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THE SAXiT IjAKE TKn3TOO? fcJATUBDAV MomSGCSTG-, D'AJSTOAJTZ 23, 1904. A Hi, r , , , . L vBv I. VICTORY FOB MOSES , ' Supreme Court Decides in Favor of Creechley. j, (. WILL GET A NEW TRIAL ! ' Opinion Based on tho Former ! ' Acquittal, 1 Interesting Point Brought Out in the . Declsloii-rJudgo . McCarty , j Dissents. ' k-' 1 The plea of "nutrefols acriult" Is" oarncdly discussed In an opinion of ) the Stntc Supreme court handed (dovn yesterday In the case of the State vs. i Moses Creechley, appellant The de- fondant was charged with the crime of perjury alleged to have been comnilt- , ted while testifying- In a criminal nc- f tion prosecuted against him In the r Second District court In Morgan coun- i ly. The defendant entered plea of "not guilty" and of "former acquittal" ' lo the Information. At the trial the Jury returned a. verdict of "guilty as I charged In the Information," but made 1 no finding upon the other plea of "autrefois acquit." i 1 A motion for a new trial was ovcr- L ' ruled by the court and the defendant t sentenced to six years In the State I prison. The case was thereupon ap- I I pealed to the Supreme court, the point ' raised being that the court erred In ) passing and rendering judgment I against the appellant, the Jury having j failed to Und or return any verdict I upon the appellant's plea of former acquittal, '"j NEW TRIAL IS GRANTED, fjj) i This contention is held to be sound t'il i uy t'ie Supreme court and the cause Is in f remanded to the court below with dl- 11' , j The opinion holds, "Whenever a de- liF; fondant In a. criminal action enters the l';J ' plea of autrefois acquit. It becomes the I J j plain duty of the court to require the I .. j , jury, before discharging It, to find upon i the issue thus raised. This Is so not- 1$, withstanding the fact, as Insisted by , If! I the respondent, that the burden of it d nrvl: his former acquittnl of the jt same offense Is upon the accused. I.)' ' Whether or .not there was proof show- iJ ' Ing a former acquittal of the Identical I'plJ, offense, the plea raised a question of H M fact, for the determination of the jury, I . I as much so as the plea of not guilty. 1 i "So in this case the court having" dis- . it' charged the jury without a finding .li upon that plea. It was ground for a new J! . trial, and the motion therefor ought 3 j lo have been granted." j t JUDGE M'CARTY DISSENTS, jjl The opinion, which js written by I . Justice Bartch and concurred In by jJc Chief Justice Baskln, Is dissented to lj by Justice McCarty. Justice McCarty ft' hoIds that the former acquittal of the 1 3"l I defendant of the crime of grand lar- '1 eeny, at which trial the alleged crime Pl 1. 1 of perjury was committed, had noth- t ' t0 d0 with his pleading in the scc- ft ond trial for perjury. He holds that il the appellant pleaded his former ac- , qulttal on the charge of larceny, as a 1 ' har to a prosecution for perjury. "That ii J ls ne Dlea(1'1 he woh acquitted of the ti crime of perjury in the verv case in !) which he Is charged wlih having com- J mitted the crime. At the trial he in- i ,1 troduced no evidence In sunnort of the I J 'J plea of former acquittal, and the jury j V ' failed to find on that issue. The bur- LC, ' ,len of Proving his plea of former ao- Mi , qulttal, was on lh defendant. I n V1 an1, therefore, decidedly of the . opinion that the court did right In ig- norlng the plea as it was, In effect. ali t cl,anSe1 u" the stipulation, as It raised j "0 issue that could in any wav affect , 6 the rights of the defendant, and that j. the judgment of the trial court ought I . lo be affirmed." I, ( ?, S NO DATE FIXED FOR WADE. lv . i- Man Who Killed the Chinaman at I e? Alta Arraigned, j ill James Wade, charged with murder In J i L the first degree for the killing of a Chi- , ' naman, Lee Yon. at Alta on December '5., 19th, was-arraigned in the District , ijja court yesterday and entered a plea of f jpU not guilty to the. information against 'Jjjj him. It was Impossible to agree upon PL" a date for the trial of the case and the jlj?5 setting was postponed. . q Thomas McKelvle, the young man I .