The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1883-12-05
DISTRICT
The Argument on the Cotton Demurrer
Commencement Of the Pre-smp.
tory caIl-NOtss.

The district court convened yester-
day at 10 a. M, Judge J. B. Sener pre-
siding. The Journal of the day before
was read by the clerk and approved by
the court. The petit jury were prompt
ly on hand, but were discharged by the
court until 3 O'Clock In the afternoon.
Early in the forenoon 1t was apparent
that the work of yesterday would be
very considerable, in fact one of those
days which to the outsider seems to be
very dull, but on which, nevertheless, a
good deal of work Is done. The fol-
lowing Is the full report of the proceed
ings In detail
Territory of Wyoming VS.. Jack Ryan,
charged with burglary and grand lar
ceny. In accordance with an agree
ment between Mr.. Baird, for the terri
tory, and Judge Peck, on the part Of
the defendant, which arrangement was
satisfactory to the court, the defendant
withdrew his plea of mot guilty" and
pleaded .'guilty" to the charge of grand
larceny. So far as the charge of bur-
glary was concerned, the county attor-
ney agreed to enter a mol pros. Judge
Peck then addressed the court in behalf
of his client, asking that the court be
mercifui to him in tho matter OF fixing
the penalty. Mr.. Baird also suggested
that he did not ask for a severe penalty
to be imposed. The court deferred pro-
nouncing the sentence.
Olson VS.. Howard ct al, The dis
closures Of Philip Dater, gsrnishee,
were In part taken. Full disclosures
will be made to-day.
Hermann Gunther was naturallzed
and now Is a full aedged American cit
iZen.
j. F. Halsted, plaintiff, VS.. Anna
Clauson and G. P. Justus, defendants.
Defendant Justus filed a motion to dis
miss the action for alleged irregulari-
ties of the court below.
Mccormick ct al. VS.. Goldschmidt ct
al, Amended petition filed.
In two or three cases In which no ar
rests have been made, continuances
were granted until the next term, on
motion of the prosecuting attorney.
Territory of Wyoming vs.. Curt Boat
man. The motion in arrest Of judg.
ment was argued by counsel and over
ruled by the court. The defendants
attorney preserved an exception.
Territory Of Wyoming VS.. Charles
Joyce. The same kind of a motion was
argued with the same result.
The petit jury was discharged until
Dec. 18th, at 10 a. m.
Territory of Wyoming VS.. F. c. Cot
ton, charged with attempting to obtain
money under false pretenses. In this
case the demurrer to the indictment,
On the ground that the facts therein
stated do not constitute an offense in
law, was taken up for argument. AS
mentioned some days ago, the question
here involved is AN important one, be-
ing whether the common law can be re-
sorted to al a source Of Jurisprudence
In criminal matters, when there is no
statute making the overt act q crime.
1t is admitted that there Is no such
crime as that charged in the indict.
ment known to the statutes Of this ter
ritory, and that the defendant cannot
BIS prosecuted for the act complained of
under the statutory law. County At
torney Baird, of course, represented the
territory and @. W. Stewart Esq, APP
peared for the defendant. The argu-
ments we're well made and very inter-
esting. Mr.. Baird showed in his dis
cussion Of the subject that he is thor
oughly conyersant with the duties that
devolve upon him and that he is an
able debater. The argument of Mr..
Stewart, although the first that he has
made In our district, was certainly a
very able inc and at its conclusion he
was congratulated by a number. in
Guiding Judge Sener. The matter was
taken under advisement by the court.
Stebbins, Post & Co., We. Quick and
Fisk, demurrer to petition filed.
J.. G. Klngman VS.. E. P. Snow; the
plaintiff took a default and "proved
up" judgment for the plaintiff for $500
and costs.
The court ordered a special yeulre for
aiuumber OF talesmen r~eturnable De-
cember IA.
The premptory call OF the civil calen-
der was begun which resulted, besides
the disposition OF several matters, In
in the setting of cases for trial on var
ious days up to and including Deem
Der 81.
Court adjourned until this mornining
at 10 O'Clock.