile government was bof of the opinion that it if z a i in m in took the oath once that wag suf ficie lent nt tint that the legal ica il supposition wits n as tint that lio lie could as readily toko tako it again mere that required the court remarked that th it the law m asso aa eo constructed as to load one to suppose that the taking of the oath once qualifies a ician in in for jury jarv duty thereafter a the atu amor or in in mr illiams williams caused somo some merriweat merri went ly by stating that ho lie had done nothing since ho lie took the oath which would prevent him from taking it again his honor ho however mever concluded that it was unnecessary for the genela man subscribe to to the oath again irain since lio lie lud had taken it a phot short t timo time bo foro fore in tho tile paino paine i court at provo prove lion ilon 1 P 11 1 L inerson who ho had caller ailed the attention of tile court to the matter maintained however tint that for the of this court and thia jury it was insufficient thata a nun man could not bo be florn ono once and then er ever after be c eligible for jury dut aitho v without t being re sm orn the g gent ent feinan eman e U announced that lie should move to quash an indictment found against any client of his hi by tins this grand jury ury henry griffith was mas then selected as an foreman of the grand jury andem and worn orn the whole ti 0 the jurors vere were then sworn and the court proceeded to birge charge them tile duties of a grand jury were defined and the necessary for absolute secrecy in their deliberations was pointed pointe dout out alie a adjured to bo impartial in their investigations and not to bo be influenced by fear or faor favor towards any person in investigating a charge against any person are not required to cons consider r ev eldeine lence for the deleno defense unless it ii 14 such as will mill explain away entirely the charge against any citizen the e idencio luponi which t they hey should return an all indictment should bo be such as a a petit jury could conscientiously findall fand a verdict upon the proof of guilt lio hofacer hoft never does not need to bo be ro so throng and convincing ais ilis honor read to mhd jurors the statute in in regard to the evidence required the evi evidence should bo be of a nature to arrant warrant conviction the philosophy and theory upon minoli a grand jury ury is summoned tint that the he emberg shall 11 all come from the body of the citizens and they he aro are supposed posed to be acquainted generally en eraY with the demands of the lave laws and the violators of the lane laws in in the district in in M inch which they reside their duties are ire d different aeilt f broin in those of investigating 9 I 1 n ilia honor ailed the attention of ho jurors to the prevalence in in this T territory 11 t til and he gestated stated incidentally that the practice prevails to as great an extent in eur rounding states and of carrying weapons and of alp destruction of persons and arid p property v IN weapons eamons aro are ased used upon tho the persona of others sometimes upon very light provocation he lie thought the calendar of tina this court at provo recently justified till opinion of bourse bour e the jury is is not required to indict in persons against m boin such arinto irimia 3 iro are upon less evidence than would mould IKS be considered ered a in oilier other canes cases but the matter shou should d lie be given liven careful attention crimes against united states staten lis laws vill mill also have tobe to be investigated ilia defined unlawful cohabitation and alo al 1 o called attention to the ed rd mund r tucker bill particularly lie the ard ath and ath beet its thereof in in relation to adultery fornication fornication and incest iii celt in referring to the adultery clauso clause 0 of f the new ne law w ins iia honor eaid said that if the ho jury found a man who v ho married euy say three wives wives so many ve cars ire a ago go that tho the original crime of joiy is outlawed and lie is is stil detill liv avith a plural or unlawful eife wil 0 that man inan m would be guilty of adultery adult eiry it if sexual intercourse could bo be proven but before such a person cou could d bo jie in indicted for adultery the jur jury must bo be satisfied that there ha has ln been inter fourson between tho the parties this offense ig h unlike aniam cohabitation in that sexual intercourse ie is 0 unnecessary to lie be proven to co conviction n for or unlawful cohabitation while