( who pleaded guilty lo the charge of j burglary last Tuesday, was sentenced 31' by Judge Morse yesterday to a term of 1 - eighteen months in the State prison. !jt McKelvIc was charged with having j l (1 burglarized the Engleman second- ?! hand store on State street, lj John Rodas of Bingham, charged I " w Ith assault with a deadly weapon , r t with intent to do bodily harm, and I whose arraignment had been set for i yesterday, failed to put In an appear- hi 1 ance. The dbfondant, who has been liiy out on bajl, had been given notice that his cas?e was net for yesterday. On "the U .j' motion of District Attorney Eichnor i the case was continued until next h ( Wedneslay, and If Rodas does not M, turn up' lhe"n his bail will he declared Q ( forfeited. ilrJ The case against Leary. Mltton, $) charged. ..wIUi, burglary, was set for iif:(j . trial on Tuesday, February 2nd, and 1, that of II. W. 'Artglc-r, charged with l forgery, for Wednesday, February 3rd, Mike 2yinrlife on Trial. S3 Mlcliael Marine, the young man who iji1 t'realed considerable excitement last fMi1 fali y making charges of extreme cru fid ij "1 ty against the attendants nt tho State J,,iljtaI hospital, was examined or the Mr! xMnl ifmc vesieraay us to his sanity S 1 before County Clerk John James and District Attorney Eichnor. There was &( 110 evidence-to show that the young ljC r mJin Is In the least dangerous,' but It j j fl Leeni3 that he Is rather weak-minded, l'; u He is snld to have been affected in iirij this way Tjy a joint attack of dlphthe h J via and scailet feyer when a boy iU MScnaeI says he Is willing to work, but ( . o cannot get a job. He says he cannot M e understand why the coal companies j , "Aon't give him -work -wYien.' the v are 3 sending tickets all the time to Italians A STYLISH COAT. ' ' "' WiV- i'm!Fx " 7 f H I 1 W Dii IG N B Y ' M A Y M A N T O N. Capp.s aro always, becoming to girlish figures and are among the notable fea tures of present styles. This smart coat shows ono of tho military sort, and Im adapted to all 'cloaking malarial. Tho model, however, in made of royal bluo molto'n Pimply stkehod and trlmmnl with carved gold' button. When liked, tho capo can be omitted ond the frontH enn he rolled open lo form revers. To make the coat for a girl of 12 years- of age will bo required three and onc-clghth yards of material or 3 yards GU Inches wide. A May Munton pattern. No. -tCPG. sizes 8 to U years, will be mailed to any address by tho fashion department of this paper on receipt of 10 cents. I Send to . j Size , I ) Pattern No. (Ten Cents Inclosed.) $ ) A3 orders aro filled from the East, It will require about 10 days from receipt i of order to recclvo patterns. i to come here and go to work. He wa9 lectured by Mr. Eichnor and his case continued until February 5th. Court Notes. Alta Weber of Ogden filed a petition in voluntary bankruptcy Ini the -Federal court yesterday, confessing to debts amounting to $715. CO. with assets of $350, claimed to be exempt. Complaint for divorce was filed In the District court yesterday by A. E. Mil ler against her husband, Edward J. Miller, whom she charges with deser tion and non-support. The couple in termarried In thla city on August 'Si, 1901. District, , Judge Morse yesterday granted a decree of divorce to Frankle Gibbs from James Gibbs on the ground of non-support. The couple married In this city June 1. 1S99, and have one child, the custody of which Is granted to the plaintiff. A distribution of the estate of George A. Lowe, deceased, according to the provisions of the will as admitted to probate In the District court, was or dered by Judge Hall yesterday. The court approved the final aceount of the executor and confirmed the sole of cer tain real estate. Attorneys' fees amounting to $3000 were also approved. We are prepared to invest your funds so that they will bring you the largest returns compatible with safety. You hold the BRC'urlty. We do tho work. McGurrin & Co., 131 Main St. Boston Copper Market. TRIBUNE SPECIAL "' Boston Mass., Jan 22 Copper shares were Inclined to drag -p. Jlttie. Traders and Insiders were letting go of a few of these