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that sort; he is looking out for office are numerous. It is not im- the man surely stand high above the changes, and is holding his dish probable that as the work goes pursuer now. right side up in the hope of catch-bravely on the "active politicians" ing political scraps as they fall from will be getting their hands into A CHANGE OF BASE. the tables of the higher prospective each other's hair. In the meanfunctionaries. time let them not have their hopes BISMARCK has either made There is a somewhat striking feat-exalted too high. It is an old say-complete revolution in his diploure regarding this movement. It ing, "There's many a slip 'twixt matic methods regarding the United would seem, from scanning the the cup and the lip.”

names-seeing that they are almost exclusively those of former incumbents of official positions-that the "active politicians" who are seeking

PARNELL'S TRIUMPH.

a

States, or been grossly and greatly misunderstood all along. The majority of readers and observers will be disposed, we think, to accept the THE sensational developments in former as the more correct status. to rule or ruin the Territory are the Times-Parnell proceeding before At a recent state dinner the Prince rather short of timber. Otherwise the Commission in London of late, announced in substance that it was why should there be such deep are very important. They place folly to think of rupturing the anxiety to reinstate ex-officials? Is the matter in such a light as at once friendly relations which had subthe Liberal party short of brains, dismisses the case against the Irish sisted between the two countries or what is the matter? Have these leader before the world's jury, and for so long a time; and then he gentlemen who have been thus we have do doubt a similar finding went on to explain how it was prominently brought forward, in the will be had by the Court having the that the Samoan unpleasantness estimation of their friends, a life proceedings in charge. One thing is reached such a stage. The lease upon Federal offices in this Territory, or at least one that will last while the National party to which they profess to be attached is in power?

There appears to be a superficial anxiety to put Judge Zane and E. A. Ireland back into positions which they formerly occupied.

well assured-Parnell has won and geographical location of the

the Times lost morally, whatever islands and the imperfect telethe outcome otherwise may be.

The confession of the witness Pigott was not wholly unexpected. He says that the principal letters which he sold to the Times as Parnell's were forgeries of his own, and admits in addition that his evidence The anti-"Mormon" journal of in relation to them on the stand was this city makes a strong objection to perjured. When to this is added the latter, forcibly expressed, on the the fact that Pigott cannot be found ground of his general smallness. It and that the Attorney General and pays him a peculiar compliment by Solicitor Soames, both representing stating that he was a good "officer," the Times, are apparently bewilbut that he was altogether too pen-dered and know not what course to urious. This reminds one of a re-take, the break-down would seem to mark made by a person who was be complete. commenting upou the quality

of

graphic communication made it impossible for him to immediately control affairs, and he could not even proceed in the task of restitution when uncertain as to the extent of the injury inflicted by his agents, who had greatly exceeded their instructions and whose acts to that extent would not be recognized. A German paper-the Wesser Zeitung, talks in the same strain, holding that no matter if Mataafa's forces were led by an American, this government is not responsible for individual acts, while Germany, in ius position, is so responsible.

It is more than a victory for ParWe know not what agencies have an acquaintance. He said nell; it is a vindication, a promotion. been at work to bring on this righthe would be a very good fellow It takes him from the ranks of the about-face policy, but it seems to be were he not such an infernal rascal! plodding politician and makes him an accomplished fact and is very The remark of our contemporary a patriot in the estimation of the much more of a back-down on the with reference to Mr. Ireland is world. The dignified and patient part of Germany, considering the ungenerous because disingenuous. demeanor with which he has borne outrageous conduct of its agents in It has a double meaning, each the all the proceedings whose object was Samoa and the subsequent bluster opposite of the other. It should not to make him infamous for ever, and and braggadocio of some of its high be forgotten by that journal that if the manner in which he has met officials and papers, than anything these two gentlemen are placed and overcome all the obstacles ar- the United States has yet done or back in office it might possibly re- rayed against him and his cause, consented to. It is now made to sult in a trust in a small way, in would seem to place him upon a appear that Germany is not so potatoes and split wood-a recip-metaphorical pedestal in the estima-anxious to fight this country as she rocity of executive and judicial tion of those who concur in the out- was, and that, too, in the face of the courtesies, as it were. So it might come. fact that there was no considerable be presumed, we should imagine, The Times has placed itself in a degree of martial ardor exhibited by from certain observations which peculiar position. It has used its us. If Secretary Bayard has been were made by Judge Powers on the power and prestige as the foremost the means of bringing about such tuber question at the opening of the journal of the world to crush a man to a changed and gratifying condition examination into the conduct of the whom it was opposed politically of things through his peace policy, Marshal-rather than the Receiver and bring the cause he represents we will all have to confess that -and his attorneys. when the into the contempt and subject it to "peace hath her triumphs no less reex-Chief Justice made certain the scorn of the world. It has sig-nowned than war." allusions to the alleged manipula-nally failed. Money has been lavtion of vegetable products by Mr. ished to that end, while the man Dyer. who was pursued was comparatively The office seekers' petition busi-penniless and but for the assistance ness is at fever heat; the political of friends could have made no fight pot is boiling; the scramblers for against his pursuer. The cause and others is reflected back.

