Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-02-15
This Time Eliza Shaefer Concludes to
Tell 1t All.
Which Saves Her From the Pen and
Sends Up Her Polygamous
Husband.

| ~--SN. 40 WIN
affectionate leave OF his family and
friends in the hall, and was conveyed to
the penitentiary a few hours later in
charge of deputy.
s. F. Ball and James O. Poulson, the
next unlawful cohabitation cases on the
calendar, each took the witness stand in
turn, at their own request, and admitted
Without any loss of time the jury passed
in verdict of guilty, and March LIST was
named as the day for pronouncing sem
tence in both cases.
The vexed case of John w. Smell was
then called up, and the following jury i'm
paneled:
y. 4. soribner, Gideon Turnbull,
Elmir Hill, George Turnbull,
". H. Remington, W. E: Smedley,
James Berry, w. M. Ferry.
| This is the case that came into such
notoriety at former term of court, when
the alleged plural wife, Eliza Shaefer,
was committed for contempt of court in
refusing to answer some important ques-
tons. Mr.. Smell was represented by Ben
Sheeks and LIE Grand Young.
Mr.. Shaefer, the father of Eliza, testi-
fled as follows / know the defendant;
have known him for perhaps fifteen
years; know where he lives, but have
not visited him frequently. He had come
to my house and asked me for my
daughter, Eliza Shaefer, something like
thirteen years ago; he has not called on
me since; he had called on me and on
him number of times previous to this,
l Oh
consent for him to marry my daughter,
and we sent her to Pennington, thinking
to place her beyond the reach of the de-
PENDANT. She remained there some time,
can't say how long, and afterwards
came back to the city. Excused.
John w. Smell, Jr. was next called.
He testified: l am 10 years old, my
father is John w. Smell, and my mother
is his first wife; lived with my parents in
1888 it the Eighth ward my father kept
a store know Eliza Shaefer; think she
lived u quarter Of block north of our
| store in 1888; l went to that house occa-
sionally; had seen my father there occa-
sionally during that year-possibly once
| in two weeks do not remember seeing
him there at meals nor before or after
business hours father lived with mother
about half OF each week; don't know
where he took his other meals nor where
he slept when absent from our house.
MIR. Dickson here asked the witness where
his father slept and ate during 1884 when
not staying with witness mother, and the
defense objected. The witness was al
lowed to stand aside.
Eliza Shaefer was called: am nc
quainted with John w. Smell; have
known him about fifteen years; was liy-
ing in the Nineteenth ward with my folks
when first met Smell. l was about IA
years OF age when met him | was about
- years old when left my fathers house
ana moved then into home procured
by Mr.. Smell. Don't remember meeting
defendant there. Don't think anybody
else lived in my house. Mr.. Smell
had also procured another house
sometime afterwards for me, and
still later another one. Do not
know, just how long | had lived
in either Moved some time afterwards
again to house with four or five rooms.
Am not aware that anybody else lived in
this house while was there. | myself
rented the next house to which moved,
and the one also which l have recently
occupied, and have paid the rent myseit
from money received from Mr.. Smell, in
whose employ have been for some years.
This last house is in the rear OF SHELLS
store and under the same roof. paid
him rent for the rooms. Defendant used
to call on me when lived in the Groes.
beck house. Don't know how often he
came nor how long he stayed Don't
remember that he stayed all night at any
time.
Mr.. Dickson here pinned the witness
to the point as to whether she knew the
defendant had ever stayed with her all
night. The answer was persistent ~
don't remember.
Mr.. Dickson-This time when YOU went
to the Endowment House, something
over twelve years ago, that You have
spoken OF, did you not go to the Endow-
ment House at that time for the purpose
and with the intention OF going through a
marriage ceremony with the defendant
Eliza Shaefer-I decline to answer the
question.
MIR. Dickson moved to have the witness
committed for contempt and cited the ex-
tent OF the penalty presented for such
ofiense. The judge asked the attorneys
for the defense if they wished to saw any |
thing to the witness, and they requested
that the lady be allowed till o'clock TO
reconsider her answer, which the Court |
granted.
John w. Smell, Jr., was recalled: NV
iather had lived in tie house behind the |
store in 1884; ] usually went to the store |
about or O'Clock in the morning; at
THESE times, when my father was not |
stopping at our house, | usually found |
iather at the store when | went there in |
the morning, but on occasions when he |
was staying at mothers he was sometimes
not down at the store until after | got |
there. have seen my father take meals |
sometimes with Miss Shaefer; those |
meals were at different times, breakfast |
or Gunner, or supper. | have seen books |
kept at my fathers store, but don't re-.
member having noticed what salary was
allowed Miss Shaefer; ] saw nv father
in Miss Shaefer's rooms perhaps once or |
twice week. In 1884 Miss Shaefer lived |
further down toward the former store.
ana not have any particular object in Wis.
lung the house. | don't remember taking |
anything to Miss Shaefer from my father |
iiad seen my father also in this house.
Dut don't remember seeing him eat there. |
nor ever come out of her bedroom. / am |
not sure that ! saw him eat meals in the |
mousse occupied previous TO this last one. /
but think did. ''
Cross-examined-My father was alb ,
sent several months in 1888; don't know !
exactly how long. think | saw him
visit Miss Shaefer's house quite often
during 1883. Don'tremember seeing any
other parties eat with Miss Shaefer; pos
sibiy 1 have seen Il Mr.. Smith taking |
meals there once or twice.
10 Mr.. Dickson-It was George s.
smith ! saw eat at the house. lie used |
10 work at the mines, and came down
Town occasionally. Father left in the |