The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-11-16
AFTERNOON SESSION.

The case against Timothy Parkinson
was continued for one week, by consent.
Thomas Bullock was called and the
indictment against him was read charg-
ing him with unlawful cohabitation.
the time of pleading was waived and
defendant plead guilty to the charEs-
Sentence will be passed on December
1st.
Myron W. Butler was next called and
plead guilty to two indictments. charg-
ing unlawful cohabitation with Amanda
and Miranda Butler. Sentence was
suspended until December 1st.
The filling of the Grand Jurypan
was proceeded with and Alfred Berrett,
Pierce Quirk, NJ. NJ. Chapman. VI.
Buchmiller, s. s. Scramm, Wm.
Farrell, Robert Snodgrass, w. II. Booth
Thomas Fryer, W. D. Goodwin, Rasmus
Anderson, Aaron De Witt, James Had.
field, John Anderson and Samuel 2.
He'll were called and sworn on their
r9ire dire.
The gentlemen all answered the Pros
ecutor's questions, including a nom
belief OF the rightfulness of polygamy
and belief in the strict enforcement of
the laws against that offeuse. They
were passed by the prosecution.
Mr.. G.. c. Richards, on behalf of
James Mar tin, who is under bonds 70
await the action of the grand jury on a
charge of unlawful cohabitation, chal-
lenged Alfred Berrett. w. NJ. Chapman,
;. :. Schramm, Aaron De Witt, VIM.
Farrell on the ground that they
were not eligible on account
of having served as Jurors
within two years prior TO this term of
court. After some time spent in ex-
amining the statutes Mr.. Richards
INTERCEPTED the jurors named and
from each received answers that they
had served on juries within the time
named. The answers were admitted in
evidence as the ground OF challenge.
The challenge was denied by Mr.. HiIes
and overruled by the court, the court
holding that the statute was not a
ground for challenge; but might be
interposed as ground for exemption
from service. In order TO save time
the same challenge was interposed in q
number of other cases OF the same
kind as that of SIR. Martin.
The Court asked Mr.. Farrell If
he were willing 10 serve as fore
man of the Grand Jury, when that
gentleman caused broad smile TO pass
over the faces Of court and attorneys by
asking If having served on q jury within
two years. was sufficient excuse 70 ex-
empt him from service. The court
ruled that il was not-the time being
within one year. Alfred Berrett was
excused because he bad served within
one year, and Philip Rank was called
TO MI the vacancy. His answers were
satisfactory and be was passed.
Mr.. Farrell was appointed foreman of
the Grand Jury and the jury was sworn.
The Court then charged the jury
70 inquire into the cases OF officials
of the Territory, OF prisoners. etc.
He then charged them IN relation to
the class Of evidence they should re-
ceiye Each member should disclose
any know edge he may have, person
ally. Of the existence OF crime. He
called especial attention to the statutes
against polygamy, reading the section
OF law governing the case, as also that
referring 10 unlawful cohabitation. The
latter refers to Ike cortinusnce in the
marriage relation of plural households.
and does not necessarily refer TO sexual
intercourse. After charging them con-
corning the appointment OF a clerk, and
the regulation OF the hours OF their
labor, he charged them in rela-
ton to secresy, and said that
II the doings Of the Grand
Jury room bect me public property,
should investigate and ascertain which
one of the BODY has been guilty of VIC
lating his oath After the Jury was
CHARGED. they retired and the remainder
OF the gentlemen who bad been brought
in on the open venire were excused
from further attendance On the court.