Perform a good deed, speak a kind word, bestow a pleasant smile, and you will receive the same in return. The happiness you bestow upon

CURRENT EVENTS.

Edmunds Law Prosecutions.

On Feb. 15 at Ogden Winthrop Farley of Ogden was sentenced to pay a fine of $300 and costs amounting to $50.50 on a plea of guilty of unlawful cohabitation. Imprisonment was omitted on account of his poor health.

David Saunders, of Farmington, Davis County, was called for sentence on a charge of unlawful cohabitation. Mr. Peters stated to the

United States vs. Joseph Reynolds; plea, guilty to unlawful cohabitation, and sentence set for March 4.

United States vs. Henry Mower, unlawful cohabitation; plea, not guilty.

United States vs. Sarah J. Sander

son; fornication; plea, not guilty. United States vs. Emma Sanders; fornication; plea not guilty.

United States vs. Aug. Swenson;

court that Mr. Saunders had escaped from the marshal while the latter was bringing him from Montana, thus entailing $50 extra costs for his arrest. In reply to questions by the court, Mr. Saunders stated that he had a family of fifteen children to provide for; his mother was a wid-postponed until March 4. ow; his father had been a soldier in the rebellion, and had fought four years in the Union army, receiving an honorable discharge at the close of the war. The court remarked, On Feb. 17 Jens Mortensen of "If I could know you would go and Brigham City was sentenced to four live as other men do, within the months' imprisonment and the pay-law-that you would turn over a ment of costs, on the same charge.

On Feb. 16 Henry Rampton of Bountiful was sentenced by Judge Sandford to ninety days' imprisonment and a fine of $100, on a play of guilty of unlawful cohabitation.

In the First District Court Feb. 14, Wm. Rounds was sentenced to four months in the penitentiary and to pay costs of prosecution. His offense was living with his wives. Wm. C. Brown pleaded guilty to polygamy, and is to be sentenced on May 8.

On Feb. 19 Martin Garn

was

sentenced by Judge Sandford to four months' imprisonment and to pay a fine of $200, on a charge of

unlawful cohabitation.

At Provo, Feb.18, P.C.Christensen was arraigned on a charge of unlawful cohabitation, to which he pleaded guilty. He was sentenced to the penitentiary for ninety days and to pay costs. He was also arraigned on a charge of adultery, and pleaded not guilty. This case was continued

for the term.

In the Third District Court, on Feb. 20, P. F. Goss, who pleaded guilty to a charge of unlawful cohabitation, was sentenced to pay a fine of $75, and be imprisoned 85 days.

new leaf-the punishment would be
very light." Mr. Saunders could
make no promise, and was fined $150
and sentenced to imprisonment for
100 days.

Preston Lewis, of Big Cotton-
wood, also received sentence on a
conviction of unlawful cohabitation.
He was ordered to be confined in
the penitentiary 100 days, and to
pay $100 fine.

