Show i k i THE EMU COURT X t churco caws casts called and a supplemental I 1 A aliver filed lase case continued KUERS FILST cam to 1 the be ailion Fi luttre th rhe gratia jari jarl EM pace led malt to 0 o the tb criminal calef lilar 4 yesterday morning was the date dat e get wt for the em panelling of tb the fr brand an d jary jay end and the investigation of the criminal calendar the room was 1 nearly filled with citizens who had 1 1 been summoned aed to appear before the coort court and in case their names were called act ail jurors in the liet list read by clerk mcclure bat but three gentlemen v were vere excused and they not because c use they were unable to take the oath bat but on account of sickness and an d press ree eare ire ol 01 business 1 the follow following lo g jary ary w we Is patrolled empanelled m led IV W corey ad kuhn 0 L corey jr J A stephene stephens W N shilling J S mccanley mccauley J P F banomi begecher Beo echer hiland berry chae chas A nelson J W dykins L D ensign 0 P UM iman riman D 31 cox 8 11 cave P 0 gsg bodge 31 miner ner t then hen made the following ch charge arge his first in utah to the jury i or TUX THE jozy the lair air make makes it incumbent upon th the a bourl to charge the grand jury beloro before they retire end nd the court Chartre aliw s yon n follow you have avo taken al 04 oath th that alo y juwill ou will will diligently inquire into and nd true indictment indictments mike ot 11 I 1 public offenses ol Tene against tl net the people t of 0 till this t ory 0 omitted or triable teirra within it hintel thi d at r i et of ole which w h you hall shall have lyl legal evidence and that you youw w 11 indict no gereon through malice hatred or ill will nor leave 16 an any y through fear favor or 1 alie ao cllon or the promise of 0 hope or re ward but in all your ind indictment letin tt a you will 1 tale state the truth the whole truth troth s and nothing jtb but the truth according to the beet best of skill and now the these i a are fully imposed u upon n you and bachof each ot you by law a zell well I 1 MI a by your oath aut lint the law require requires t their air fill fulfillment filline tat at your band hands I 1 I 1 1 youth you that you hould bould inquire in 1 to all 1 1 p public u ablio off t comm tied or triable in this c coort alt within the judicial district and thoa offe es returned to thia this court by the proper officer officers and them to thi this our curt by nt lit present 11 I 1 the evidence war rant rents you in so 0 o doing thi this indictment rei toi terr s d to 1 is an ali accusation in writing pre tilted by this grand jury to this court aber mom n 0 persona I 1 one with vh p public b 11 c crime Z or 0 er 0 o and ad are r to found ad b by you u on tea men 0 w i produced be before an r to or bolh other T the f foreman r e man of 0 abe the rand jury jury may administer er 0 cathi i L th to any and all wl besles nesles appearing before you and n in the on of charees for the par of 0 an indictment you can receive ill no 0 other evidence than uch oath as s Is given by wit lesse and so s wom o before ore you 0 or sue such as may by be produced adduced by legal documentary aa or 0 1 dex dence ou ahou hould I 1 not oon in any ny cie 6 berc e abo any b but 1 legal gale evidence iden c e and d t the tx bt at evidence e taeg 1 in degree r e to abe the exclusion of hearsay or secondary leeonda r ev evidence I 1 you yon are not bou bound n to heur ev evidence evid ene enc dence lor for the defendant delen daut or su uch ai may tend to exculpate him irom from the c charge arge male ma le but built it Is I 1 your worn duty to we weigh ig all 1 dence submitted to you car carefully e full in and when rou b hare e r reaba son to be believe t that t there 1 I 1 other err e evidence vid e ence within itlie y your ur reach that may eipl kin away the t 41 cbs charge e made e 0 or how show the charge Is 1 it ml to taken ell one or a groundner gro one or f fate also an and d made you hould in that cane case 0 order Buch ev idenie to be produced before you and for or blat purpose you 0 n m may y request t the he p e u ting gill officer myth of the a d the united unite rot 1 l district attorney ea or bis his assistants au litante to issue tor for trite purpose you at all umea time bearing in mind that itis li 1 t the e guilty that you hould should indict and not the he innocent you hould should fint uc ascertain ertain from the evidence submitted whether or not an ollene lene ha has bien committed and next ascertain tat n whether there Is 1 probable cau cause to aue a that any ny panl cular perron 0 or r pe 0 o X committed euch each offense and it gi y you 0 du raould h on d always wa y s find an indictment when all thil this e evidence do n e e before you taken tog ther and uno unexplained lil pla ined would in your judgment warrant warrn conviction dy by a trial jury you are I 1 lurther arther instructed that if a member of t the th 6 g grand rand jury knowe knows or hai has re reton ret on to believe th that t a public 0 of lenee ens t triable able within this district tr has been ell committed in itt uch much juror uror hould should declare t a to fellow ellow jurors and t they a should the hereupon here u apon n investigate digate the he charge rge made you mutt must inquire into tho the caul case