shares on tho strength of tho New York market. Com-ntoelou-housrs- took a few shares, but thfi public still shows hesi tancy about comlnir Into the market, and ore Inclined to bag prolYLt when, thev soo them rather than Lake on new' lines. Trad ing was more quiet than, during ihe past few days. There in plenty of talk about a better market, but little action results. Stocks are being well taken, however, and the nulla koep uu their hopts. Ilornblowe & Weeks, brokers, sVS State street., Boston, and 10 Wall street, -New York, furnish the following quotations; Sales. J-Ilgh, Low. Close. Amalgamated . . $51 550.02'. Bingham .. : ..rc ':S7'-:. tt.fj" j.S0 Mercur .. .. JkJO " .ttv .; , United States ...U35 tt.GlVj ILd) I ii'iZ Utah ............ 9S3 .74.00 15.73 33.75 Daly West. :i,60 .JJ.75 Curb Boston, JO.OO?.. ' BOSTON MINING1 STCJcfcS. ' Adventure 2,C2Vi Parrot $22.50 -A'louez -4,75 Qulney-,. lt. .ori.OO A ma led .. ... CO.CO S Vo Cop i 1,87 Bingham .. 23.50- Tamarack' ... B.OO " c & n.so.ooirtO.oo Trinity .. .... 5.00 Centennial .. ifl.CO US ot w Copper R"'.... 4S.00 Utah ..v. ..... !l5n DomCoal.... ert.EO Victoria;..-., .1.50 Fninkllu .... S.37, Winona 0.50 Ialo RoyalQ .. S.W Wolverine ... 72.00 Mohawk .. JS.C0' Daly West 31.00 Oolo Dom .... 11.25 Copper ' G.00 Osceola ., .. GO..00 Wot How Cheap But How Good. Blue Point Perfcctos, Utah's Favorite Cigar. t'bst'ilbney ,'. ; . On several pianos sold yesterday rather than pay two. rents. . Better come at ?"cc: C1 , A Anson Co.. 74 Main bt. Old stand Daynea Music Co. Mr. and Mrs. E. O. Hovard entertained at dinmir last evening In honor of Itov. Eimer I. Goshen. The table decorations wcro all In green and white and were beautiful indeed. White tulle, dotted with fern leaves, covered tho entire tabic, In the center of which was a mound of nar cissus and pluinosn. Crystal candlesticks, holding white candles, but without shades, stood at either end of the table. Covers were laid(for eight. Miss Jessie Goddard returned Thursday evening from a six months' tour of 'Eu ro jm;. Mr. and Mrs. Jack Jevne left yesterday at noon for Los Angeles after a delightful visit with Salt Lake friends. Mrs. J. C. Wceter, who has many friends made during a former resldi-nce in this city, Is visiting here for a time, tho cuest of Mrs. A. J. Gorham. , Col. E. F. Holmes leaves today for tho East. He will go as far as Washington and will be away some weeks. ' 4. Mr. and Mrs. Perry S. Heath will be at the Now Wlllard. Washington, until Tuesday next, when they will atari for tho West. The Misses Bubb entertained at an In formal chaling-dlsh party at rho Post on Thursday evening. Their guests were the Misses tatarllng, tho MIssos Alexander Capt. Hirst, H. B. Windsor, Gordon Hutchlns and Wing B. Allen. I w Mrs. Jessie Eldredge Southwlck of Bos ton, ono of the best known readers of tho country, will bo In Salt Lake on tho 1st of -February, and will clve a dramatic reading at tho First Congregational church on that nlghr. Mra. Southwlck will be assisted by Mrs. D. A. Melvin as vocal soloist John T. Donnellan Is expected home the first of next week from on Eastern and Souther trip covering several months. a Mrs Alma B-. ICatz loaves today for her homo in Boise. Mrs. Gue of Now York will go to Boise later to spend some time with her sister. A- leap year eloigning party will be given on Monday evening, by tho Misses Minerva Banks. Violet Nott. Lillian Connellv Lara Rawlins, Lulu" Chamberlain and Ivy Cleghorn, Mlas Mary Teasdcl will chap crone tbc young pqople. Mrs. John Reed goes to Ogden shortly to spend a week or two visiting friends there. Tho piano pupils of Mrs. Graham w Putnam will give a recital at her home next Wednesday evening. Mrs. Putnam will bo assisted, by Miss Bartch. Clarence Gaines has gono to Ogden to bo away oevoral wcoks. ' Mr and Mrs W. C. Dewey of Nampa, Ida., spent yesterday In Salt Lake on their way East. They arc on their wedding trip and will not return from Nampa for aomo weeks. ' The Informal hop and band concert at the Post last evening was,, as always, a very enjoyable affair. A number of voting W Oniv Medicine in the Barracks. Wmmf: m " ' Greek Lake, Wash., May