Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-10-02

the defendant was asked whether or not
he intended to obey the law in the future,
and he said that he did. Excused.
The defense here admitted that the
18th OF April, 1885, was the date OF the
occurrence.
MRS. ALICIA ARNOLD
Was then called. am the wife Of the
defendant; since the LIST Of May, 1885,
the defendant has lived with me he was
absent in February last, in March and in
August; think he was absent from the
Territory on those occasions; he was not
absent last January; with the exception
OF the occasions when he was absent
from the city, he always lived at my
house he always ate his meals there
with the exception OF two or three Sun
days; he spent his nights there with one
exception he was in Ogden last year he
stayed there about week at time.
To prosecution: was not in Ogden
with him all the time; all | know about
it is what he told me. Excused.
Here the defense rested their case.
MIR. DECISIONS ARGUMENT.
Mr.. Dickson began the argument by
reviewing the matter contained in the
Indictment. lie called the attention Of
the jury to the fact that it was not neces-
sary to show that he had ever spent the
night there, and to the testimony which
shows that while he was living with the
first wife he was visiting his second wife
nearly every day while he was in town.
He said that he did not believe, from the
testimony which had been given, that
Mr.. Arnold had kept the promise he had
made, in good faith for over twenty-four
hours. He referred to the peculiar man
ner in which the defendant had regis
tered on the occasions of his visits to
Ogden, and said he thought it was proof
that the defendant felt that he was not
keeping his promise, and that he was
breaking the laws OF his country.
MIR. RAwLGNs' ARGUMENT.
Mr.. Rawlins then read number of
instructions which he asked to have
given to the jury, and made an able argu-
ment upon their merits.
He then began an argument upon the
merits of the case before the jury; he
referred to the fact that upon the occasion
of the 18th of January, when Arnold had
visited the house, it was for the purpose
of taking the sick child out for a ride as
the physician had advised, and appealed
to their feelings upon this point. He
claimed that his client had tried to obey
the law, but that his judgment had mis-
led him, and that he had visited too
often. He said that if the jury were to
convict man who had taken such a step
as Arnold had, they would stay all the
progress that had been made toward the
breaking up of the great evil. He closed
by saying: "There is no case here, and
it is my honest belief that by saying this
man is not guilty you will conform to
your oaths before God, and advance the
| administration of justice in the land"
During Mr. Rawlins' speech, the de-
| PENDANT was much affected and was APP
parently deeply touched, but whether by
a consciousness OF guilt or a sense OF the
injustice of the charge, it would not be
safe to guess.
AT this point the court adjourned until
p. m.
AFTERNOON SESSION.
AT the opening of the afternoon session
OF court Mr. Richards concluded the
arguments for the defense, and he was
followed by Mr.. Dickson in the closing
argument for the prosecution.
The Judge then charged the jury. His
Honor began by saying that the indict-
ment contained three counts, and re-
minded the jury of the different periods
included in the indictment. He said that
before deciding that he was guilty on any
one count they should be satisfied that
he cohabited with the two women named
during the period included in the count.
He explained that there was no
controversy as to the fact of the defend
ants having lived with the first wife,
Alicia Arnold, and told the jurors that ii
they believed beyond reasonable doubt
that the defendant had wife named
Alicia Arnold, and that while he was
married to her he visited and associated
with the other woman as his wife, then
they should return verdict OF guilty.
He said that the defendant might support
his children and his polygamous wife,
and then closed his charge in the usual