Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-05-02
VERDICT or GUILTY.
The Musser Case Argued and Sub
- mitted to the Jury.
The Jurors Receive Their instructions
- and Retire.
A Verdict of Guilty Returned Within
Fifteen Minutes.

After Mrs. Rideout had concluded hei
testimony yesterday afternoon
CHARLES BROWN,
Clerk of the First Ward, was called. He
testified that he kept a record OF the
births, baptlsms and blessings OF the
children of the ward, but the book had
been taken from him about six months
ago; he did not know who took it nor
when it was taken; lie had left it on a
table about six months ago and it had
been spirited away in some astonishing
manner; he could not remember whether
he had ever recorded any blessings for
the Mussers.
JOSEPH wARBURTON,
Bishop of the First ward, was called and
questioned concerning the record. He
had authority over the book but did not
know where it was; he had not blessed
any children for the defendant; tine
witness kept a store and sold goods to the
Mussers, but did not think Belinda's
children had ever purchased anything
from him.
NJ. F. EAKLE,
The school teacher Of the First Ward, tes-
titled that, with the exception OF about
six months, he had lived in the Musser
family since March, 1888. He ate his
meals at Mary Musser's table; saw the
defendant at Belinda's table once as a
guest; did not know the ages of the
youngest children, but had seen some
infants in arms.
The prosecution then rested and the
defense offered in evidence the record of
three deeds from Musser to his three
wives, dated July 81, 1888, and Annie
Sheets was called to prove that Belinda
was only stopping in the same house with
Mary until her own house should be fin
ished ~
The defense then rested and court adj
journed until this morning.
ARGUMENTS
Mr.. Dickson made the opening address |
to the jury this morning Mr.. Dickson
stated 1T would be sufficient to warrant a
conviction if it was proved the defendant
lived IN the same house with any two of
the women named in the Indictment and
treated them as his wives. Mr. Dickson
then reviewed the testimony at length.
Mrs. Sheets had testified that for a year
and half the defendant had lived in the
same house as Mrs. Mary Musser and
Mrs. Belinda Musser, and their testimony
vas uncontradicted by the defense.
MIR. Dickson was followed by Arthur I
Brown and Judge Bennett for the defense. I
Judge Bennett made as strong a plea,
probably, as could have been made for so
weak a cause
Mr.. Varian closed for the prosecution {
With strong argument and the court 9
hen charged the jury. If the jurors be- !
leved from the evidence that the de-
endant, between the dates designated in +
he indictment, lived with the women
AIMED or with any two of them as his L
!Ives, In the habit and repute of mar !
lage, they should return a verdict of
uilty; 1t was not necessary that the 4
efendant should occupy the same
ed nor have sexual intercourse Z
18th the women, nor was it necessary "
lat marriage should have been cele-
rated between them. The Jurors were n
he sole judges of the credibility of wit q
esses, and in determining their credi II
lllty had right to take into considera- 81
ON their depor tment on the stand. their !,
ankness or want of franl<ness, and the Fl
asonableness OF their statements. Al
Judge Sutherland took exceptions to P
e charge and the jury retired. II
In about fifteen minutes they returned n,
to court, announced they found the de-
ndant guilty as charged in the indict- h,
ent, and were discharged. Next Satur- N
~ was fixed for sentence. az