On Feb. 18 Paul Cardon of Logan was before CommissionerGoodwinon the charge of unlawful cohabitation. Mrs. Susannah Cardon, and John and Lucy Cardon, were examined as witnesses, and there being no evidence to hold Mr. Cardon, the case was dismissed.

On the evening of Feb. 20 Deputy Whetstone arrested Jens P. Jensen, of Logan, on the charge of unlawful cohabitation. The examination took place next morning, when Mr. Jensen pleaded guilty and was bound over in the sum of $1000 to await the action of the grand jury.

Bishop Daynes of Hyde Park, In the Third District Court Feb. learning that there was a com23, the following business was trans-plaint filed against him in the com

acted:

George Manwaring was arraigned on a charge of unlawful cohabitation. A correction was made in the names of his wives, and he entered a plea of guilty. Sentence was set for Friday, March 1.

Grand jury came into court and presented forty-three indictments in United States cases and four in Territorial cases, ignoring accusations against Benj. Dana et al., John Miller, George Ostler and L. L. Brown.

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The court sentenced him to six months' imprisonment and the payment of costs.

M. F. Bell, of Richmond, Cache County, who, on Tuesday, pleaded guilty to the charge of unlawful cohabitation, was arraigned for sentence. He stated that he was 60 years of age; had two wives; married the first 37 years ago and the second 14 years ago; had five children by the latter; the youngest child by her was two years old; he was a farmer in a small way; had but little property.

He was sentenced to six months'

imprisonment and to pay the costs of the court.

Mr. Bell's family are in destitute circumstances. His children are all girls but the youngest, and there is no one to care for them while he is

gone.

ter, 34 years of age, falls heavily on The care of a crippled daughthe family during his absence.

missioner's court on the charge of
unlawful cohabitation, surrendered
himself to the officers on Feb. 20.
Thomas Jessop, of Millville, was
Next day his examination was held before the commissioner on Feb. 19
in Commissioner Goodwin's court on the charge of unlawful cohabita-
and there being no evidence against tion, but he has been busy railroad-
ing for several years past and evi-
dence went to show that he had

him he was acquitted.

A Number of Acquittals.
In the Third District Court on

Soren Jacobsen, of East Bountiful, was called next. He had pleaded At Ogden, on Feb. 26, the follow-kept the law. guilty to an indictment charging ing business was transacted: him with unlawful cohabitation, and Matthews F. Bell was arraigned came forward for sentence. To on a charge of unlawful cohabitaJudge Sandford's inquiry, "What tion to which he pleaded guilty. have you to say why sentence should Sentence was set for Feb. 27th. not now be pronounced against Thomas Palmer was arraigned on you?" Mr. Jacobsen replied, "Noth- a charge of unlawful cohabitation, ing at all, sir." He was then sentenced to be imprisoned for 85 days, and to pay a fine of $75, no costs being imposed.

on an indictment found Jan. 23d,
1889, to which he pleaded guilty. It
was represented to the court that de-
fendant's first wife had died a few
weeks ago and he had since then re-
married the second. Upon this
showing the court suspended sen-
tence.

At Provo on Feb. 26 the following
was done:

Warren F. Reynolds, of South Cotton, received sentence on the first count of a "segregated" indictment, for unlawful cohabitation. He was 66 years of age, and was born in New York; when he imparted this information in reply to a question by Judge Sandford, the latter looked intently at him for a moment, and then proceeded. Mr. Reynolds presented a physician's certificate that he was suffering from plea, not guilty. neuralgia of the heart. He was United States vs. Mads Jensen; sentenced to pay a fine of $50 and unlawful cohabitation; plea, guilty; be imprisoned for 50 days. sentence set for March 4.

United States vs. H. W. Sanderson; plea, guilty of unlawful cohabitation; sentence set for March 4.

United States vs. Axel Tulgreen; arraigned for unlawful cohabitation;

February 13, Francis Cundick, of West Jordan, was placed on trial on an indictment for unlawful cohabitation. The witnesses were Sarah A. Cundick, Emily J. Barnes Cundick and John H. Barnes. The evidence was that in September, 1885, the defendant and his plural wife separated. Mr. Peters endeavored to obtain a conviction, but failed, the jury returning a verdict of not guilty after being out but a few minutes.

