Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-02-09
ON TRIAL FOR U. C.
s. H. B. Smith in the Tolls for Mar.
rying Too Muchly.

The case of S. H. B. Smith, indicted
for unlawful cohabitation, was resumed
this morning At the afternoon session
yesterday the court obtained eight out OF
the necessary, twelve jurors, and issued a
special venue for thirty-two new names,
returnable this morning. This action
was taken at the suggestion of Mr.. Dick
son, who thought that as there would be
a number of cases of this character be-
fore the courts the present term, enough
jurors should be provided to run through
| the term and avoid sending out venue
for each case. A dozen or more of the
persons thus summoned were examined
this morning, most of whom expressed
their belief in polygamy and unlawful
cohabitation, and were therefore excused.
Messrs. f. II. Bemis, Geo. NJ. Scott,
were accepted, and they, together with
the eight obtained yesterday, constitute
the jury complete, as follows: George
Turnbull, Gideon Turnbull, George TAFT,
VIM. M. Ferry, Jerome Bougard, N. A.
Scribner, Fred K. Groves, James Owen,
f. III. Bemis, Geo. M. Scott, j. J. Green
Mdlu, DOllVaT hODorCS.
The jurors took their places and the
case was proceeded with.
Samuel Smith, son OF the defendant,
was the first witness called. He was
born in the Tenth ward, and had always
lived there. He was acquainted with
Miss Winters (the alleged plural wife,.
Had never heard his father call her his
wife. She had lived with the family for
about two years, but at the passage of
the Edmunds bill had moved to Smiths
farm in the Second ward. Had seen his
father there several times at work, but |
had never seen him eat there. A third |
child was born shortly after she moved |
to the farm, and he had heard his father
make the remark, fthe child has come
in time to be Legitimate. She had
since moved to the Seventeenth ward,
where also he had seen his father on
several occasions working in the garden.
Excused.
}. ID. Snarr had been acquainted with
Miss Winters all his life, but had not seen
her for about eighteen months. Excused.
Salina Winters, sister of the lady in
question, testified that she had known
Smith, the defendant, for about ten or
twelve years, and had visited her sister
at the house on the farm once or twice
year. She had seen Mr. Smith eat there.
Lawyers for the defense objected to the
evidence as being irrelevant, but the OBJ
lection was overruled.l Her sister had
our children; the last one, boy, was
oorn in 1885; had talked with Mr.. Smith
lbout this child and had been told by
lin that it was his; did not know that {
The had ever heard the child called by
he name of Smith, but had heard the
'ther children thus called. Excused.
LATER.-The remainder of the evidence
vas taken and arguments this afternoon,
md at 8 80 the jury retired for consulta-
ion. The case is undoubtedly clearly
and it was not thought the
ury would deliberate ten minutes before !.
eturning with verdict of guilty. Pros
cutting Attorney Dickson submitted the
Prosecution to the jury in an able and
owerfuI argument, after which the
udge delivered a very brief charge, and !
he jury filed out of court in charge of
Deputy Hurd a
At 3 40 the jury walked into court and v
nnounced a verdict of guilty, and the il
Judge appointed Saturday next for i'm q
osing the sentence.