Williams news., 1905-12-16
THE MORMON CASES
The Only Defendant Who Stood
 Trial Was Acquitted

The case of A. V. Gibbons, a high
 priest of the Church of the Latter
 Day Saints, and a prominent resi-
 dent of the county of Apache, who
 is charged with unlawful cohab bita-
 ton, occupied the attention of the
 United States court yesterday and almost during the entire day, says
 the Journal Miner of Friday. The defendant was represented by Att
 torney Isaac Earth, of Apache coun-
 ty, and Attorneys R. E. Morrison and E. S. Clark, of this city, while the prosecution was conducted by J. L. B. Alexander, United States attorney for Arizona. and his as- sistant, W. B. Kibbey.
 The case was given to the jury at 5:15 pm. and a verdict of not guilty was returned when the court convened at 7:3O, 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 party led by Brigham Young, in the early days, married a Miss Elizabeth Harris, daughter of prominent Mormon family in Washington, Utah. upon reaching mans estate, and in the year 1875. Two years later he took unto him. self a plural wife, Miss Ella Harris. A few years later he emigrated to Apache county, Ariz., continuing his marital relations with both sis ters until about eight years ago, when, after the passage of the Ed monds 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 and some cattle and horses and other personal property to assist in the support of herself and children.
 Since that time, according to alt the evidence presented, he has con. tinued in good faith to live sepa- rate and apart from his plural wife, 1t times giving employment to her 'on, who is now 16 years of age, in order to assist the mother in mak- ng livelihood for the family.
 Many witnesses were examined, put no evidence was produced which ended to prove the charge. The ,nly fact established was that he lad visited the home of the plural wife at times to meet his son, who vas in his employment good deal # the time during the past three ,ears, and who received payment or his labor by purchasing goods t the store at St. Johns and hay rg the same charged against his account with his father.
 Both wives were witnesses, and he plural wife's evidence was that ince the separation the defendant lad never lived in the same house with her, and had never eaten at Ter table and that she had not borne ny children to him since the agree 1ent was entered into.
 In the cases of J. K. Udall, J.P. sothlisberger, J. w. Brown. Joseph v. Fish, w. Smith, J. E. Tanner, . N. Butler and Jesse N. Smith, ho had pleaded guilty to charges polygamy, the defendants were entenced to pay a fine of $1OO lch. The fine was suspended for ,irty days, before the expiration which time the attorneys for the promised that the fines ould all be paid. Unless the fines ere paid the sentence was that the zen should serve the fine out at le rate of $3 per day. There is no lnger of any of them serving out le sentence, as they will all hustle the money. In passing the sen- nee Judge Sloan announced that le fine must not be regarded as cense for a repetition of the of-