Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-09-11
MISSED ON MOULT0N.
One of the Heber Suspected Goes on
His Way Rejoicing.
The Evidence in Such Shape That Com
missioner Mckay Discharges
the Case,
And Joseph Will Keep His Weather
Eye on the Deputies After This.

poned until III O'Clock this morning.
Shortly after the appointed time Prose
cutor Dickson and Mr.. F. S. Richards fo
the defense appeared npon the scene, an
the case was taken up. The defendan
listened to the complaint charging hin
with unlawfully cohabiting with Ann an,
Mary Moulton as his wives since 1882 t
September LIST, 1885. A plea of not guilt,
was entered by the defendant, and tn
! first witness,
| MR.. MOORE, OF KANAB,
Was called to the stand, sworn, and tes
titled as follows:
MIR. Dickson-Are you acquainted will
the defendant? Ayes, sir.
Q.-Hcw long have you known him
A.-For about eighteen months,
Q.-Were you ever employed by him
Ayes, sir. Last fall helped to Thrash
his grain.
Odd you stop at the defendants
house? Ayes, sir. Three of us took
our meals there.
Q.-Do you know this lady back of
you? Ayes, sir. Mr.. Moulton intro
duced her to me as his first wife.
Odd you meet her children? A
Yes, sir. l saw several children abou:
the house.
Odd they call her mother and the
defendant father? Ayes, sir.
Q.-What other visits, if any, have you
made at Mr.. Moulton's house? A
Well, l have visited the house three
times. Once to do threshing, again to
take contract to do some building, and
the other day, in company with Mr..
Shields, to serve the papers for this case.
Q.-What took place on these visits ?
Al was introduced by the defendant
on my first visit to his wives.
HE THOUGHT WAS A MORMON.
And said, Brother Moore, this is my
first wife, and this is my second" mean
ing Mary Elizabeth and Annie. When
we served the warrants of arrest last
Wednesday he said he did not think |
would arrest him, and that Annie was
confined and away from my reach. He
sent his boy to warn her, / presume. The
warrant was read to him and he said,
" You know have three wives and l in
tend to live with them and serve nv re-
ligion'
Dickson-That will do.
Mr.. Richards-Where did this last con-
versation take place? Am front of his
house.
Q-Who else was present at the time?
A.-No one else.
Q.-Now tell the whole conversation as
it took place?
A.-On meeting him l said, "good morn
ing, Mr.. MOulton," and we shook hands.
told him had warrant for his arrest,
and he said, encore, you know I have
5hree wives and
INTEND LIVING MY RELIGION IF GO TO TIE
PENITENTIARY
For it. [ asked him to step aside with
ne, and Mr.. Shields would serve the
which was done.
After going over pretty much the same
Inc OF evidence brought out by the other
ide, Commissioner Mckay asked the
witness who were there when he went to
10 the threshing, to which he replied the
Wo women introduced to him by Moul- |
on as his first and second wives.
MIR. Richards-When I asked YOU what |
late it was on which you visited Mr.. |
doulton's house you said the 25th OF Jan |
larry, 1884. How do you remember the
lme? Al made out bill bearing the |
ate, which recently transferred to nv |
Mr.. Dickson, addressing
MRS. ANN MoULToN:
You may take the stand, please"
Mr.. Rlchards-We object to her being
worn.
Nh. Dickson-I insist that the witness
e sworn
The Court-Stand up please, and take
he oath.
Mr.. Dickson-What is your full name?
Elizabeth Moulton.
O. Do you know Ann Moulton?
Rlchards-We object to any further ex-
nination of the witness.
Dickson-Are you the legal wife of the
efendant? Ayes, sir.
Rlchards-Your Honor, | move that !
lie defendant be discharged, as nothing ,
rs been shown in the testimony to war. ,
mt holding for the charge in the com .
amt. Nothing was shown in Mr. :
CORES statement to prove that Mr. Z
oulton is guilty of unlawful cohabita- =
IN if Ann Moulton is confined. The :
fendant simply states that he will lived &
religion and nothing more. y
Dickson = There has been sufficient ',
idence given to warrant the defendant !,
ing held over. The testimony of Mr. T
ooTe has not been eontradicted by Mary q
oulton or any one else These women =
re lntroducedand not disowned as the n
PENDANTS wives. 1t is a known fact Il
at such men take glory and pride in h
astlng of their intentions to live their II
lglon as a commandment of God. as Ia
.se trials have shown. -,
Rlchards-I claim if his second wife is " y,
ltined it does not figure in this case. u
the prosecution has no right to raise
A PRESUMPTION OF GUILT
'm incidental statements. which he a
5e are untrue, and then call us in to B,
,laln away such claimed convictions.
commissioner 'McKay-There seems
new feature in this case on which 7
at to consult several authorities. =;
consider the matter until , O'Clock ~
J afternoon.
at the set hour for the deci.
MI. Moulton took q seat facing Com
sloner Mckay, with Mr.. Richards at w
side. The Court summed I'D the lox
ience, and his conclusion was based
he fact that Mr.. Moore did not testify He
lredly that the two women were the
re parties set forth in the complaint
Ann and Lizzie Moulton. Several He
r lacking proofs OF guilt on the part etc
ne defendant as charged were alluded liz,
by the Court. He said in This IN In,
the evidence against the de- orc orr
ant consisted of admissions not GO
If the marriages were 70 b,'i
vn unlawful cohabitation would wo,
umedly follow, which evidence MO MO.
not contradicted by the witness when b;S
sted In the power of the defense to do doc
am away the presumption which snc
1t under the circumstances warrant de; dc
holding OF the defendant. The court Vo r,
ght the convicting evidence not suf- F.;
1t to hold Mr.. Moulton and dismissed b,, I.
ase. The bondsmen were also dis iet+'
geo. MI. Moulton and his wife rom