Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-05-01
THE MUSSER MUSS.
A Rather Dreary Day in the District
Court.
A Jury Impaneled and TestimOn,
Commenced.
The " Don't Know" and "DOn't Re
member" Glass of Testimony.

In the Musser case yesterday afternoon
MIR. Brown objected to the special venirt
because the return of Marshal Ireland die
not show that diligent search had beer
made for the jurors not served. The OBJ
lection was OveTuled.
Such of the special jurors as had been
served were then examined, and all but
two of them, w. A. Pitt and w. Ray
bould, were excused. These two were
sworn, making ten jurors in all, and q
second special venire was ordered. The
following names were drawn from the
! box:
l9I-W. NJ. Clark.
49,. w. Thompson.
1851. Moritz.
61-Sam Levy.
59-Thomas Davis.
1S1-W. Sleeves.
145-J. G.. Davis.
35-J. 0. Packard.
The venire was made returnable at 10
o'clock this morning, until which hour
court was adjourned.
THE CASE RESUMED.
Hostilities were commenced this morn
ing by the calling of j. Q. Packard and
Thomas Davis.
Mr.. Packard was a resident of Juab,
and therefore not within the district. He
was excused.
Mr. Davis had read of the case in the
Tribune, but did not remember having
read anything about the defendants per-
sonal character He was sworn, and
Sam Levy was called.
Mr.. Levy possessed the statutory quail
ticatiOns and was passed to the defense.
Mr. Brown questioned him as to his be-
lief in polygamy and unlawful cohabita-
ton, and he was accepted and sworn.
This completed the jury, which con-
ssts Of the following persons:
T. G. NJ. Smith, w. A. Pitt,
NJ S. Simmons, w. d. Palmer,
f. R. Clute, W. f. Raybould,
Peter Clays, j. NJ. Richardson,
f. S. Kessler, Sam Levy,
c. j. Smith, Thomas Davis.
The indictment was read to the Jury,
and Judge Sutherland, on behalf of the
defense, objected to any evidence being
taken because it did not appear from the
indictment that the
DEFENDANT WAS A MALE PERSON.
He was designated in the Indictment as
A. Milton Musser The principal ground
for the ruling of the court on this point
in the Cannon case was that the
name was a masculine one. In this case
the first Christian name was simply indi-
Gated by an initial. The second Christian
name was historically known as family
name, and therefore did not indicate the
sex.
The court held that the sex of the de-
fendant was indicated with sufficient
clearness, and the objection was over
ruled
Judge Sutherland then raised another
objection based on the ground that it was
not alleged in the Indictment that the
women with whom the alleged cohabita-
ton took place were the defendants
wives, while the court held in the Can
non case that this law was directed
against polygamists, and was designed to
prevent them from living with their poly
gamous wives
Mr.. Dickson replied that the term CO.
habitation embraced the idea that the
defendant was living with the women as
his wives.
The court, in order to make itself
clear, re-stated its ruling on this
point IN the Cannon case. When man
lives with two or more women as his
wives, whether they are so in fact or not.
he is guilty of unlawful cohaitation. OF
man could not live with two or
more women as his wives in legal sense.
but he could live with one legal wife and
cohabit with other women and hold them
out to the world as his wives. The court
held that the Indictment was sufficient.
The Offense was charged clearly and the
time was specified. The objection was
overruled.
The prosecution then called
ANNIE NJ. SHEETS,
Who testified as follows: Live in Salt /
Lake. My maiden name was Musser.
The defendant is my father; my mother
S not living. | know Mrs. Belinda Pratt
Musser and Mrs. Mary Musser; / also
know Mrs. Segmiller Mccullough Mus
ser; have known Mrs. B. p. Musser
welve or thirteen years; l lived in same
house with her; | don't remember how
ong; about six months at one time |
yuess.
Q.-What relation, if any, does Mrs.
Belinda Pratt Musser hold to your father?
Objected to by Judge Sutherland.
question withdrawn.
Q.-Is your father married.
Al believe he is.
Objected to and objection sustained.
L do not remember that l ever heard
ny father speak of either of the three
women as his wife.
Q.-Do you know that Mrs. Belinda
lusser has any children? J
Objected to by Judge Sutherland. A !
ngle interview or succession of inter
laws hnfmnnn mon nnI -. - -