Ogden_Standard_Examiner_1886-05-27_First_District_Court by panniuniu

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									  FIRST DISTRICT COURT
larard       ato                         31
                                           1




  this morning at ten
  tills                                     the
first dietrict court was opened
firt                                       mr
 barnard white was in attendance and
                   te
 the familiar features of P J barratt
faa were noticed among other at-
tornies the gentlemark haa been la
torn iea
corniea             gent lemarL has bea 1
                         lemaa
hlepos for som time                    dij hiii
ito for recovered as to be aveto be to
attendance oa the court 6
                on
    the journal was readdy clerk
                              read by
perkins
    la tb e case of lb e U S va barnard
    in the             abe         vs
 white the court overruled the motion
 for anew trial ni arieon the ground
       a new            madrion
 that ithe po ur t erred 4 in admitting
               court effe n
 the teetestimony or the fitness jane
                       of        vit ness
 fife white the legal wife of defen-
 dant the court stated that it had
 carefully examined authorities and
 hadgett hesitancy in overruling
 had great
 mot 0 and was inclined to doubt the
 motion
                                            th 0
 correctness of its former ruling but
 in order that an appeal may be taken
 and tho matter decided satisfactorily
       the
 and definitely by the supreme court
 of the territory the court sustained      ned
 its former ruling the court indr         indi
 bated IN willingness lo
         its                10 admit the de-di
 fendant to bail pending appeal
               ball
     hie honor referred to the great ne-
     his
 cessity for this question to be settled
                             ozi
this court legal inclines to the com-
 ion that a
                now
                       wife cannot be
 pelled to testify in this class of cases
      ed
 ril ast her husband wit bout the con-
 against
   g1                       without
 sent of both parties in the third
 district the court baa ruled to admit
                          has
 the testimony of the first wife in
 order then to avoid confusion atil        and
 that the question may be settled by
                    tion
 the supreme court this court takes
 the above asuree
    the court held that the verdict was
 made in accordance with the evi-
 dence in the case  ase
    mr white was asked to stand up
 and on being asked if he had an          any-
 thing to pa why the sentence of Y
             pay                            the
 court should not bo passed upon him
                        be
 he replied 1 I haye nothing whatever
 be                 have
     say
 to eay
            court then sentenced mr
    the to imprisonment
 white                            in the rent1
 tertiary for a period of six months
       lary
 tent iary
 and to pay a finoff              and the cost
 of prosecution
    mr kimball aked for a stay of
 judgment and that the defendant be
 admitted to bail pending appeal
                  ball
    the stay of proceedings was grant-
 ed and the defendant was admitted
 to ball in the sum of
     Wm Stimpson was arraigned on two
              in peon
 indictments charging unlawful cohab-
 itation with edna stimpson and mary
stimpson as wives during the years        year
 1884 and 1885 the defendant took
 the statutory time in which to plead
 and alie court set saturday morning
 as the time for accepting the plea
 mr stimpson furnished all the tests
 nir         peon
                          hll me
 mony required in hl l case before the
grand jury
    the case of lashus vs chamberlin
 was then proceeded with

  at    two           lion P 11 1emer-
                                II mer
son made tho closing argument to the
            the
jury in tha case of george IV lashua
         the                   wr
va thomas C chamberlin which
vs
had occupied the time of the court
bad
since yester ay morning the court
       yesterday
charged the jury and they retired
     draw a jury in the case of steva
                                  slovene
va the rocky mountain bell tele-
phone company said bis honor and
         Compau           his
the jury was drawn those gentle-   gent le
man who are subscribers for the bell
telephone were excused from ise
an th ejury
on
   Thia suit ia brought by the plaintiff
   this sult is
 against the defendant company to re-
cover damages in the eum of
                  ili      sum
 alleged to have been sustained
 through injury to a horse from balbaa
 struck by a telephone wire which
 was cut loose by one of defend ints
                              defendants
 employees        while     the      horse
 was passing beneath the accident
occurred on fifth street in front of
 mr Sl ovens place tho telephone
                         the
 co at the time was stringing new
 wires and one old one which was in      ili
 the way of the workman was cut
and tho result was as stated the wire
bar ng coiled itself around the an
having colled                         ani-
mal which became frightened and
finally died from the injuries received

								
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