Show 1 1S THE HAWTHORNE DEMURRER Judge McBrlde Beg illS His Argument Argu-ment Upon the Fallacies of the Indictment In the Third District Court this morning morn-ing Judge McBride began his argument b upon the demurrer previously entered to the indictment in the Hawthorne polygamy poly-gamy case The demurrer is a general one upon the insufficiency of the indictment The first point brought up is that the indictment indict-ment does not identify either the time place nor person concerned in the first marriage Mr McBride read the Territorial Terri-torial statute under which the indictment indict-ment was mude out and proceeded to show that the indictment could not have been made under any other statute The ground taken is that as the statute makes it absolutely necessary that the time and place of the first marriage should be named the I I jury had no right to return the indictment without first having ascer tained these facts Mr McBride said that such an indictment as the one found against Hawthorne gave the defendant no chance to answer as the occurrence of the previous marriage was so indefin itely stated that itr would be impossible for him to tell what it was he had to answer to He said that it might be that the defendant had been married several times before taking the step which consummated con-summated the offense charged and in such a case he would be entirely at a loss to know for which of the previous marriages mar-riages he had to account He stated fur ther that the defendant had probably been married several times before and each time legally married and that if such were the case he could not be obliged to bring witnesses to prove that he had been divorced from the previous women or that one or more of them had died In short the gentleman claimed that the jury had no right to bring an in dictment fhnnl to which a man could not reply rn nu L VU IVIU uncy action 01 I11S past history Mr McBride was interrupted before he was half way through his argument but he will soon have a chance to finish what he has to say on the point |