Joseph C. Perry, of Brighton, came next, on a similar charge. Mr. Peters concluded that he did not have evidence enough to convict, and on his motion the indictment was dismissed. Mr. Perry has already served one term for living with two wives.

Rasmus Nielson was called for trial for unlawful cohabitation. He

has been imprisoned once on this charge. The evidence all went to show that he has not even spoken to his plural wife since his release from prison.

Deputy Franks was the last witness called for the prosecution and testified to having taken Mr. Nielson into custody. He had gone into the house where his plural wife happened to be calling, to get his hat to come to town and answer the charge made against him. Court-You say you arrested this man, Mr. Franks? Franks-Yes, sir. Court-When?

Franks Last summer, time.

some

Court-Who sent you? Franks I went out on a complaint issued from the Commissioner's office.

Court-Have you any information as to his mode of life?

Franks-The complaint was issued upon information received from some of his neighbors, I be

lieve.

Court-Hearsay?
Franks Yes, sir.
Court-That is all.

Mr. Moyle-Have you any interest in the prosecution of this case, Mr.

Franks?

Franks-None.

Deputy Franks left the stand, and the judge asked: "Have you any suggestions to make, Mr. Peters?" Peters-I have none, your honor. Court-Have you any motion to make, Mr. Moyle?

Mr. Moyle Only this, that I think the jury should be instructed to return a verdict of not guilty. The jury was so instructed and Mr. Nielson was acquitted.

daughter of the plural wife, by a
former husband, was first examined,
but knew nothing at all of the case.
Anna Dowden, the plural wife, was
examined. She had been divorced
from the defendant several years,
and had not lived with him at all
during the period covered by the
indictment. The prosecuting at-
torney, Mr. Hiles, admitted that he
had failed to make a case, and the
court, after severely censuring the
practice of finding indictments on
such flimsy evidence instructed the
jury to acquit, which they did.

Released From Prison.
Brother Jacob Fuhrmann, of Provi-
dence, was released from the Peni-
tentiary Feb. 23, having served a
sentence of three months and paid
a fine of $50, and costs amounting
to $30, in all $80. He was convicted
of unlawful cohabitation on his own
plea of guilty.

On Feb. 26 Brother Jeppe Jeppe-
son, of Brigham City, was released
from the penitentiary.
He has
served a three months' sentence for
living with his wives. He paid $49
costs imposed on him.

On the same day Lars Frantzen,
of Piute County, was also released
from the penitentiary, having paid
the fine imposed upon him in addi-
tion to a six months' sentence for
living with his wives.

The same evening the official announcement of the pardon of Jos. H. Thurber, of Piute County, was received by Marshal Dyer. Next morning Brother Thurber was liberated. He was sentenced by Judge Boreman to four years for polygamy and six months for unlawful cohabitation, with a fine added in each

case.

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On the evening of February 20th, Mary, wife of Enoch Sayer, of Samaria, Idaho, took strychnine with On Feb. 14 Harvey L. Perkins, of suicidal intent, and died early next Loren Harmer, of Springville, West Bountiful, Davis County, was was also numbered among those re- had become mentally deranged on morning. It is thought that she tried on a charge of unlawful cohab-leased, his sentence having been itation. Mrs. Perkins was called as four months for unlawful cohab-account of the conduct and condia witness, and Mr. Peters asked her itation. He paid a fine of $100 tion of a near relative. She is well if her husband had a second wife. and $42 costs in addition to the im-spoken of. The defense objected because she prisonment. was the legal wife. Judge Sandford said that had not appeared, so the lady was interrogated, and it being developed that she was the legal wife, the court remarked that the law exempted her and she could not be compelled to testify. Other witnesses were called, among them the plural wife, who testified that Mr. Perkins had not been in the company of the second wife during the

Samuel C. Cluff, of Provo, was another. His term was one of four months, the fine imposed in his case being $50 and $38 costs.

William J. Lewis likewise re

turned from the Penitentiary Feb.27.
His sentence was for five months,
and the fine $100, besides costs.
Having served a period of 30 days,
he attended before Commissioner
Norrell and was set at liberty.

