Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-02
BRAIN and HIS RELIGION.
Another Nice Illustration Of the Beau
ties Of Celestial Marriage.
An Attempt to Influence the Court by
an Appeal to Abraham, Isaac
and Jacob.
The Appeal Is Denied, and Brain Is
Awarded the Usual Three-Six.

The Third District Court opened this
morning at 10 o'clock with the well adj
vertised polygamy and unlawful cohabi-
tation cases OF Edward Brain. All the
witnesses were present with the excep-
ton OF Susan jackson, for whom an at
tachment was issued. All the witnesses
in the other cases were excused until to-
morrow morning at 10 o'clock. The fol-
lowing jury was easily obtained, passing
the usual questions relative to statutory
qualifications: William Sleeves, 7. C.
Armstrong, j. F. Bradley, w. E. Smed-
ley, George Barr, Edmond Wilkes, c. L.
Haines, James McTierney, J. H. Noun
nan, Adolph Anderson, and w. c. Lyme.
The clerk then read the Indictment
against Mr.. Brain, to which he had
pleaded not guilty.
JOSEPH d. BRAIN,
A son OF the defendant, was the first to
give testimony. In answer to many ques-
tons he stated that he was son of de-
PENDANT and of Mary Bailey Brain, the
first and legal wife; lived in the Twen-
tieth ward; has two brothers, Edward E.
and Charles g., and sister, Matilda
Brain. Didn't know Susan Jackson I;
knew Mary Ann johnson, his fathers
divorced wife. Knew Janezes Paters, the
alleged third wife of his father; she lives
in the Twenty-frst ward. Didn't know
that she was his fathers wife; she lives
in a house belonging to defendant, with
her brother, Fred Paters; have seen de-
PENDANT there score of times,
once at the meal table; have seen
Janezes Paters with the infant baby; it
is reputed to be my fathers; defendant
passed no time at the house of witness;
ceased to stop there about two years ago I;
defendant lived last year in his house at
the brick yard with Miss Paters; know
tieth ward about mile from Mary
Bailey Brains house, where live father
lived with Mary johnson Brain two years
ago, in the fall OF 1888; don't know
whether he lived with Miss Paters during
the same time or not; prior to November,
1888, he lived all the time at our home,
save night or two week, when he
called on Miss johnson.
MARY ANN JOHNSON
Testified: am the second and divorced
wife OF Edward Brain; got my divorce
about one year ago. married defendant
fourteen years ago; live at All Fourth
East street, in the Twentieth ward have
had seven children by defendant; Brain
ceased visiting me about three years ago
Know Mary Bailey Brain, she is his hon
orable wife. When defendant left me
don't know where he went, but think he
made his home with Janezes Paters. l
| hfA,- Il, TO-
neighbors say she is his wife but can't
say.
Cross-examined by the defense. -
know Susan jackson; she is married to
Mr.. jackson, OF Provo.
MRS. SUSAN JACKSON.
was married to Mr.. jackson, who is
now deceased; was married to defendant
Brain in 1912, at Bath, England; was
divorced here and married defendant
some three years afterward in 1861 got a
divorce from Brain by the Mormon
church; have six children, two Of them,
Frank Brain and Mary Swartout, married,
live in Provo.
Cross-examined-I was married to
Brain, Graves, Cooper and Jackson.
JANEzEs PATERs.
Am "A years old, came from Holland
four years ago next November with my
parents, two brothers and sister. We
all lived in the Eighteenth ward for a
while on money brought over; father
now works by the day hired out as work
ing girl for Mr.. d. Bockholt in the
Fifteenth ward stayed there about eight
months then went to live with my people
in Mr.. Brains house, in October, 1882.
In 1888 | lived at the brick yard.
This is the young woman who could
not talk English few weeks ago when
before Commissioner Mckay, and had to
have an interpreter. This morning she
showed the brains of the Brain family
and told a very clear story in an intelli-
gent manner. She said she married Ed
ward Brain in the Endowment House.
this city, on the I'd of February, 1882 /;
defendant visited her night or two each
week until 1888, when he papered and
fitted up the largest room in his house on
the bench for her after abandoning the
other two wives.
Witness was asked to explain how she
got acquainted with defendant. She left
the stand and got her baby, which was
crying, and returning, said: "WeL
first met Brother Brain at the Assembly
Hall, soon after j came to Salt Lake. He
u,
How do you do, Sister Paters?' So we
meet to court q little. After while he
took me home and / married him nv
parents didn't know it; my baby is now
nine months old, and Mr.. Brain is its
father"
The prosecution excused her, and she
started for her seat, when suddenly stop
| ping, she said: ~ want to say that that
woman Mary A. Johnson) says | used
to wash for her. That is not so. 1t was
my mother. She wants to make me ont
Il washerwOman.
| Cross-eNamined-Ilow did you manage
to meet Mr.. Brain? Well, you see, we
had sparkling place, and he would Just
watch Tor me, and when / showed up we
would go home together.
Ii was almost impossible to keep the
crowd from laughing during the FUN
vanished tale" and even smile crept
over the faces OF the Court and jury.
what day OF the week did you go
through the Endowment House?p 1t
was Thursday, February I'd, 1882.
A sister Of Mrs. Paters Brain was
called, but gave no material evidence.
The prosecution rested the case, and
Judge Zane addressing the jury as TO the
two oiienses charged in the indictment,
asid they should drop the pOlygamy
cuont; they should weigh all the evil
dence and bring in the verdict accord
ingly, The bailiff started to conduct the
jury 10 the secret closet, when they an
nonneed that all Were ready to render a
verdict without further consideration, ex-
cepting j i. Bradley, who desired TO en-
ter the side room for little reflection,
and accordingly the eleven men followed