Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-04-28
MALE OR FEMALE?
A Question as to Angus NJ. CannOn's
Sex is Raised.
The Court Finally Decides That He Is
Male.
An Important Point Raised This After
noon.

! secured from the SecOnu SpcCldl N0iiiiO'
Following are the jurors;
| w. d. Palmer, Peter Clays,
Phil. Klipple, j. NJ Richardson,
NJ. S. Simmons, L. q. Nj. Smith,
CT. Smith, Martin Mankin,
A. NJ Johnson, Thos. Davis,
W. NJ. Clark, Robert Mulhall.
The Indictment was then read to the
Jury and the case was adjourned until
THIS MORNING.
The Jurors were on hand and in their
places this morning before the crowd be-
gan to gather, but the court room rapidly
filled up as the hour for opening court
drew near 1t was generally anticipated
that the interesting part OF the trial
would commence this morning with the
taking of testimony and the attendance
was consequently increased. The space
directly in front of the judges desk was
entirely filled UP with attorneys, reporters
and witnesses, while every other portion
of the room was crowded with spectators.
Governor Murray and several OF the Utah
Commissioners were present.
1t became evident this morning that
the defense proposed to contest every
technical point that the ingenuity OF the
seven attorneys could suggest, and Judge
Mcbride threw down the gauntlet mme-
diately after the case was opened by rails
ing an
OBJECTION TO THE INDICTMENT,
Holding that it was defective. The
statute under which this prosecution was
brought prohibited "any male person."
where the United States has jurisdiction,
from cohabiting with more than one
woman. The indictment did not charge
that the defendant was male person,
and there was nothing in it except the
name of angus" to indicate the sex OF
the defendant, and "Angus" might be
the name of female. The offense could
not have been could not have been COM
mitted by any but male person, but it
was not charged that the defendant in
this case was male. Every element of
the ofense found in the statute should be
given by the Indictment. Judge Mcbride
backed up the position by reading some
what copiously from authorities and from
the opinions of other courts. On these
grounds the defense moved that the jury
be directed to return verdict of acquit-
tai and the defendant discharged.
Mr. Dickson, in reply, admitted at the
outset that the indictment would be in
sufficient unless the sex of the defend
ant was made to appear with reasonable
certainty 1t was alleged in this case
that the defendant was pIeiudiced be-
cause he was not informed by the indict-
ment
A
And was therefore unable to make a de-
tense. The Territorial statutes required
! that the offense be set forth with suffi-
cient clearness to enable the court to I'M
derstand what was charged, and this re-
quirement was met by the Indictment in
this case. In a prosecution for murder it
was not necessary for the Indictment to
allege that the party slain was human
being. That would be inferred from the
name The sex of the defendant in this
this case could also be determined by the
name ANGUS" proper masculine
name. 1t WAS reasonable to infer he was
male person, because he bore the name
of male person. What would be thought
of court that when an Indictment was
found against lone John r. Mcbride"
charging him with the offense of unlaw-
full cohabitation, would come to the sol
emn conclusion that for aught was con-
tanned in the indictment
THE DEFENDANT WAS A WOMAN?
Laughter Mr.. Dickson also read from
authorities at great length.
Mr.. Varian stated the object of an in
dictment was to inform and advise the
defendant of the nature of the offense
charged against him. The indictment in
this case does not specifically state that
ANGUS NJ. CANNON is A MAN,
But if he had any doubt on that point he
should have filed special demurrer. He
has pleaded not guilty to the Indictment
and stated that the name contained in the
indictment was his true name
Judge Mcbride closed the argument,
and still held that, as the sex of the de-
PENDANT was an essential element to the
offense, it was necessary for the indict-
ment to designate the sex.
The discussion on this point consumed
nearly the entire morning session.
JUDGE ZANE,
In ruling on the motion, stated that the
conduct alleged was charged with suffi-
Gent clearness, but it did not appear that
by such a person as made it a crime
and the question presented was, Does the
fact that the defendant is named Angus
ing with more than one woman, indicate
with sufficient clearness whether the de-
fendant is a male or female? "a litter
went around the courtroom and the Judge
and bailiffS raped for order.) If it had
H. Al
male it would not have been indicated |
with any greater certainty that
HE WAS MALE.
Than the facts alleged in the Indictment |
indicate. The question is not, whether |
this offense is sufficiently charged, but !
whether it sufficiently appears to the |
court what offense has been committed. |
1t is the duty of the court to give the in
dictment a reasonable construction, and |
if upon giving it a reasonable construc-
ton,
THE SEX OF THE DEFENDANT APPEARS TO BE |
MALE
The indictment is sufficient. The court !
was OF the opinion that it was as certain
from the indictment that the defendant /
was a male as if the term "male"- had |
Dctu uccU. Lie IlOltOil Was therefore /
overruled, and exceptions were taken.
The sex of the defendant having been
established, Mr.. Dickson addressed the /
jury, briefly outlining what the prosecu-
ton intended to prove. 1t was in sub
stance that between the dates mentioned
in the Indictment the defendant lived
with Amanda NJ. Cannon and Clara c.
Cannon as their husband. The prosecu-
ton would not attempt to prove actual
sexual intercourse, holding that that was