Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-07
POLICEMAN SMITH "GETs THERE .
He Wouldn't Plead Guilty, but Ac-
knOWlcdgcs the C0rn-Wil1iam
NeWsOm Going Through
the Mill for p. and U.C.


, Lyme, Sleeves, Armstrong and Scoville,
who were passed and sworn. The clerk
then called Labrum, Fitzgerald, McEwan,
Rodeback, Johnson, Adolph Anderson,
Snellgrove and Poulton. On being sworn
all save Mr.. Anderson believed in the
practice of unlawful cohabitation and
were consequently excused. Mr.. Ander-
son was sworn In as the fifth juror, and
R. S. Wells, Francis Plat and John N.
Pike were called, sworn, and after giving
their belief in the practice of unlawful CO.
habitation, they were let down and out.
The regular panel being exhausted, an
open venire was issued, returnable at II
O'Clock, when Messrs.. Forman, c..
r. Barratt, W. L. Pickard, Arthur Pratt,
Samuel Paul, T. A. Jenney and James
7. Keate were called to the box, and
after passing the regulation test of Mr..
Varian they were sworn as jurors, except
ing Mr.. Forman, who was challenged
and excused on the part of the defense.
MIR. Isaac Woolf was then called, and
possessing the requisites, was constituted
the twelfth juror.
The Indictment was read charging An
drew Smith with unlawful cohabitation
with Jane Smith, and Annie Garland dur
ing the period of two years last past.
Mr.. Smith waived his privilege and
was sworn as witness.
Varian-Mr. Smith, are YOU the An
drew Smith named in this indictment?
Ayes, sir; live here in Salt Lake
City; Jane Smith is my wife; Annie Car
land Smith is also my wife; have lived
with both these women since July, 1883,
| to the present year as my wives, under
the acknowledgements and repute as such.
Varian-That is all.
The case was here rested by both sides
and the Court addressed the jury to the
effect that if they believed from the evil
dence that the defendant had lived with
the above-named women as his wives in
the marriage relation during the period
charged, they should find him guilty, but
if not, they should SO report in the verdict.
1t is not necessary to show sexual inter
cours, or that the defendant has lived
continuously with these women as his
wives when the fact covers an embraced
period of time.
The jury rendered verdict of guilty
without leaving the box, and were then
Mr.. Smith was granted until the 18th of
October before receiving senteH1sR
WILLIAM NEwsoM's CAS-
The clerk called the namesSef fhe |
familiar q. C's., and Lyme, Armstrong
and Sleeves of the regular panel. The |
latter three gentlemen were passed and
sworn, while the nine supporters of |
illegal cohabitation were excused until
tomorrow morning at 10 O'Clock.
L. A. Scoville, John N. Pike, Francis
Platt, R. S. Wells, James Poulton, George
II. snelgrove, Adolph Anderson, Orson
johnson and E. H. Rodeback were
called, sworn, and refusing to sustain the
laws of the United States, were excused
until the morning, with the exception
OF MIR. Scoville and Anderson, who showed
themselves competent to serve as jurors.
McEwan exhausted the box of the reg
ular panel, and believing in U. c., was
excused
OPEN vENIRE.
Mr.. James Anderson, G. P. Mason. J.
T. Keate, Louis Cohn, S. G.. Ewing.
Samuel Paul, w. N. Cole, Chris. Diehl.
Mr.. Cohn having served on the Grand
Jury was excused.
MIR. Varian asked the remainder the
regular statutory questions, to which they
in the affirmative, and were
passed by the prosecution.
MIR. kirkpatrick propounded the usual
and found them all un-
Objectionable except Mr. Cole and Mr.
heate, who were excused, and the others
sworn as jurors in the case against VIM.
Newsom, charged with polygamy and un-
lawful cohabitation.
Charles Wilkes and ]. w. Farrell were
called to till the jury, and being qualified
TO act as impartial jurors were sworn as
such, which completed the twelve.
The Indictment was read, charging w. 8
D. Newsom with marrying Catherine
Morrison at Cape Town, Africa, in 1865.
md then marrying Lucy Deveraux in
Salt Lake City.
Catherine Morrison Deveraux was
;alled to the witness stand and said she !
was married to defendant; thought she !!
vas the first legal wife been married for
twenty-five years. The prosecution Of {
cred her as a witness for the defense I
Which was not consented to by Newsom. I
The witness was excused from the room. y
Mrs. Mary Swain testified to the above u
lame as being correct; resided here for y
wenty years met Mrs. Catherine New I,
ON in crossing the plains; knew defend u
INT by sight; have visited Newsom's
amily; found Mrs Newsom living with
efendant; my husband first introduced
ne to them; heard defendant call her 81
late Or Catherine; have not been R
here SO much on account of Il
rouble between my husband and the al
efendant; seen defendant there. don't fir
now as there is any head to the family Of
efendant and family have passed even m
1gs at my house; have eaten there dur. al
lg last year and the wear before in com F
any with defendant and his wife. heard IL
er call defendant husband in his pres ia
nee when she was very pleased; m
ad MIR. and Mrs. Newsom at
~ house last Sunday night;
visited their house this morning; they
We on Second South street between h.
we'd there for the last three years or W
lore; little grocery store is kept there
eparate from their house, but on the
ime lot; four rooms and pantry in
lelr house; one kitchen, bedroom, D
oset, and upstairs room; we generally
t IN the front bedroom; to get into the
'iioi iiouse you so across on the porch,
lree rooms and the store room in the
her building, rooms are furnished and
ave been occupied for more than two
ears by Lucy Deveraux; met Lucy four h;
Ears ago there; met Mr.. John Freeman ,yl
that house. Lucy has child about W. w.
llrteen months old; saw a doctress NJ n.
lere the day of its birth; never have ~
zen defendant or Lucy and the child to- -
ether, except like friends; that's all.
Defense you quite sure, Mrs. u "a
vain, that the houses join? II
A-YeS they ara h,,ilt +o,otbo, la|