Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-08-11
Is SHE MAIDEN OR WIFE !
Testimony Against John w. sheh
and Eliza Sshaffer COncluded-
TO Be Decided Saturday.

After Messrs. Varian and Kirkpatrick
had finished their arguments yesterday
afternoon in relation to the power OF
Commissioner Mckay to commit wit
ness for contempt OF Court, the vital
question was submitted to Commissioner
Mckay, who took it under Amusement,
and .proceeded with the examination OF
the other witnesses present.
F. J. Senior, of Plain City, was sworn,
and said he had been in salt transactions
with Mr.. Smell and had worked in the
store. Had eaten there with Eliza Schaf-
fer and Smell, but had never seen them
in bed together, although the defendant
had introduced Eliza as his wife some
years ago.
II. Mccoy was called, sworn and testi-
fled to about the same indirect evidence
as all other witnesses preceding had
done.
This morning at 10 o'clock some thirty
persons with the witnesses were present
at the resumed examination.
Peter Ferguson, of Ogden, was called
to the stand, and after being sworn was
questioned by Prosecuting Attorney Va
rian:
Q.-What is your full name?
A.-Peter Ferguson.
Q.-How long since you lived here?
A.-Eight or nine years ago.
O.-Do you know John w. Smell?
Ayes, sir.
Q.-How long have you known him
Anime or ten years.
Q.-Ever had any business or transac-
tons with him?
Ayes, sir; used to work for him
at Hooper.
Q.-What employment were you en-
gagged in here?
A.-The salt business.
Q.-Do you know where his place of
business is now?
Ayes, sir.
Q.-And where the store originally
was?
A.-Yes, sir; he notified me where he
moved some time afterward
Q.-Have YOU been to his place within
the last three years?
A.-Yes, sir; once or twice, about a
year ago last spring. l called at the
store and stayed all night. | saw Mr..
Smell and Miss Schaffer there. The
/ kitchen is at the rear ard there is an up
stairs to the building. | took supper at
! Mr.. SHELLS invitation, and Eliza prepared
! it. We all three sat down and ate to-
gether. | slept on the lounge that night,
! but don't know where Smell stayed.
retired about 10 o'clock, and when | got
up in the morning they were about the
/ house.
! O.-Where did Mr.. Smell retire to that
night?
Al think he went up stairs.
Odd he disrobe himself?
Al think he took off his shoes
| Odd Eliza Schaffer repair up stairs.
Al don't know; she was there in the
morning when | arose, and Mr.. Smell was
putting on his shoes, | believe.
Q.-Have YOU ever been employed in
either of these stores?
Ayes, sir; eight years ago worked
there.
Odd you ever hear Mr.. Smell intro
duce or speak of Eliza us his wife?
A.-No, sir; but articles were charged
TO her on the book as Eliza Schaffer, and
sometimes as.Eliza Smell, l believe.
Mr.. kpatrick-You say yOu don't
know where Miss Schaffer slept then or
where Mr. Smell slept?
Al do not know.
Q.-Then you don't pretend to say they
slept together?
A.-NO, sir.
Witness was excused, and Mr.. Kirk
patrick addressed the Court to the effect
that he thought no case had been made
out against Mr.. Smell, whom he moved
to have discharged, as there had been no
proof of holding out or tendency to estab-
lish fact of cohabitation.
Mr. Varian replied that the testimony
went to show that the defendant and
Eliza Schaffer have been on very init
mate relations, eating, sleeping and re-
siding very much like welded people in
the same house, and moved that Mr..
Smell be held.
Commissioner Mckay will adjourn
these two cases until Saturday morning
at 10 O'Clock, when all may be present
save Mr. Ferguson and Mr.. Senior, who
live away and whose evidence is in.