G, 1903. ffl Wili Jk M Physical health kv a great influenc on a scn VHfe u A gJZ; (11 W M so when the family is poor and cannot yaSVSlS S and happy through the use gggf ffl M V JSf lK IB mothers, worn out working women, and invalids o' chronic 'patients who became wen anu n. 1 w fe KS m 1 SSS W 1 0 lirJJLj wwii m Ihavo advised sick women to use it since. It is tho only 'mcjlicm H CMV WffS B we keep consUintly on hand for crick women , jn our banracks. It has UATr U J WMtHI I j rover failed so far to rc I hcartil oawaih, Baltio.h Aaur. B 8 Captain Habely is the leader of: the Salvation Army in her own town. Her life is given up to self- m sacrificing labors and she is a woman, of high character. Pier heart goes out to all suffering women. WmWZM Wt Mrs. Habely is in a position tc know the quality of Wine of Cardui, as the most distressing cases ot WmMM M female diseases come to her attention. Women come to her with menstrual disorders, bearing down pains IM 1 and leucorrheca, which by long neglect have become chro.oic. She says Wme of Cardui has never faded m to relieve in these severe tests. And Wine of Cardui made Captain Habely herself a well woman when she VWM W was suffering female diseases. While cheap enough for any one, Wine of Cardui ; used largely . in the homes of the rich, being the best medicine women can secure at any price. Will you secure FM a $1.00 bottle of Wine of Cardui fDom your druggist today? peoplo fron the city were truesiH. In addi tion to the officers and ladles of the gar rison. Many young, peoplo enjoyed tho leap year danco given by tho junior collcpo Klrls at tho museum building last evening. The hall was prettily decorated with th school colors, while a number of cosy cornurs were arranged around tho room. Palms and other potted plants m.ido a pretty screen In rout of the musicians stand and were clYoctlvely placed around the Inrgo hall. Tho music was excellent and the party thoroughly enjoyed by all presontr A prank f tho guests of tho evening caused mtmli fun. When tho young ladici asked for the seventh dance, every young man wait "engaged." and when tin danro was announced, the young men fin need with each other, the girls merely looking on. Invitations have been Issvicd by tho Sun set club for a necktie and apron party at Chrlstcnscn's next Tuesday evening. Mr. and Mrs. Harding Mairiln are now nt home lo their friends at tho Wilson hotel. ' Mis? Sue Clark entertains Informally this afternoon for Miss Ma.udo Lewis. Tho College Women's club entertain in honor of tho A. F. fraternity at tho homo of Miss Mary Snyder next I'rlday evening. NO SOUND CAN ENTEB HERE. Millionaire Builds for Himself a Noise-Proof Dwelling-. Not every man whose- nerves are on edge can withdraw into a. "soundproof" of his own devising and i.hut out the i Jar and Jangle of the world. One man at least In this big noisy city hat a refuge of this eort, and he, needless to say, is a millionaire, who, with his millions, accumulated a terrific case of "nerves." He is a well-known newspaper fi&ure, a captain of industrj' and noted for .his philanthropic bequc-sts, but all his mov ey Is powerless to prevent an over worked nervous system from transmit ting excruciating tortures at sounds that an ordinary man hardly hears. The ordinary man, if he did suffer from nerves, probably would have to squirm and bear his sufferings, but this millionaire's wealth assures him some solace. He has built for himself in the very heart of town a retreat where noise Is a vain besieger and the few sounds that pass the guards and barriers are toned down lo faint whispers. The retreat is a wing of- his great man sion and all that money could seeure and human ingenuity devise has been used to insure a restful calm. The walls and the floors are thick enough for a fort ress. What would be partitions In an ordinary house are solid brick walla here. Each room, In fact, Is practically a cube of solid masonry, and pande monium could break out In one room without an echo of it penetrating to the adjoining room. Tho necessary doors and windows are unique-. Each window bus three sets of sashes and glass and tho doors look ex