Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-09-23
A MISSING WITNESS.
Martha Priest Eardley Skips Two
Hundred Dollar Bond, and Boards
a U. &. Train.
More Witnesses With Convenient
MemOries-The Sons Memory
Fails Him.
Thomas +. IL. Morton Pleads Guilty
to a One-COunt Indictment-He
Will be Sentenced Oct. list.

entered u plea ofguilty, and at his request
the Court set October LIST as the date OF
sentence.
The second case called was that against
JAMES EARDLEY,
Who was arraigned on a one.count UNI
lawful cohabitation indictment, and
entered plea OF not guilty. The indict-
ment charges him with living with Eur
biah Eardley and Martha Priest Eardley,
between the first day OF November 1882,
and the first day of April, 1884.
The witnesses were called and it was
found that two Of them, Martha Priest
Eardley, the second wife, and John
Eardley were absent.
Mr.. Dickson stated that the witness
Martha Priest Eardley was under 5000
bonds to appear, and he asked that she
be called. Her name was called three
times and, as she failed to answer, the
bond was declared forfeited.
A jury was then called and after
Thomas Davis, j. M. Harvey and Joseph
Foreman were challenged, the following
jurors were passed and sworn:
Boman Cannon, William McCrea,
II. w. Crane, Wells Clark,
Edward Berry, Frank Mclaughlin,
Joseph Foster, Charles Shields,
George Shell, j. Il. Wilson,
The prosecution then began the exam
ination Of witnesses, calling first
JAMES W. EARDLY,
Who testified as follows: am son of
the defendant; am son OF Zurbiah
Eardley she lived at 631 Main street
during the time mentioned in the indict-
ment; my mother has seven children
living; think I've heard father speak OF
his marriage to my mother; visited my
fathers house quite often during the time
mentioned in the Indictment; met father
there; saw him there at meals; know
Martha Priest; during the time in ques-
ton she lived about block from my
mother; she has three or four children
the youngest is about five years old; it
was probably six months ago when l
saw this child last; have seen
these children in the store; do not
remember ever having seen the
children in my fathers presence; have
never seen my father there the last time
| was there was less than three years ago ;
never went there at the request of my
| father; Martha's children bear the
family name OF Eardley up to the time
l. lelJ lily llOuSt llNbu
there all the time; never heard my
father speak of Martha as his wife don't
know whether or not she paid for the
never heard Martha spoken of as Mrs
Eardley; remember seeing Martha at
my mothers house one time three or
four years ago, when my father was also
present.
Mr.. Dickson-Do you mean to say that
Martha was not recognized in your
family as your fathers wife?
Witness - We never talk about the
matter.
Mr.. Dickson-I did not ask whether
you talk about it. You never talk about
the fact of your mothers marriage to your
father, but isn't it understood that she is
your fathers wife?
This question was objected to by Mr..
Rawlins, who claimed that it was incom-
petent and irrelevant.
The Court said that the witness could
| state whether or not the woman was rec
ognized aa his fathers wife.
Mr.. Dickson-Do you recognize Johnny
Eardley rs your half-brother?
Objected TO by defense. Objection sus-
tanned.
Mr.. DIS Johnny Eardley your half
brother ?
Witness-I don't know.
Mr.. DIS James Eardley your father /?
Witness Yes.
Mr.. D.-How do you know?
Witness concluded that he merely
thought so, and continued to say :
don't know that Martha is re-
puted to be my fathers wife; might
have stated before the Grand Jury that
it was generally understood that those
children were my fathers; l am under
the impression that some people think
they are.
To the Defense-The time I spoke OF
having seen my father and Martha to-
gether at my mothers house was before
November, 1882.
De-direct to Observation-Disclosures is
known as Martha Eardley; if heard any
one speak OF Martha Eardley | would
understand that they meant this Martha
PRIEST don't recollect ever having heard
her called Martha Eardley; Martha lived
in my mothers house about twelve or
fourteen years ago; she had no children
then; Martha ate az the table with the
family; she was then in the capacity OF
servant girl; she was paid wages don't
know who paid her; heard my mother
say that she was coming there as a
servant girl don't know that my father
has lived in that house with Martha
during the time mentioned. Excused.
MARY L. EARDLEY
Was the next witness. She said: My
mothers name is Zurbiah Eardley; my
fathers name is James Eardley; know
Martha Eardley last saw her six or seven
months ago; know her children; have
seen them at our house don't remember
having seen them at the house or store
when my father was present during the
time mentioned in the indictment my
father had no business and he was around
the house most OF the time never saw
him there at the same time as the chill
dren were no one has told me how to
testify here have waited upon Martha in
the store the goods are charged to her;
she never came to our house during the
time mentioned in the Indictment; my
father went on Il mission before | was
called before the Grand Jury; it was
about year before; Martha called at
our house while father was on a mission
have never heard my father speak OF
Martha; have not heard my mother
speak OF Martha as my fathers wife the
question OF her relation to my father has
never been mentioned; don't know that
Martha's children are related to me;
they are treated rs relatives; don't know
what kind Of relatives they are treated
as, because l never ask any questions
Mr.. lickson--Aren't these children OF
-.artha's treated by you and your sisters
Is brothers and sisters?
Witness--I think they are, but don't
know why.
Mr., D.-Isn't Martha reputed to be
Ca