ol 01 all per BOD on imprisoned in thralls the tho jalli alls prisons pr reform chool school and other places for or confinement ol 01 person chanced with crimes or of tenses axa t na the law lawsin in this territory and into the tha condition a ani n I 1 management oft of the he te territorial ri rit orial tortal reform school and d other public w within athin thil this theorict and nd into the wilful and nd corrupt dinitte misconduct oc uc in office of public officers into A I 1 cases of bribery and 11 evidence ot of every with within n t thia district and it you find uch 1 I misconduct in an u a warrant a at a public trial you bould should so 0 o find no mater who ho uch such person may be in the t lo 10 11 0 ot off entea enes you should know no one person ll 11 or set of persons favors favorably suai j I 1 or b I 1 wealth distinction and influence influence on ill the a one part or poverty or want of ing in on the other part of the cereo tall to froin chained charged hould should not deter you arora full careful lave into every erl criminal act indictable by law you about d andes n no 0 circumstances show hoi any partiality or t avaritt 11 in to any zoo alor or woman woula all viola t atoni to of be he lot law must stand or IAN bythe same rule in this way only can the law bo be faithfully slid 1 impartially enforced upon all off onders you ou are entitled to ane reevs at all reasonable time times to all public publio prisons in the district and ba have baer er 1 to tho examination without charge of I all public record records within thil this district you may also at all reasonable time times come into court cour and aak ask IU its advice ou on questions lon of law you are aldo is so entitled to the advice counsel and aid of the district dietr lct attorney lorney at ol 01 this aid ct or hie him d auty or deputies deput lei and anda assist ailet nil tile and bud they or either of them may at all times app ar or before you yon lor for the put so ol 01 giving aft information and advice rela ir iva to any matter by yoa tou and they or either of them may mail appear be fore y vu and witnesses whenever they or you may deem it necessary nece but with the above exception you roll will allow no other perron or perron portions before you couo or r I 1 i er mit any other acron on to be bg your 01 the grand jury except t the member 6 thereof interpreter and witness ea to actually under exam examination nation and no per ion not even thou those above excepted exempted mr m no r 1 be P permitted 1 tt to be i 1 resent during the th e espres don ilion of your opinion or when giving your votes upon any matter before yon you are further instructed that it let h 6 duty of every member athe grand jury to keep secret whatever be he himself him nelt or any a ny other braad I 1 ial d juror may bare have fid aid or en in manner e r y you out or any other ment member ol 01 the grand jury mav may have voted on any matter before to 0 you nu you will win alio also keep ocre cr etall tall E proceeding 1 I g before you including evidence taken bei before you 0 u except aa As ili the court order for lot the b T furtherance en nt k justice and the of crime tor for uses committed before y you 1 or in your prow preice nee ce you will kotore not depoe lit pta elt the he testimony given before you by any n ison or witness to the person per son ILI J n ay whom uch such testimony mony Is 1 given or ta to any other peron person unless it li Is to be in a proceeding in court or a trial and as j ordered by the court and you cannot be questioned lor for anything you may gay say or any vote you nay by give in the in grand ory ury relative to any matter matte r legally pending before the ju jury ry except tor fora perjury pe rury ol 01 which any one of you kiy 1 Y har have been beeri gollay alyin in making i S mccu or giving t testimony c m on to yo ellow 0 juror jurors your attention is 1 1160 1 directed to al au else duaei I 1 0 of I 1 offenses of Tenee under the law laws ofa of the ull unit I 1 t d state and especially ly to that close 1 of 0 of f fenie uses onder under the latue known As a the E edmund d munds and the edmunds tucker ita act denominated as bigamy polygamy lul cohabitation habitation adultery incest and ad fornication cat J on connection ais I 1 i proper to say ay t to you that alt 11 per benoni ons concerned la in the lon ot of any crime whether it be a felony or misdemeanor and whether colstr the they directly commit the a t themselves bonu toting the offense oi rense or of aid lid abet co coun unselt nel co amand and advie advise other others to do so aud and thoe those w who h 0 D not ot being precut present at tile commission comm luton of such crine crime or misdemeanor mie demeanor yet who adalee councel cou e aid s comeal command d and ad abet t euch such other others to comin uch such of tense are guilty as a prin principal ol 01 the re offense to aided aide and counsel ed by them if 11 committed and uch such persons choth may il y no matter whether 1 r all be indicted by you uch much offense be murier arber robbery lancey bigamy unlawful lion or in any other crime or and all ell persons pe reon who alter after lull full knowledge that a belou felony has ha been coin bitted conceal the kaow knowledge edge from 0 mae magistrate strato or proper legal