Bishop John Spencer, of Indian-
ola, Thistle Valley, emerged from

Escapes From Mobs. A missionary now laboring in Mississippi writes us an account of the escape of himself and his traveling companion from being mobbed fields about twenty miles apart, beon two occasions. They have two tween which lies a large town. In passing from one field to the other the missionaries generally passed through this town, but having occasion lately to make the journey, they were moved upon to take a different route, not

the

realiz

time mentioned in the indictment. By direction of the court, a verdict of not guilty was returned by the the at Penitentiary Feb. 27, after ing jury. time why they serving a four months' sentence and should be so impressed. But they In the afternoon the charge of un-paying a fine of $50 for the offense soon after learned that it had belawful cohabitation against Jens of living with his wives. come known in the town that they Hansen, of Mill Creek, was called. were on the road, and that a mob Mr. Peters said the evidence against him was insufficient to convict, and had made preparations to give them on his motion the indictment was a reception on their arrival there. dismissed. The taking of a new route caused the Elders to escape falling into the hands of their enemies.

Judge Sandford suggested that the cases must have been improperly presented before the grand jury, to induce them to find indictments on such attenuated testimony, but Mr. Peters thought the presentation had been all right.

On Feb. 15 the case of the U. S.
vs. Wm. Bennett was tried before
Judge
Sandford. Betsy Hall,

Fatally Injured.

Our correspondent S. V. C., of Star Valley, informs us that Erastus D. Meecham, while hunting on the 15th inst., slid down the mounThey had occasion about three tain and was mortally injured. He was three miles from home and weeks later to re-traverse the jouralone when the accident occurred. ney and this time, in order to purAlthough he was badly hurt he chase some necessaries, they decided walked home by going a short dis- to go through town. In doing so tance at a time and then resting. they noticed three or four men He died on the 18th. The deceased standing upon the veranda was 35 years of age, a faithful Lat-of a very high building. ter-day Saint, holding the office of a They heard one of

the men

The Elder writes that the mob had an opportunity to use their saplings on a fellow who had kicked his little child, aged two and a half years, into the fire because it cried for bread, the little one being fatally burned. The Elder concludes with the remark that, in his opinion, it would have been better, even in such a case, for the law to have taken its course.

say: "Hurry and we will head his polygamous wife at all, as such;
them on the next street!" The if he do, he is guilty, whether he
Elders took the hint, but not the live or cohabit with his lawful wife
street indicated. Instead of the lat- or not. The law further
ter, they chose a well tramped hog says: That whoever commits
trail, and were soon buried in the adultery shall be punished with im-
depths of a cane brake, where the prisonment in the penitentiary not
mud and briers were so abundant exceeding three years, and when
that a blood hound could hardly the act is committed between a mar-
have followed.
ried woman and a man who is un-
married, both parties to the act shall
be deemed guilty of adultery, and
when the act is committed between
a married man and a woman who is
unmarried, the man shall be deemed
guilty of adultery. Gentlemen, the
law does not recognize these
plural marriages as lawful for any
purpose, and if a man have sexual
intercourse with his plural wife, it
is, so far as the law is concerned, as
if she had never been married to
him by any form or ceremony.
He is guilty of adultery, as I re-
marked a while ago. That is an-
other strike at this polygamous rela-
tion. The Congress of the United
States and the President have put
their heads together and passed and
approved these bills,and the Supreme
Court of the United States has said
that they are Constitutional, and it
is the duty of the people to obey
them. If they do not do it they
will have to take the consequences,
that is all there is to it.

Judge Judd's Charge. Judge Judd (says the Provo American of February 21) in charging the First District grand jury empaneled at Provo, after enumerating the general duties and obligations of grand jurors, spoke as follows:

The Jordan River.

