Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-10-08

IS IuE srATU1L Al FAuLr2
The m ltion IA Afrtst OF lud ment
aud fora new tIis. Ia the oase Of Sam
Gfice, convicted last week on a charge
Of bufglauz.ug butcher shor, was
argued this morning, by Attorney
More on behalf Of tho defendant ami
by Juire HJwal for the prosecution.
The ground on which tbs motion
was based was that the Indictment
"did not charge public oiionse." ~.
fendunps counsel pointed Out thai tnu
burglary was alleged 10 have been
committed alta bu'uhof's shop, aud he
contendoi that tue Territorial statute
did not make It an olsass to bu.-
glaflzs "a butchers shop"
Paragraph iJai, second voi. Compiled
Lawsof Umh, wssqu ted. Itfuns thu;
EVERY prison who. In tho night time,
iuroibiy bteaks anu uuttts, a. withUu,
iuIcr ontvfs, through any opvn uOOr,
window or other aperture, any nUusr,
COON, apartment Or tULemout, or any
tent, vessel, wafer craft or railroad cat,
with intUat 70 commit larceny or RuS
| itlDny, Ia .ulliy VI burglary"
Attorney Mor.o insisted that
bu,chsi's shop might come under tho
den miuatl "a % any Gus ~ tho places
named. The statute merely described
the character 0t tue building anu not
the occupancy.
Judgu HoNRt said that II this
view we're 10 be generally accepted
ail the butchers. anu other hlofes Ia lhe
city might be burglArized with i'm.
punity. lie called the attention VI
members OF the last Legislature 10 this
part cuiaf statute, hut nothing was
done Ia the m-tter.
After some discussion Juigo Baftoh
took tho point uudur aIvisrmouL
STEPHENSON dOEs FREE.
Tho case OF Earl stephenson, the
Reform schupl boy, brought 10 this
court on the pelillon Oi the managers
| OF thai Institution, who asked that he,
a. an iucoifigiblr, be transferred to the
penitentihTy, wHs again called up,
wheTeupon Attorney Armstrong, on
behalf VI the defendant, oOhtvnded that
the indictment under which Stephen
aon was copviclss gas reca Rad Mat
he c5ulu not DO held under II.
10 Was alleged that the lad burglar.
ned HirschmHn's shoe store Un the
night Of Dect inter ~, 1892. Ho tirad
guilty to the unense aud Judge Il ine
sentenced him To tie TeioTmatOIy.
Attorney Armstrong; contention
WINS substantially the same A. that
urged by Attorney Morse Ia the fore.
going case.
II trantpiIed on the testimony Of
| Deputy Marshal Tlmmony, vino was
called by the defense, that the IeienI-
ant had been Ia the fsiorniAtoTy about
nineteen mou tbs aud was "ifustyY
around tue establishment. But hs fau
away from there.
Judge Bafloh asked Stephenson why
no did this Chat, by the way, RppAf-
emily being the ouly thing against
him).
The defendant answered that o.
there was nothing against him no ap.
piled 10 DO discouraged, hut the hoard
ia used 10 lot him 20, although Others
who had done no batter than he, " 20
well, got theif Release. Therefore he
determined 10 run away.
Judge Howat thought no harm
, would ho done II Stephenson were
now discharged if0I custody; w Judge
Barton suspended sentence, whirn zig.
niiiedIthe deienuant's discharge form.
with. The lad, who has an Intelligent
face Hnd quiet, inotiensiye manner,
then left the court with an air Of satls.
faction.
WHOSE WIFE Is SHE?
An application for the release OF
Selma Henderson Tor Setyicel ON her
I aNHa N.a
uey H.. -. Il. Thompson. The charge
aaAinst the woman IL adultery, the
strange feature VI tho chsu being that
the deiense " alleged 10 have been
committed with her own lawful nus.
band, whose name II Louis Services.
AZ seems that some Gig ntsen months
ago Service (who Ia alsJ Ia Jail await.
lig trial for the same charged
left his wife and young children tone
OF whom, n babe, Is with her In pTiu0nl
aud went to Denver saying tnat he
should never return 10 her. b.mu
time last spring a mau named liender.
son came along, took fancy to Mrs.
Service, and induced tho woman to
marry him. Tue knot was tied by
Probate Judge Blair. Recently, how
ever, Service turned up again quite
untx poctedly, put HendufrOn ON one
siie, aud again went 10 livs with his
wife. henderson became enraged ami
at his instance the couple were NJ
rested for adultery, no hinsoli claim
ing 10 DO tho womau's husband,
Attorney Thompson stated that thu
grand Jury would lot 10 Ia session
again until the 92ud inst, anu that the
case could not therefore be taken up
before that datr. To keep q perfectly
innocent woman IN jail all that time,
with her two children running around
the streets, would he both great hard
chip and sn Injustice, she having teen
held by Commissioner BRENNAN
undera $500 bono, which she could
not furnish. AatO the mali Service,
he didn't care about him at all.
haughtrf.)
Judge Howat said he knew . thing
OF the case beyond that Hondtrson iu-
sisted he wa, the w0mau'e husband.
Attorney lhOlnpsOu--l ehe " guilty
OF anything It IL bIgamy.
Judge HuWAt offered no objection 81
the woman's release on her own rec
opuizlnoes, and the Court thought
thai, under the ciroumstinces,thls war
Nn order for her liberation was
therefore made.
aoHER ARRAIdNED.
Modesto 5loher the alleged slayer OF