The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1883-12-14
DISTRICT COURT.
Clearing Up Odds and Ends. The ArGu.
ment In the Cotton Case. Notes
and Comments.

Court convened yesterday morning at
ten O'Clock. Chief Justice Sener pre-
siding.
The Journal OF the day before was
read by the clerk and approved by the
court. Yesterday was a sort of round
up day for the purpose of dlsposIng of
q few little odds and ends that have
been dragging along for the past three
or four days, and it was not expected
that a great deal would be accomplished,
yet all that could be reached under the
p%eremptory call of the civil calendar
was attended to, and more would have
been accomplished had there been
a chance to get at it.
In the case of Calland VS.. Weeks,
the disclosures of several parties were
taken as garnishees, or rather the mat
ter of taking disclosures was finished,
and several parties were ordered to pay
into the court the amount which they
were, according to the disclosures
shown, to be indebted to the defendant
Weeks, without prejudice to the rights
Of other parties who were the holders of
liens against certain property of the
defendants.
In two cases In which the City Of
Cheyenne is plaintiff and Clara Darling
and Allie st. Clair are defendants, and
in which cases the bonds of the defend
ants had been defaulted, the order of
the court Diminishing the cases was so
modified that the costs are irst to be
paid by the defendants.
Another garnishee matter was dis
posed of and the sum of $94 paid into
court, but on request we omit tine names
of the parties interested.
In the case Of Olson VS.. Howard ct al,
the parties got together. with their at
torneys, Fisher and Donzslman, aud af-
ter a good deal of comforting and nego.
tiating, concluded they would settle
their little matters of difference, and so
they did, like good little boys, after
which they went down town, so they
did.
But the great event of the day was
the renewal of the arguments in the
Cotton demurrer matter, or rather the
commencement of the argument on the
second case. Cotton originally thought
he was guilty, but after Stewart talked
matters over with him some what and
toll him that he wasn't anyhow, ''if
the court knew herself" he came to
the conclusion that there was a reason
able doubt In his mind about his guilt
and concluded to give the defendant
the benefit of the doubt. His case in
this respect was a good deal like the old
man Smith, who got crazy and ran off
into The woods. When found he was
sitting astride an old log and imagin-
ing that he was Jesus Christ at the
Judgment. One by one he called ~
his neighbors by name and sent them to
the right hand or left, according to
1.-THE deeds done in the body" as he
expressed 1t. At length he called his
own name. He asked himself a few
questions, after which he pondered and
unused over 1t for a short time. Final
ly he reused up, and in a slow solemn
tone said: "Well, Elijah Smith, you
a go in among the sheep on the right
hand, but it's a id hard squeeze"
So 1t was with Cotton, when he came
to consider whether he belonged among
the sheep or the goats. He was of the
same opinion as the old man Smith.
But nc doubt he relied a great deal on
what Stewart told him.
But we are wandering from the sub.
ject. Baird came up in the morning
with a big pile of books, all the way
from Wharton on Criminal Law down
to n of the latest patent Office reports
drought by mistake), while Stewart
had a few. They took seats at different
tables and glared fercely at each other
with IN air that seemed to say:
"whoeyer shall these books dIsplace
Shall meet Bombastes face TO face"
When the proper time arrived the
argument began. Mr.. Stewart made a
brief but pointed argument, cited his
authorities and sat down to await fur
Their developments. Mr.. Baird then
commenced his speech and cited a large
number Of authorities to the effect that
at common law an attempt to commit a
m~isdemeanor is in itself a crime. Be.
fore hs had referred to all of his author
tiles Judge Sener intimated that the
weight of authority seemed to incline
that way, and that he would next hear
from Mr.. Stewart again, but gave him
until 2 O'Clock to-day TO reply, which
time was subsequently extended to the
Goth of December.
A few ~unimportdnt matters were dis
posed Of not herein mentioned, and
court adjourned until next Monday at
10 O'Clock a. M.
TlN M.