He gave to the grand jury in the charge the whole penal code of the Territory, without undertaking to define the different crimes, it being perhaps sufficient to say that it is a rule, admitting of few exceptions, that whenever the jury may find that a person has been guilty of The time has come for Utah to conduct which strikes them as be- place itself in line with the public ing morally wrong, it is a violation sentiment of the people of the of the law, and ought to be inquired United States. We are all citizens into. "There is a species of of- of the United States. This is our fenses that were created by certain government; this is our Territory; acts of Congress, the first of this is our country. There is not a which was passed in 1862, and the man, woman or child, old or young, next in 1887, concerning what is white or black, rich or poor, high or designated in these acts as the crimes low, living in the Territory of Utah, of bigamy, polygamy, unlawful co- that has not got as much interest in habitation, incest, fornication, and the government of the United States adultery, and it is more than prob- as you or I have. If they don't able that cases arising under those feel that way they ought to leave laws will come before you for inves- the country and not stay here and tigation. Of course you all under- put themselves in dogged opposition stand what bigamy and polygamy to the laws of this government." mean. It means that a man has more than one wife living and undivorced. Unlawful cohabitation, as There has been some discussion of I understand the law, is this: Where late about the planks in the dam at a man is married to a lawful wife, the head of the city canal out of and that wife is living within the Jordan River, owing to a desire on jurisdiction of the court here, and the part of some of the Utah County he has a plural wife and goes and people to have the planks removed. lives with her. A different con- Those on the Salt Lake County side struction, as I am informed, had of the line could not see the propriety probably been put upon that statute of such a step; in fact they realized at a former time, but I charge you that a move of that kind would be the law to be this: That when very injurious. Accordingly Mayor the law says, 'that whoever co- Francis Armstrong, who is one of habits with more than one the commission to regulate the matwoman shall be deemed guilty ter, went to Spanish Fork on Feb. of a misdemeanor,' it means 21, to attend a meeting there of the this: That where a man has a law- parties interested. The result is that ful wife, whether he cohabit with all parties agreed that the planks her or not, if he go and live and should remain. cohabit with a plural wife, he is The amount of water in the lake guilty of the offense of unlawful at the present time causes serious cohabitation; in other words, if a apprehensions for the coming seaman has a lawful wife to whom he son. A brief statement of the level is lawfully married, it is his duty to of the water at different periods will live with her and nobody else, and make it clear that the matter is a the law will not allow him to come serious one. "Compromise point" into court and say: 'I have aban-is a term that may not be underdoned my lawful wife, and therefore stood by some of our readers who I am not living with more than one have not followed the discussion of wife.' What the law means to the water question. It is located at strangle is this polygamous relation. a bar where the waters of the lake So I charge you the law to be that a enter their natural outlet, the Jordan man must not live and cohabit with | River. In the fall of 1879 the water

was at its lowest point in the known history of this region, since away back in the fifties. On the bar the stream was 16 inches deep. The high water mark of other seasons was a little more than seven feet above this, so in the settlement of the dispute between those who were taking water out on this side, for Salt Lake County, and those who claimed they were injured by the backing up of the waters of the lake, a point 3 feet 3 1-2 inches above the low water mark was agreed upon, and called "compromise point;" it is 4 feet below high water mark. A monument was erected there, so as to have a permanent guide for reference.

Last year will be remembered as one when the scarcity of water was quite a hardship to many. On December 23, 1887, the level of Utah Lake was 1 foot 1 inch below "compromise point." On February 16th, March 16, March 20, and May 1, 1888, it was 8 inches below. By May 28 it had receded to 1 foot 2 inches below; by July 5, 1 foot 81⁄2 inches, and by October 11, 2 feet 9 inches below.

The rise during this winter has amounted to but little, and on the 14th of the present month the lake was 2 feet 5 inches below "compromise point"-21 inches lower than at the same time last year, and as low as it was on the 15th of last September. Experience has shown that the lake does not rise after the middle of February, to any appreciable extent, so we find that the supply of water from the lake will be cut off just to the extent, as compared with last year, that a 21 inches difference will naturally There will be a slight advantage owing to a part of the bar being cut away, but this is not at all commensurate with the loss that has been sustained. Thus it will be seen that the people of Salt Lake County have before them a very serious difficulty in the way of obtaining a fair supply of the aqueous fluid.

cause.