actly like the huge steel wings of a modern bank vault. On each side of the hardwood door proper, which the thick ness of the walls permits being hung In a deep Jamb, there is attached to an up holstered frame, eight inches in thick ness, which fits sirugly around the edges of the door when closed. This protec tion means thai In order to penetrate to one of the rooms tho sound waves must first pass through an eight-inch cush ion, next three inches of hard wood and then another eight-Inch cushion. This cushioned door Is used In every room whence a disagreeable noise might Issue. The eerie song ot the electric ele vator is thus shut 01T, the clatter and chatter of the chef's domain are cir cumscribed, and the grafting clang of the engineer shoveling coal down in the basement is confined to Its subterranean quarters. Over the courts and areas are heavy glass awnings to confine the voices of servants- and tradespeople. A slammed door Is Impossible, as every door in the house is fitted with an au tomatic closer and door check, and if this should fall there Is the additional precaution of felt strings nailed to the door and the edge of the jamb. One of the most dilllcult noises to overcome proved to be that caused by the handling of the family's trunks. Al though the baggage-room ia far down In the subba'sement, whenever a trunk was dropped on the floor or was banged against the walls by careless express men the master's nerves recorded that fact in no pleasant manner. Many experiments were tried before the noise emanating from this depart ment' could bo suppressed. The cost of these experiments amounted to several thousands of dollars, for the ba-ggage-room was reconstructed again and again, until finally IL was floored with cork to the depth of a foot and the side walls cushioned with springs an'd heavy padding. Tho result of all these devices Is to produce in the house a quiet akin to that of an empty cathedral, but In the rooms devoted to the sick man's per sonal use there Is a silence which is weird and unnatural. No -echo or mur mur of the familiar street soiznds enters here. The stillness Is so intense as to be almost oppressive. It would make the normal person long for the: compan ionship ot everyday pounds. Brut the si lence Is medicine to the afflicted mil lionaire and provides rest for his nerve rucked body. New York; Pres? "HELLO BILL" WILL HELP. Members of the Stranded Company and Local Talent "Will Play for Charity. A theatrical performance which cannot but attract unusual attention and Interest Is to bo given In the Grand theater Satur day, January 30th, afternoon and evening. It Is to bo a combination benefit for the families of Brighton and Gloason, tho murdered street cor men. iund tho actors who wcro left stranded here by the man ager of. the "Hello Bill" company, who forfeited his bond after having been ar rested on complaint of a member of tho company aa an absconding debtor. Tho four actors who aro Here are those who carried tho leading roles of tlm "Hello Bill" company. They aro John DaVy Mur phy, Frank Mosiyn Kellv. Echlln P. Gayer and Miss Kathleen Clifford. They were, practically, the "Hello Bill" com pany, and tho uniformly -nattering p ress notices they received from tho local news papers during the compnny'n recent en gagement here, together with the excel lent houses to which they played at every one of tho four performances, should po ample cvmcn,ce or their histrionic abilities. It Is tho purpose of theso four profes sionals, aided by tho best local talent In 1 tho city, including such well-known people as MJes Madge Lanlus. Miss Christine Johnston. Miss Rcnnlo Peterson, J C. Leary, Dana T Smith and Walter Little, besides onq or two others, to put on at the Grand a sprightly comedy, the receipts from wllch will be divided equally be- tween tho Gleason and Brighton families and tho actors. Tho local lodgo of Elks will give its heartiest support to the pro tect. Including Uie donating of the use of its lodgeroom for rehearsals, and some of the leading socieily people have already signified their Intention of giving box par tics at one or both performances. It is understood