The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1883-11-24
DISTRICT COURT.
More Indictments acknowledgement
Constitutional Question Raised.

The district court re-convened yes
terday morning at 10 O'Clock, Judge
Sener presiding with nearly all Of the
members Of the bar in attendance.
The journal of Wednesday was read
and approved, ritter some few correc-
lions due to some of the bad writing Of
the attorneys in dra wing their original
orders.
The grand jury, the auxiliary branch
of the court, after having had a day of
rest, renewed their work Of inquiring
into the crooked ways of the good, bad
and Indifferent people of this particu-
lar portion of the moral heritage.
The diminishing in the coming GRIM
inal nampaign began. Potter had a
fellow whom the grand jury say have
been doing some things that are very
unpretty; that is to say they charge
him with ''readiusting'' a few articles
of value from some other party to him
self, but the aforesaid attorney says
"'taint So" The defendant therefore
in the case of the territory of Wyoming
VS.. Charles Blackmoor after having
been arraigned, plead not guilty, An
application for a continuance will
probably be made in this.
T. M. Fisher also had a client who
r%ejoices in The name of Joyce, accused
of stealing a COW belonging 10 lone F.
E. Warren quoting from the indict-
ment itself, but a motion to auash the
aforesaid Indictment was filed by the
attorney and the argument on the mo-
ton will be heard to-day.
Carroll had a boatman, but not the
one that Lord Ullin's daughter appear
ed to, to row herself and Ulva's chief
tian across the waters of Lochyle.
This is Curt Boatman and he is also
charged with stealing Mr.. Warren's
COW, but he don't know and can't tell
until he hears the evidence whether he
is guilty or not, and as he is a code
PENDANT with Joyce his attorney is
holding him back in the sage brush I'M
til after the motion in the case of Joyce
Is disposed of. He will perhaps be
called upon to plead sometime to-day.
In the case of the Territory VS.. p. @.
Cotton, indictment for attempting to
obtain money under false %pretenses, a
very interesting constitutional question
has arisen on a demurrer, which was
filed yesterday by his attorney, Mr..
Stewart. We don't mean that Stewart
has demurred to the constitution, but
to the indictment, on the ground that
no ofense is charged in the Indictment,
as the "attempt" to obtain money
under false p%retenses is not made a
crime under our statutes. The point
raised is whether, under the constitu-
ton, laws of the United States and the
organic act and laws of this territory,
the common law can be resorted to by
the courts as a source of Jurisprudence
in criminal cases, unless the act COM
planned of has first been made a crime
by statutory enactment.
Chancellor Kent in his commentaries
on the American common law discusses
this question quite fully. 1t has also
been before the supreme court of the
United States and was virtually the
turning point in the impeachment trial
of Andrew johnson, and even the old
historic bred Scott decision, .promul-
gated away back in the pro-slayery days
when the supreme court sat oftener as
a political than a judicial tribunal,
throws some light on this interesting
question. The argument on the de-
murrer will take place Monday.
The following is the balance of the
courts proceedings on yesterday:
ii. a. Cailand, plaintiff, VS.. Margaret
Remington, defendant; demurrer to the
plaintiffs petition argued by counsel
and taken under advisement by the
court.
Newsletter Bros, plaintiffs, VS.. Spar
hawk Bros, defendants; default of de-
PENDANTS taken, and after proof ad-
duced by plaintiffs, judgment was en-
tered in their favor.
Burlock & Co., plaintiffs, vs.. Spar.
hawk Bros, defendants; default OF
defendants taken and judgment rem
dered in favor of plaintiffs after their
claim had been ''proved up"
In the suit of Copshell va. Cooshell
for divorce, a decree was awarded in
favor Of the complainant's bill.
During the day the grand jury re.
turned into court four indictments
against parties known only to the grand
jury, court and county attorney. The
court ordered bench warrants issued
for the parties named therein.
Court adjourned until 10 O'Clock this
morning.
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