Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-05
THE DISTRICT COURT.
Verdict For Tho Tribune" in III,
PelStsTmaksF Libel Suit
CRIMINAL BUSINESS AGAIN up.
Additional Arralgnmeuts-Wha Con.
stltutes Fornlcationl-Jivil
Jury Cases.

today. Chief Justice Merritt IL forging
ahead with civil jury causes, while
Associate Justice Banoh, having at
last got hid Of the $4,000 libel suit
against the Tribune, has started work
once more on the criminal calendar.
THE "IRBuNE" WINS now.
II was quarter to 3 O'Clock yesler.
day afternoon, al the conclusion Of
Judge Bartch's charge, when the Fen.
stermakor. Tribune libel case was given
into tho hands Of the Jury. Al $3.50
they had Agreed, and this morling
brought In n sealed verdict, finding for
the defendant-ten TO two.
The jury was polled at the request
Of Attorney Zane, with the following
results Yeas; n. A. snefman (iors.
mani, Jane, w. sullivan, b. Il. Thorn.
berg, @. \. Favour, II. J. Faust, Daniel
Lothian, Clint l. Moon, Ed Norton,
George Walton, ID. Austin. Maya J. J.
Gr0nluni, John ID. Spencer.
IL IL stated that the two last named
were In favor VI finding for tho plain.
ia in tho ,um OF 81, wnion would have
carried costs.
Attorney Zane then sald-Mr. Clerk,
enter an exception on behalf Of the
plaintiff 10 the rendition Of tue verdict
by lees than unanimous Jury.
Subsequently counsel said - We
would iiEo thirty days 20 prepare a bill
oil exceptions In this case.
The court aoceded to the requesi,
aud thus (for the present, ~ any rAIv)
the matter ended.
CRIMINAL BUSINESS.
Having received 20 verdict in the
foregoing matter Judge Baftch took ny
criminal business, bus Il was quarter
to eleven before start was maue with
the cases proper, the Interval having
been occupied With arrangements and
other prellmlnarles.
DEMURRER To INDICTMENT.
Judge A nderson argued a demurrer
90 Indictment In the case Of
Hugh McKernAn, charged with
fUfnioatlon. Tie oiionse IL Nj.
lcgod 10 have been committed
with Lens Carter. The ground VI oh.
lection WAS that the indictment did
not charge n public Otisuse. This
prosecution, counsel said, was had
under the laws OF the United States
under tho Edmunds- Tucker law,
which was aimed directly nj Utah, for
the purpose Of breaking up the practice
OF p0lygamy among the "MOrmon0
people. A single act OF unchastity, Az
charged Ia this case, did not constitute
fornicAtiOn at common law. IL must
DO u notorious living together In a way
that would DO soandalOus before the
public.
Judge HowAt, assistant district al.
torney, replied on tho other side, say
ing no did not know exactly how
many people Judge Anderson, while
on tho bench here, sent 10 the peniten.
tlaiy for this olRse OF Ifience. He di.
roc, l,ttouti.b 10 tue iaot that curing
Judge Bartoh's I recent Hbsenco ut
beaver demurrer similar 10 that In
the present case was argued before
Chief Justice Merritt anu oyrirulcd. Z
The court took tue case under ad.
vliemenl.
ARRAtGSMENTs, ETC.
John Keller, Herman Kahn and
NJ Oteuheimer were aTiaigned anu
plead not guilty 10 y charge VI stealing
four heiiers belonging 10 Isaac Hart.
man on September /.
The bond Of VIM. Lynch, indicted
for forniCAtion VITA Edith Karen,
was fixed at $500, 10 DO approved by
Commissioner Gfeeuman,
People W a. l.. Maif. The defend
ant In this Indictment IL charged with
HOUSEKEEPING aud the trial was cOu-
tinued for tho term, at the request Of
the defendant.
United Slates vs. VIM Lynch; forni-
cation. Bail fixed Mt S5JO, To TO Ap.
proved by Commissioner BRENNAN.
w. \, Fugata plead not gully to an
Indictment charging enibczElement
and the trial was set for tho 18Th. Judge
Anderson 10 the defendants attorney.
United States Va John Orr; adultery.
Trial set for Dec. II.
People Va George Olsen. The de-
fendant In charged with Offering
bride Of $50 10 COmmissloner MoNally
pending hls decision In n suit heard IN
his court IN which Israel Evans was
plaintiff and William HsrkinB the de-
PENDANT He was Arraigned and will
plead on December slh.
People Va Samuel Grice; grand
larceny. The defendant being sick A.
this time, the case was passed on mo.
u. =, VI +. NJ. Sawyer, fornioatlOn,
Plea OF not guilty entered; trial set for
December 18Th.
People Va Jerome Smith; burglary.
Plea OF not gully; trial set TOR Deorm-
Der l0th. Attorney Hardness was sp-
pointed by the court 10 defend.
People VI Willis Coohrane; burglary.
The defendant Withdrew his former
plea Of not guilty = d plead guilty. He
was ordered 10 come up for sentence on
December 9th,
MARK TOBIAS yICTGMizED.
Nellie Davis, a young woman Of
color, attired with duo regard TO fash
ion, was placed on trial on n charge Of
stealing s5l7O, the moneys Of Mark
Tobias, n State street grocer on bul-
TENDER o oil tho present year.
Judge HOwat prosecuted; Attorney
J. w. Cherry (ChelIy a Cherry d.
Tended.
This defendant entered the prosecut.
0r's store on the date named and pur-
chased a chioken and other articles, tor
which she paid and went Uu;. Then
SHE Returned and wanted n bar Of sOAp
from among a stock which was kept on
= shelf behind the counter, aud went
herseli to reach II down. As she did
no, II Ia alleged, she stole small sack
from TOhiaH's pocket containing the
amount above named. The defendant
left the etpFe very AhOTtlV nfterwaTdf,