The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-28
First District Court.
AT PROVO.

AT PROVO.
Judge Judd transacted the following
business yesterday:
People vs.. James Fisher and Henry
Arrowsmith uDlswfully taking fish by
means of a seine from Utah Lake. To
establish the theory of the defense that
a trade was being carried on in the fish
caught contrary to law under the cloak
of furnishing the fish ponds of Mr..
Anthony, on Provo Bench; the prose-
cution produced testimony that the de-
PENDANTS had been seen by the fish
commissioner catching the fish in the
lake west of Springville; that they were
met at the mouth of Provo River by
wagon in which the fish were conveyed
to the express office, where they
were conveyed to Mr.. Roylance at
Springville, with whom the defendants
had made arrangements to take regular
shipments. The defense endeaVored to
prove that defendants were regularity
employed by Professor Anthony 10
supply his fish ponds, but the jury were
unable to sympathlse with the clever
dodge and returned verdict of guilty,
as charged. A fine of $40 and costs
were assessed.
United States vs.. ]. q. Tidwell, CO.
habitation; forfeiture of bonds set
side, and plea of not guilty entered.
People VS.. John Freckleton; petit
larceny; verdict not guilty, on instruc-
ton of court. ..e
United States VS.. n. L. Christian;
adultery; withdrew plea of not guilty
and entered plea of guilty; sentence
November 10th. Indictment fol-. coha-
bitation dismissed on account OF for
mer conviction, by motion OF Mr..
Peters.
United States VS.. Herbert Bates for
nication. Herbert Bates testified that
he had left his wife in England on COM
ing to this country twenty years ago,
and married here in 1871; has lived with
his present wife ever since. With his
testimony the case rested. There was
considerable argument on both sides,
the prosecution holding that the pre-
sumption that the first wife is yet
alive and that the marriage with this
woman therefore void, must hold the
defendant guilty as charged. Defense
stated the law to be that the presump-
ton of innosence outweighing any other.
and, no proof being furnished, as to the
death OF the first wife, that the deten-
dant should not be held guilty.. The
court charged the jury on the theory
of the prosecution and verdict was
rendered without retiring. The court
suspended sentence and the defendant
went straight away to the county clerk
for marriage license.
Jams Nielsen, Niels Jorgensen and
Charles II. Brown, were admitted to
citizenship.
People VS.. Thomas Nance; assault
with intent to murder; motion for new
of forty-tWo months in the peniten-
tiary.
United States VS.. Henry Saunders;
cohabitation; sentence postponed till
November 18th.
Peoplevs William ellis; grand lar
cency; motion for new trial granted
and verdict set aside. Case dismissed.
United States VS.. George Halliday;
cohabltation; sentence seventy-fve
days' Imprisonment and costs,
United States VS.. Henry Nebeker; I'M.
lawful cohabitation; sentence, six
months.
United States w. Soren c. Tygerson;
adultery; nine months.
United States VS.. Jane Bate; fornica-
ton; pleaded guilty; sentence sus-
pended.
People VS.. John A. Rudman; rape;
plead not guilty bonds fixed at $500.
AT OGDEN.
On Friday Judge Henderson tran
sacted the following business:
William Shaw VS.. Utah & Northern
Railroad Company; damages, $116.48;
thirty days stay of execution.
Mary Grant VS.. Union Pacific Rail
way Company; thirty days stay OF exc
cution granted.
Fred J. Kiesel u Co. vs.. Union Pacific
Railway Company;o on trial.
John Scowcroft ct al. VS.. Isaac Dun
dell ct al. order dismissing at plaintiff 5
cost.
The proceedings before Judge Hen
derson yesterday were as follows:
First National Bank of Ogden VS..
Winfield s. Harris; order of judgment
in favor of plaintiff.
Fred J. Kiesel & Co. VS.. Union Pacific
Railway Company; damages allowed
plaintiff, $205.99.
James A. Colvert VS.. Joseph I. john