Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-03
NICHOLSON AND MINER.
The Editor Of the "Deseret News"
Tcstifles Against Himself and
Makes Short Case Of II.
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.

u
somewhat lengthy remark showing the
indictment sufficient TO hold the defend
ant for trial, which was set for the 18th
instant.
Attorney Lomax referred the Courts
attention to the case OF the people against
the five Cinnamon now in Park City on
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 Ne,cs, 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 rs such, which was agreed to.
The following twelve jurors were called
7. G. Armstrong, Joseph Durbridge,
William Sleeves, o. III. Hardy, George +.
Price, Leroy Holt, George Craner,
James w. Burbidge, Orson Romney,
Oscar Wilkins, j. II. Midgely and John
Il. Labrum.
Upon examination it was found that
all, excepting Armstrong and Sleeves,
either believed in man living with two
or more women or declined to answer
and they were excused Messrs. Sleeves
and Armstrong were sworn.
Ten more names were called, as follows .
B. +. Fitzgerald, Robert G. McEwan, L.
II. Robeback, Orson Johnson, Adolph
Anderson, B. S. Young, George Ii. Smell
grove, j. N. Pike, James ii. Poulton, and
Francis Plat. Anderson and Lyme were
sworn, and the others excused, as they
believe in the practice OF unlawful cob alb
itation.
The panel being exhausted,
AN OPEN vENIRE
Was ordered issued, returnable forthwith,
and recess taken for thirty minutes.
The u. G. case of Alfred Best was set
for hearing at o'clock. All witnesses in
all cases save in the Best and Olson cases
were excused until Monday morning at
10 o'clock. This empted the court room
OF forty men, women and children sub
pnnaed on U. G. cases.
The venire being returned, III. w. Law
renee, Frank Nelden, ]. +. Bradley, Ned
Wallin, Louis Hyams, Joseph Forman,
Geo. w. Richmond and ]. ii. 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-
ment against Nicholson, charging defend
ant with living with Susanna Kee and
In N,,t1 tn1,
during the time from July, 1888, to March,
| 1885.
John Nicholson, the defendant, was
called to the stand, and testified as fol-
lows:
Prosecution-Mr. Nicholson, are you
the John Nicholson named in the indct-
ment?
Al am.
Q.-Are you acquainted with the women
named Susanna and Miranda Nicholson ?
Ayes, sir.
Q.-What relation do they bear to you,
if any?
A.-They are my wives.
Q.-During the time stated in the in
dictment between July, 1888, and March
of this year, state whether or not you
have lived with them rs your wives and
acknowledged them as such?
Al have.
Prosecution-That is all. We submit
the case without argument.
Judge Zane :-Gentlemen OF the jury,
the facts in this case charge the defend
ant with unlawful cohabitation between
July, 1883, and March, 1885 with Susan
all Nicholson and Miranda Cutler Mich.
olson. The defendant pleads not guilty
of the offense; you are to decide impair.
TALLY from the evidence given, and bring
in verdict accordingly.
The jury filed out OF the Courtroom
under guard Hurd, and returned at IL ia
o'clock, after an absence OF five minutes
j. f, Bradley acting foreman, presented
the jury's
VERDICT OF GUILTY,
AS charged in the Indictment. Judge
Zane discharged the special Jurors in the
case, and the defense asked for sentence
to be suspended until the 18th inst, ut 1C
o'clock, which was granted.
When the unlawful case of the People
against Aurelius Miner was called, the
defendant stepped promptly forward with
Il pocket full of documents in his owr
behalf. Mr.. Miner deferred his plea and
entered the following motion to quash the
indictment:
In the District Court of the Third Judicial
District of Utah Territory, Salt Lake county
United States of America vs. Aurelius Miner
Now comes Aurelius Miner, defendant
herein, and moves the Court to quash the
indictment herein against said defendant
on the grounds:
First-Of duplicity, in this, that said in
dictment charges two offenses or causes OF
action i'll the same count of said indictment
to wit: one oHense is charged to have beer
committed on the first day of March, 1888
and another offense on the third day of Jan
uary, 1895.
Second-That there is no estate, myster,
or degree of defendant herein set out in sale
indictment A. MINER, Attorney.
The motion was overruled. Mr.. Miner
then proceeded with Il lengthy argument
on the invalidity Of the Territorial laws
the Constitution and fundamental prin
ciples OF government generally. In his
exceptions TO the indictment, defendant
said he had once been prosecuting attor
ney in the Third District Court OF Utah
and had handled all such papers. 1t was
customary TO follow the ways of the Cir.
cult Courts of Northern Missouri in former
times. The present indictment wrapped
about him in close embrace had not the
requisites OF common law indictment
and was therefore void 1t did not con
form to the requirements Of the Territorial
statutes, and, il it did, was void jus
the same, because the Territory had not
the right TO change the form and sub,
stance OF an Indictment rs known at com.
mon law.
HE MOVED TO QuAsH THE INDICTMENT
Because Of two ohenses being charged in
one count nf ,inlau,frI ,.ol'a.l..a.s =