that tho street railway people will also take '071 the ale of tickets and aid the cause In t very other way possible, while the splendal array of professional and amateur tultnt, together with tho worthy purpose for which the entertain ment is to be given, must form a combined attracting power wb.'ch will appeal to all ,theatcr-goers, besides many who are not aton seen In play houses. &0 CUKE A COLD IN ONE DAY Take Jaxatlve Bromo Q.ulnlne Tablets. Druggists refund money if It fails to cure. E. W. Grove's signa ture on box. 25.c. . Snake Killed by a HJouse. A remarkable Instance of a saiake hav ing been lillled by a mouse is recorded by V. F. Francis of Wltnbledon. He states tliat an ordinary grass snake w.hich he had In confinement was given a mouse for food. The snake made several at tempts to catch the mouse, but In every eaao missed. Tho next day tho snulct.' was found to bo dead, and there was evidence lhat it had been attacked and klllcti by tho mouse, which was alive, and I'ad oaten a part of the snalte's body. The skill of the mongoose In tackling tho coIa a Is well known, but we fancy that a eae of tSils kind, which could, of course, onlv occur with a eopllve ophidian, must bo rare London Telegraph fl vA Red is the color of danger, In M whether on the semaphore Uj yjui or on the skin. When the WA acc k reene- D7 eruptions, m iWv vueu boils break out on the I Wm body, or the angry red of 1 Ha sores and ulcers is displayed f, WgjAin the flesh, it is nature's 18 vvW danger signal. The blood is 1 f obstructed and taiutcd by 3fj J impurities, aud there can be J8J no safety until the blood is made pure, g Dr. Pierce's Golden MeI- 9 ical Discovery purifies the blood, 1 aud removes the effete matter which 8 clogs and corrupts it. It cures pim r. pies, boils, eczema, scrofula, sores, jt ulcers and other consequences of jj impure blood. I "I feel greatly thnnUful for -what your j medicine baa done for me," writes Mre. i Chxi. Hood, of KalUusta, Mich. "I suf- ' '4 fcrcd with scrofula of the head for twelve .4 years, Tried every kiud of medicine that I heard of but found no etire. livery one I that looked ut my head said thev never 6aw tmything like it. The last doctor I doctored with before applying to vou I got worse every day, Waa so inlserablc that I was unabic to do any work at all. After taking two or three bottles ofyour'Goldca Medical Discovery' nnd using the local treatment you presented for me, I was cured and my head was entirely free from bcrofula," Accept no substitute for Doctor Pierce's Golden Medical Discovery. There is no other medicine which i9 M just as good" for diseases of the blood ana the eruptions which arc caused by the blood's impurity. FREE. Dr. Pierce's Common Sense Medical Adviser is sent Jive on receipt of stamps to pay expense of mailing ; only Send twenty-one one-cent stamps ? for the book in paper covers, or thirty- ; one stamps for the cloth -bound vol ume. Address Dr. R. V. Pierce, Buf falo. N.Y. " 1 AAA rr'h i I I jf 1 w w Newest 1 E? rf itr B " I n Sale This It 1 Week at 1 j Greatly Reduced Prices! I '"i 'i Our new 1904 slock, consisting of Ihe latest styles )i L $ GOWNS, CHEMISES, SKIliTS, DRAWEES, CORSET COT " ERS, and INFANTS' WEAR, is made from the Best Material li J finest aiUSLlNS, CAMBRICS, NAINSOOKS, SWISSB K I ETC and trimmed wilh the finest laces and embroideries, ad offered during; this sale at unequaled Low Prices: B& m Ladies' and Misses' ?20.00 igfe Suits for.. , Tfc U ASt? & Misses' $G.OO Jackets SPjK Ladies' and Misses' Jackets, value 'FAmi to 10.00, for Thlrlll ALL WALKING SKIRTS AT COST AND LESS. Ladies' Coats worth to rffc-sfA ASri 1 "0r SlO.OWl C Ladies'. 30.00 Coats (PIS' A i for I9ollK I SEE WINDOW. rM& I All Hosiery and Underwear pt Wholesale Cost.- I Gloves, Belts at Clearance Prices. All Children's Coats anw S Dresses ut half price and less. ' . mRf Jffisr THIS WEEK WLY m fi 25 dozen broken lots of Shirts, In soft Fj 1 (m I and -tilt bosoms-goods that retailed 70 f CAwBCti' , for 75c, $1.00, 51-25, $1.50-cholcc- o O A$ J? gjg One-fourth to one-half off on Suits, Overcoats, Men's Odd pftjti: and Underwear. One Price. 132 MHIN ST. PlalB