tribue tribunal 1 1 or harbor and protect t the 1 re peron person charged with the commission thereof are beco ale to be crime committed bitted ande and are indictable you may play find and occasion clon oc to onto enforce ace these rule of law aa 63 to polygamous oo marriage do 11 and nd other knitel stale states offenses on enea AS aeu waff territorial ili he a of ore arm arms and attempt attempts to klu kill and m are becom too ton frequent a and ind your careful attention ing to called to au all auch such ca caw you will wl lalo 14 0 care all ibis abl class 1 of odea often sell a a not law carefully fulli of be united state states ar arising listug within his hi district 4 and no ee toll to it that Y you leave no uch such gull guilty ty peron person through itar fear favor or of ST affection or of any through thereof the law Is I 1 I 1 larra in or hope arra firo ive and ad a ouia be enforced a we weil I 1 AS a rh obeyed eyed to you la Is largely entrusted the live and properly ol 01 the people aa a well dellaa an their an in ity cannot be found without the co concurrence nc 1 I a al t lat least twelve grand juror and ad when so 0 o found it must too been ell doties true trus bill and na signed by t the he orsman of the grand small jury 11 A grand furor again g whom hom a challenge b haa ma been nd ju allowed 1 cannot 0 otake take tart part in the tile aou ot of th the charie charge again ago not the de W lygre q 11 who interposed the challenge and lit jury roux inions norm the 11 court on 11 of 0 tny any lot of thie instruction n truc tion in thin this in vance I 1 think bk 1 there I hu b as been no 16 challenge aito member bent grind ann III lury 1 ur y 11 I 1 twelve grand rand juror into do n not 0 concur in finding dic mgt a defendant dant who hu 11 3 been beu held h 1 I 1 l to it criminal cher gehe all 11 abe h ap uon and tota state anent it iny Y to you YO munt inual I 1 e returned to the be court with AIL a in uj oreme ailt thereon th t creon sired bened by your a foreman on 0 to o t the a ft th at the e charge go 1 11 d muth m d W ben en you bad find an in indictment agai de defendant fen it ant the nom of the witnesses ex a ined or heard Is before I 1 ere the erand lury jury in mut b ix 6 n 0 r on abe toot of the indictment me belore b ter it li i s on pro the anted to the court and wl when bell an idam ent li Is found b by 1 the brand od o d jury 3 the i fame a must a b b by 1 ulf in your lour ile presence prea ence er to abe court by handing the gamo to go the cleric clerk thereof without 1 phout ats d lag the same or other an n nonn noll cement with ili com I 1 submit the mat e under der con Ide ration to you gentle ra en and you res a Y retire under the charge 0 of an officer 0 to the erstad r find jury room the jury then filed out under the watchful eye of the united united state states marshal mar took the oath and re to their pa pers ere nothing was done yesterday in the matter of hinves tl alto to and th the e real work corn com mene es thia this morning at two the various church c were called these suite suits were brought by bv ex receiver dyer and nd are now continued by receiver lawrence to gain possession esloa of the north west corner of union square to be held in trust prior to the dettling ling of 0 the accounts ot of he the in incorporation P 0 ra lion the church of jesus cor christ h cr t of litter latter day stints saints ibe lot was d ed edd d to the city ol 01 ogden by the chunh officials end and the receiver now bring suit to recover the same the cape ia is entered upon the cale calendar a dar as F 11 der ie vs D M aa stuart et 1 al I lion le Ls grande young appeared for the church city At Attorn torne ew heywood forthe for the city and 0 0 8 varlan varian and juddi marshall Mare ball for the plaintiff p ain attorney attorney y young upon from the plaintiffs attorney moved the court te to allow III him m to file a supplemental pl plem e m answer ti to the complaint aleo 0 sec second 0 nd supplemental answer the first request was argued and taken noder under advisement the second was argued by both eldee sides and mr bit young introduced as evidence in order to refute a statement made in plaintiffs plain complaint two affidavit affidavits one signed and sworn to by himself and franklin frank I 1 in S richards stated that defendants denied in every pr r the acau that the church ch ga teaches s propagates or in any way recognizes izes ze s polygamy unlawful ant coball tation or adultery and upon their oaths oat ha do say that on the contrary euch such practices are forbidden and not made a tenet of their faith falth the other wai was made by edwin stratford who swears that he is an officer in the church in said action and that the doctrine of of 0 polygamy cohabitation or like practices ea are ate forbidden by the church and are entirely done away with that the beason he had not made this statement beffie was be chuie until the last conference the practices aforementioned had not been officially abandoned thia this is the fuel tun time iu in the history ot of the ti territory that euch such affidavits have been filed tn in any court the judge granted the reque request stand and upon U lion motion of the defendants and b by y content consent of the tile plaintiff plaintiffs the case was continued until |