Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-03
NICHOLSON AND MINER.
The Editor of the "Deseret NeWs'
Testifies Against Himself and
Makes Short Case of 1t.
A Verdict of Guilty Returned in Five
Minutes, and Sentence Deferred.
Lawyer Miners Erudite Motion Over
ruled, and He Proposes to Stand
Trial to See Whether He
Is Guilty.

Iflal TO see WneCner He
Is Guilty.
At 10 O'Clock this morning the Thir
District Court began busy days worl
by Judge Zane overruling the demurre
in the Robert Weston rape case, and in
somewhat lengthy remark showing tn
Indictment sufficient to hold the defend
ant for trial. which was set for the 12tl
instant.
Attorney Lomax referred the Court,
attention to the case of the people agains
the five Cinnamon now in Park City OF
bail, awaiting trial The case will be
heard on the 9TH of October, when Judge
Lomax will defend the Celestials.
The case of the United States against
JOHN NICHOLSON,
Editor of the Deseret News, for unlaw-
full cohabitation, was called, and
the clerk proceeded to call the
witnesses, when the defense in
formed the Court that it was unneces-
sary, as Mr.. Nicholson would offer him
self as witness if the prosecution would
take him as such, which was agreed to.
The following twelve jurors were called i:
y. G. Armstrong, Joseph Durbridge.
William Sleeves, 0. H. Hardy, George r
Price, Leroy Holt, George Craner.
James w. Burbidge, Orson Romney
Oscar Wilkins, J. II. Midgelv and John
G. Labrum
Upon examination it was found that
all, excepting Armstrong and Sleeves,
either believed in a man living with two
or more women or declined to answer,
and they were excused. Messrs. Sleeves
and Armstrong were sworn.
len more names were called, as follows:
B. F. Fitzgerald, Robert G.. McEwan, 3.
ID. Robeback, Orson Johnson, Adolph
Anderson, B. S. Young, George Fl. Smell
grove, j. N. Pike, James II. Poulton and
Francis Plat. Anderson and LYME were
sworn, and the others excused, as thew
believe in the practice of unlawful cob alb
itation
The panel being exhausted,
AN OPEN vENIRE
Was ordered issued, returnable forthwith.
and a recess taken for thirty minutes.
The U. G. case of Alfred Best was set
for hearing at 2 o'clock. All witnesses in
all cases save in the Best and Olson cases
were excused until Monday morning at
10 O'Clock. This emptied the court room
OF forty men, women and children sub
penaed on U. G. cases.
The ypnira hnipO rotr,rpod TT Wy
renee, Frank Nelden, j. F. Bradley, Ned
Wallln, Louis Hyams, Joseph Forman,
Geo. w. Richmond and J. H. Nounnan
took the box and were examined. Noun
nan and Wallin were excused on having
formed opinions; the others were sworn.
and ID. W. Wench and William McCrea
were called and sworn, which completed
The jury.
Clerk Mcmillan then read the indict-
nent against Nicholson, charging defend
int with living with Susanna Kee and
Miranda Cutler Nicholson as his wives
Turing the time from July, 1883, to March,
1885.
John Nicholson, the defendant, was
'alled to the stand, and testified as fol-
ows:
Prosecution-Mr. Nicholson, are Won
he John Nicholson named in the indict-
nent?
, Al am.
Q.-Are you acquainted with the women
famed Susanna and Miranda Nicholson?
Ayes, sir.
Q.-What relation do they bear to YOU,
any?
A.-They are my wives.
Q.-During the time stated in the in
ictment between July, 1883, and March
this year, state whether or not YOU
ave lived with them as your wives and
acknowledged them as such?
Al have
Prosecution-That is all. We submit
he case without argument.
Judge Zane Gentlemen of the iurv
ne facts in this case charge the defend
mt with unlawful cohabitation between
uly, 1883, and March, 1885 with Susan
b Nicholson and Miranda Cutler Mich
lson. The defendant pleads not guilty.
the oftenSe; you are to decide impar-
ally from the evidence given, and bring
verdict accordingly.
The jury filed out of the Court-room
nder guard Hurd, and returned at 1918
clock, after an absence of five minutes ]
f: Bradley acting foreman, presented
lie jury's
VERDICT OF GUILTY.
charged in the Indictment. JUDGE
ane discharged the special Jurors in the {
sc, and the defense asked for sentence c
be suspended until the 18th inst, at 10 /
clock, which was granted. &
When the unlawful case of the People
.alnst Aurelius Miner was called. the
'fendant stepped promptly forward with
pocket full of documents in, his own d
half. MIR. Miner deferred his plea and .
tered the following motion to ouash the
dictment: +
In the District Court of the Third Judicial +,
strlct OF Utah Territory, Salt Lake county. Fl
l1ted States OF America VS.. Aurelius Miner. ~
NOW comes Aurelius Miner, defendant u
rem, and moves the Court to uuash the n
lictment herein against said defendant Il
the grounds: n
r1rst-Of dupllcity, in this, that said in L
'tment charges two offenses or causes of
hon In the same count of said Indictment n
wit: one offense is charged to have been I,
nmltted on the first day of March. 1889.
another offense on the third day of Jan, It
y, 1885. -
deorea ~ there IS no estate, mystery
1899 VI ueIendant herein set out in said F.
nctment. A. MINER, Attorney.
The motion was overruled. MIR. Miner N
IN proceeded with lengthy argument
the lnvalldity of the Territorial laws.
Constitution and fundamental prin, y
les OF government generally. In his - -
;eptlons to the Indictment, defendant -; ~
d he had once been prosecuting attor- III