The Stokes Murder Case. On Feb. 26th, the trial of Ross McManamy for the murder of Chas. Gilman, or Stokes, as he was better known, was commenced before Judge Sandford. Two of the ablest lawyers at the bar, W. H. Dickson and Judge Powers, defended the accused. McManamy sat near his counsel, and alongside of him was his father, an aged gentleman, who had come on from the east. There was a large attendance in the court room, owing to the general interest in the case.

The homicile occurred on September 1, 1888. McManamy was employed as a bailiff in the Third District Court. Stokes was a young man about 25 years of age. His real name is Gilman, but his mother being left a widow married again, and he was generally known by the family name, Stokes.

On the date named, there was quarrel in the Wasatch saloon and in the hall leading to the Federal court room, in which several parties were engaged. D. W. Rench, deputy marshal interfered, and Stokes took part in the melee.

He was arrested by Rench, who helped me to get him to the door, is filed with the justice, and the detook him over to Smith's drug store, and started up the street; he asked fendant in the case arrested and to telephone for the police. Mc- me if I was an officer, and I told brought to trial? 3. Is a complaint Manamy aided Rench in making him I was; he asked me why I ar- which does not specify the amount the arrest, but the latter told him to rested him; I said for resisting me as of property taken, in charging petit go away as Stokes had an aversion an officer; McManamy was one of larceny, but which simply states towards him. He did not go, how- those who assisted me to get Stokes that it (the property) was of a less ever, but continued with the two, out of the door; did not see any one value than fifty dollars, a legal comhis object being to assist the deputy. catch hold of the door; there was plaint? 4. Can a precinct officer On going into the drug store, the quite a struggle; after we got out resign his office, and if so, to whom police were telephoned for. Stokes to the street Stokes submitted shall he tender his resignation? 5. endeavored to shake McManamy quietly; I next saw McMan- Does section 87, page 631, Vov. I, off, when the latter, for some reason amy at the corner, as we Compiled Laws of Utah, 1888, in yet unexplaind, drew his revolver were going up the street; I had speaking of the removal of officers, and fired three shots at Stokes, Stokes by the lappel of his coat; he refer to elective as well as appointive placing the weapon close to his pulled back a little; he was probably officers? 6. Has a city council the breast. Stokes fell forward, dying "tight" enough to make him active; right to accept or refuse the resignaalmost instantly. McManamy was he was not drunk, but was a little tion of an officer who has been arrested, and at the preliminary under the influence of liquor; Mc- elected by the people? 7. If an offiexamination was held without Manamy went up the street on the cer of the city offers his resignation bonds to answer to the charge of opposite side of Stokes from me; I to the council, and they refuse to murder. don't know whether he had hold of accept it, is he still in duty bound to Stokes or not; Stokes asked McMan- continue to act; and if he refuses, amy to go away, and I told McMan- what will be the result? 8. Was amy to go; he may not have heard the founder of the New York Herme; I told him to go back because I ald, or its present proprietor, ever saw his presence was objectionable connected with the Church of Jesus to Stokes, who was going on quietly; Christ of Latter-day Saints? when we got across the street Stokes asked me where I was going; I said to the City Hall; he said he did not want his mother disgraced; then I The indictment was then read, said "Let's go in the drug store;" and the opening stament of the case we went in, and I spoke to Mr. made by Mr. Hiles, who gave a Smith; I spoke the second time, comprehensive summary of the when a shot was fired; I let go of facts which the prosecution expected Stokes and turned around; then saw to prove. Judge Powers reserved McManamy fire two more shots into the statement of the case for the Stokes' left breast; he was closer to defense until the close of the testi-Stokes, who reeled and fell; then mony for the prosecution.

The prosecution were represented by District Attorney Peters and his assistant Ogden Hiles.

After some difficulty a jury was empaneled as follows:

J. B. Pritchett,
A. C. Boyle,

J. L. Bel,

L. F. Kullock,
George C Kidder,
Arthur Van Meter,

Henry Hirschman,
John Judge,
C. H. Whithey,
A. L. Williams,
Frank Shelly,
M. H. Sutl.

