Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-13
- AMONG THE JUDGES.
AinsWorth's Bail Forfeited.-The
Z DIR. West Case, Etc.
THIRD DISTRICT COURT.

not guilty.
Mr.. Rawlins appeared as attorne.
1 for the defendants in the cases Of tn
E United States vs.. y. V. Jones an,
: W. S. Gibby, and at his request the,
were postponed till next term.
Mr.. Ferguson appeared for DR.. J
J. West, indicted for polygamy
: adultery and grand larceny, ant
asked that the case be continued 70
the term, to enable the defendant
To procure witnesses from Ore
gon and Washington. He sale
he wanted 10 show that when DR.
West married his wifein Oregon sh,
had husband, VIM. Morton, living
and undivorced, and that therefor,
their marriage was invalid. Thii
husband, he said, was still living a
Tacoma.
Mr.. Narian opposed the coutinu
ance, as he believed the application
was not made in good faith. Tn,
doctor had at first claimed that hi.
wife was dead, but now he changed
his base, and claimed that the mar.
rage WIS Illegal. Mrs. West denies
having been married before hel
union with the doctor.
The court gave Mr.. Narian till
this afternoon 10 file affidavits.
The case OF fornication against
Henry Schmidt was taken up. The
The defendant was arrested on a
commissioners warrant and pleaded
guilty. Then he married the girl to
save himself from prosecution. 1t
Is claimed. however, that he utterly
refused to support her, and the pros
ecution against him was pressed.
The jury returned a verdict Of not
guilty.
This afternoon Mr.. Varian read
an affidavit Of Mr.. Kate Clabbie
West, denying that she had ever
been married TO VIM Morton or any
other man except J. ]. West, and
never gave the latter so to under
! stand; also from Miss Everill, that
the defendant had written to her,
Z saying that the reason he had to be-
lieye that he was free 10 marry was
because he understood that his for
mer wife was dead; also from Mrs.
Ruth Everill, that the doctor had
not told her he had been married,
because he knew he could not then
get her consent TO the marriage with
her daughter.
Mr.. Ferguson said that the doctor
did not write che letter referred to,
for he could barely write sufficient
10 sign his own name. He probably
got some one in the ''pen" to write
for him. The indictment had been
found April 80, and he had not
had sufficient time to secure the
evidence necessary for the proper
presentation OF the defendants
case.
The court granted the continu-
ance as asked, aud set the case for
May es.
Clinton Ainsworth was called 10
plead to an Indictment charging
him with fOrnicatiOn. He failed TO |
present himself, and his bonds were |
declared forfeited. His bondsmen |
are James Glsndenning and George
Pickering.
John b. Taylor VS.. John w.
Smith; suit for 5000 damages for
malicious prosecution; the jury re-
ported that they were unable to
agree, and were discharged.
Rock Springs Coal Co. vs.. Salt
Lake Sanitarium Co. Twenty
days stay granted TO the defendant,
70 file motion for new trial,
John Whitney was admitted to
G. o. Wittemore and ;. L. Arm
strong. attorneys for Mrs. Kate Fitz-
gerald, filed the following petition
for a writ Of habeas corpus:
"The petition of Kate Fitzgerald
respectfully shows that Satra G.
Stringam ard Sylvia Stringam are
imprisoned, detained,
and restrained Of their
liberty by Elizabeth Snow, az st.
George, in the county Of Washing
ton, Utah Territory; that the said
detention, cOnfine-
ment and restraint are illegal and
that the illegality thereof consists in
this, tO-wit: That the ages Of said
Satra G. StTingam and said Sylvia
q. Stringam are fifteen and sixteen
years respectively; that Mary
J. Stringam and George String
am are the mother and
father Of the children above
That said Elizabeth Snow
refused and still refuses 70 give said
children into the custody Of their
said parents; that as your petitioner
is advised and believes, the object
and purpose OF said detention is to
marry said children into polygamy
and for the accomplishment of this
end 10 remove them TO the republic
Of Mexico to marry against the
WISHES OF said parents; tina; the said
Mary J. Stringam, mother OF said
is nov in st. George for
the purpose Of taking the custody
and care Of said children from the
said Elizabeth Snsw; that the said
Elizabeth Snow refuses TO deliver up
said children 70 their said mother:
that your petitioner is a sister Of said
children and interested in their wei
Iare.
"Wherefor your petitioner prays
hat writ Of habeas corpus may be
AaAAAAeAAs AAANNANA " Tic est-A
)eth Snow, commanding her to have
he bodies Of Satra G.. Stringam and /
sylvia Stringam 6efore your honor .
" such court as your honor may
appoint alta time and place therein
specified, 10 do and receive what
'hall then and there be considered
~ your honor concerning her, to- /
,ethei with the time and cause Of ,
aid detention and said writ, and
hat they may be restored to their
liberty. KATE FITzG9sALD."
In accordance with this petition
Judge Zane ordered writ Of habeas
,orpus to be issued commanding
Elizabeth Snow to appear before
aim on the 2lst Of May, when it
viii he shown how baseless is the
allegation Of the reason for the de-
ention OF the children.
POLICE ITEMS.
Peter Mcclure and Robert Oak
len were fined $ each for Icing
drunk.
Frank Persell, for assault and
battery. was assessed SO.
Frank Ryan. Nathan Seems and
2obt. Taylor were given 10 days
.afh for tresriaeS