it must bo be proven to ito make a cate ca te of adultery after a few admonitions about amut the necessity for not listening to street talk or public sentiment tile court informed tho the jurors they might retire to their room they fileda filed out u behind aex deputy exum r and n court then adjourned till 10 on tuesday morning TUESDAY 1 11 court ocene opened d at ten oc lock in the case f Js J J kelly vs A J and barah lC ershaw the motion of 1 varian van in on the art part of plaintiff 1 n In a further bond 0 nd v ia as denied in iring n the te caw of charlcy cawl 1 cauldwell vs henry ct et nl at mr A 11 nelbon for the Iain tiff linked asked for a decree dei reo of foreclosure of mortgage against tho defendants who were represented represent od by captain smith mr air 1 was sworn and arid testified to the fatte iu tho the case and anil the matter woe was taken under advisement 1 in the lie divorce proceedings of ema m a lintz printz va vs Uh chistian ristian printz P J barratt esq for tho the defense demurred in f I 1 to 0 the complaint on tho the ghouri ground that it di did d not bet set forth facts engfor tor granting a decree sir L attorney for plaintiff replied o a 0 i i IT utter after a liard fought battle between be the contending legal leial gentlemen tile coort court overrule overruled he the demurrer e mrs brintz vaa was then sworn and te testified stifled that fw eho she married defendant in 1873 in bait salt lake city bio last m it nem alward of her husband lie in ile cal las ed nothing to her support during tho the pae year 1 hoeft I to left jan J an ath ill 1880 witness considers him able to provide for her lor for two years eara ho lie was continually rio notoma tousand ed iio ile abused witness ran liar ter in debt deb mortgaged glicr ter property proper property tr and pur aued su a career I 1 lie e wan was in tiro it habit ila it of knocking atnes down and for bome son le she 1 carried the tile marls marks of bis his cruelty I 1 in I 1 I 1 erma a examination witness add A air mr left her on aan fan 7 1886 mr barrett called thi the attention of tho the ba complaint aich atas as signed 1 in 1886 yet ct tho the complaint corn plaint yet K forth hat for twelve nion past defendant aca is wilfully mil fully deserted lir thie this causa caused another rupture between the attorney and hey they went at it ag 11 n for a few mon lentes 1 allowing homo saine letter letters nere ars in introduced fro witness druied having written to mr printz the letteri letters were handed to the court und anti after hi ids honor loner I 1 examined them he lie albed wit adf she wrote the letter letters there aitt J ft two of them one fitness paid said she o 0 hail had writ teu and tile court examined the lettera together bonom ono written ritten in july stated that t a child ti had suffered f from rom pleurisy e r T the e court asked witness if sh sho ih thought 1 t anybody ciso else would write to printz and addre q film it 3 ay 1 tear husband witness itney it neB dil not the other letter the court g gae it as hi is opinion pin ion hit that tho tile letters acro ore both written ly by the tile same per ard and plaintiffs attorney that fact illet 1113 crosa was continued ind 1 paid kid that mr printz rue ue her liel nil till ills property and left lier her ai ne cording to a mutual arrangement between tile selves 1 as they considered con it impost diio to lie live together sether to Mir its elial took tho the stand and A testified to Printz lo sprees at the tile clow of tho testimony tos 1 1 ain gifta attorney moved to dl gneisa tho tile c 11 without prejudice the defense off offered ercil no objection lod and III I 1 court granted the motion court adjourned till 2 p in AFTERNOON at two five NT bannet anner jr asked that ma nimo name le be for those of Willii ins AAI A white in in all c s k I 1 in m idich paden oden city is inte interested restel d mr nir tanner baving la succeeded thon gentlemen a lt city cit attorney an order to that effect wag malc made on motion of plaintiffs attorney attorn ev tile c CIPO ae of f 0 osden ical cita Vs rt it R J hill ill adral Y s dismissed in nt the e CITO case of hannah IIan nali alien allen vs im hess a Itan Itans rford ford smith for plaintiff ani and A it heywood fo for tile defenso lef ense a 11 n for a wv new trial T wag argued rite case ws taken oaken under advisement the Marf chile adf for tile last term of court were ere presented 4 forab for ip proal and tile court then adjourned till ill tomorrow to morrow morning atten |