Mr. Hiles offered the depositions of James and Amos Marsden, witnesses whom the officer had been unable to find, but who were supposed to be in Wyoming. Mr. Dickson objected to them on legal grounds, and they were withdrawn. Robert M. Fryer and Alexander Watson testified to the particulars of the trouble in the saloon, just prior to the shooting, when court adjourned.

On the morning of the 27th the case was proceeded with. William Marsh gave a detailed account of the row in the saloon, and Daniel W. Rench testified as follows:

I am

a little hard of hearing; on the 1st of last September I was a deputy marshal; know Ross McManamy; knew him about two months before the shooting; saw the difficulty in the Wasatch hallway on the night of September 1st; I heard a noise when I was on the street, and went into the saloon; McManamy was the only one knew; he was apparently trying to settle a quarrel with the Marsdens; I went into the hall; in a little while

there

were

two

deputies Franks and Sprague came
and took McManamy away; Stokes
fell on his face, then turned partly
over, made two or three gasps, and
was dead; I afterwards examined
Stokes' body;
wounds about 11⁄2 inches apart, at
his heart, and one on his right
wrist; there was also blood above
his eye, but I could not say whether
or not there was a wound there; be-
fore the first shot I knew of nostrug-
gle; I felt Stokes pull back a little,
but not much; I was looking at and
talking to Mr. Smith;
words spoken by either party.

heard no

To the Court- The pistol shots were close together; I just had time to turn after the first shot, and then the others came pretty close.

Rench's statement of the shooting was not materially affected by the cross-examination to which he was subjected.

Montgomery Bird saw two of the shots fired, and heard three. Did not recognize defendant as the man who fired them.

Mr. Dickson here admitted that the defendant fired the fatal shots. Several other witnesses testified to facts of the shooting, confirming Rench's version of it.

"W." of Cedar City asks:

McManamy came out, followed by
someone with whom he was quarrel-
ing; McManamy said "I am no
coward," or something like that,
and put his hand behind him; he NOTES AND QUERIES.
then went back into the hall; a fight
commenced, and I went in
and caught one of the par
ties; Stokes took me by the 1. Is the law in relation to aban-
back of my neck and pulled me donment of rights to the use of
back; he choked me down; he put water, Compiled Laws of Utah,
his knee into my back, and forced 1888, page 135, Sec. 9, according to
me down; I caught him after Judge the decisions of courts, and such a
Norrell released me; Stokes com- law as the courts would be likely to
menced throwing me around, as he sustain? 2. Can a criminal com-
was much stronger; two or three plaint be legally amended after it

1. Other sections of this law have been judicially declared unconstitutional, but in our opinion section 9, is valid. 2. If a demurrer to the complaint is sustained on account of some flaw in it, a new complaint must be prepared, sworn to, and filed within such time as the justice may fix, not exceeding twenty-four hours, and the defendant will in the meantime be held. If a new complaint be not filed within the time fixed by the justice, the defendant must be discharged. See Compiled Laws, 1888, Vol. II, p. 774, section 12. This is the mode of amending a criminal complaint in justices' courts. 3. The complaint should describe the property alleged to have been stolen, with sufficient fulness and detail to fully apprise the defendant of what he is accused of having stolen. The value, actual or estimated, should be stated in the complaint. 4. The law contains no specific provision governing resignations of precinct officers; but on general principles we are of opinion that the resignation should be presented to the county court, and that if accepted by that body the officer would be relieved from further duty, and his bondsmen would

be exonerated. 5. Yes. 6. The law
is not specific, but upon general
principles we think the city council
has the right to accept or reject the
resignation of any city officer. 7
Ordinarily he would be obliged, in
our opinion, to continue to act; his
bondsmen being responsible for his
8. No; but James Gordon
doing so.
Bennett, senior, was disposed to

accord fair play to the Mormons,

and admitted to his columns articles in their defense.

A READING LESSON.

It was past 40'clock on the afternoon of Feb.25 when the contempt proceedings in the Zane-Dyer controversy were called up. Messrs. Zane & Zane and R. N. Baskin had been in waiting most of the day. Finally, when the arguments on the report of Examiner Harkness were

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