Arizona republican., 1905-12-10
THE MORMON CASES
 OFF THE DOCKET
The 0nly D,fe ndant Who Stood Trial Was Acquitted.

The case O. A. V. Gibbons, high | priest of the Church of the Latter Day Saints, and a prominent resident and business man and politician of the | county of Apache, who is charged with l unlawful cohabitation, occupied the at tention of the United States court yes- terday and almost during the entire day, says the Prescott Journal Miner, of Friday. The defendant was repre- sented by Attorney Isaac Earth, of Apache county and Attorneys R. E. Morrison and F. s. Clark, of this city, while the prosecution was conducted by J. L. B. Alexander, United States attorney for Arizona, and his assist ant, w. B. Kibbey.
 The case was given to the jury at 5:15 p. m., and a verdict of not guilty was returned when the court convene1 at 7:30, two hours and fifteen minutes later.
 It appeared from the evidence that the defendant, who was raised from childhood a member Of the Mormon church, and who came to Utah in the rarty led by Brigham Young. in the early days, married a Miss Elizabeth Harris, daughter of q prominent Nor mon family in Washington, Utah, upon reaching mans estate, and in the year 1875. Two years later he took unto himself a plural wife, Miss Ella Har- ris. A few years later he emigrated to Apache county, Ariz.. continuing his marital relations with both sisters un- til about eight years ago, when. af- ter the passage of the Edmonds act. he made an agreement to separate with his plural wife, Ella, who was then the mother of three children. giving her home at St. Johns ana some cat tie and horses and other personal prop erty to assist in the support of herself and children.
 Since that time, according to all the evidence presented, he has continued in good faith to live separate and apart from his plural wife, at times giving employment to her son, who is now 16 years of age, in order to assist the mother in making a livlihood for the family.
 Many witnesses were examined but no evidence was produced which tend ed to prove the charge. The on'y fact established was that he had visited the home of the plural wife at times to meet his son. who was in his em-
 
 ing the past three years. and who re- ceived payment for his labor by pur- chasing goods at the store at St. Johns and having the same charged against his account with his father.
 Several witnesses were in the court from Apache county. and were sum- moned by the prosecution, and were not called unon to testify in the case One in particular. Mrs. Addie Savage. from Woodruff, who is an invalid, had to be carried into the court room yes terday morning. was never called uron to give evidence.
 Both wives were witnesses, and the plural wife's evidence was that since the separation the defendant had never lived in the same house with her, had never eaten at her table and that she had not borne any children to him since the agreement was entered into.
 In the cases of J. K. Udall, J. P. Rothlisberger, J. w. Brown, Joseph w Fish, w. Smith. J. F. Tanner, J. N. Butler and Jesse N. Smith, who had pleaded guilty to charges of polygamy the defendants were sentenced to pay fine of $i00 each. The fine was sus- pended for thirty days, before the eX- piration of which time the attorneys for the defendants promised that the fines would all be paid. Unless the fines were paid the sentence was that the men should serve the fine out at the rate of s per day. There is no danger of any of them serving out the sentence as they will all hustle up the money. In passing the sentence Judge Sloan announced that the fine ,,~+I I,o I1I rxx.. repetition of tke offenses.