The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-04-17

To Mr.. YoUNG-Do noJknow what he
said to the boys when he came in.
ANN DoTY-KnoW the defend ant
live about mile from him; his first
wife is my sister; the second wife still
BEARS THE NAME OF JENKINS,
and the children also; saw the defend
ant st her house last fall: he came in at
the back door and out at the front,
where her and me was ralkin' ;;::he did
not speak to her.
JOHN @. DoTY-The defendant is my
father-in-law; know Ellen jenkins; she
lives about a stones throw from the
first wife; both houses are IN the same
enclosure; there is fence between the
two houses now. but there was none in
1887; Ellen is reputed in the family to
be the second wife of the defendant;
saw jenkins at Ellen's house couple.of
times during last year-on Christmas
Eve he was there; he was sitting by the
stove warming himself; that was
about or 4 80; saw him go
in the house a couple of times during
1887.
To Mr.. YoUNG-Have known the de-
PENDANT for over four years: l do not
know what he visited the house for on
Christmas Eve; went to the house to
see tbs boys; 1 was not acting in
THE CAPACITY OF SPY;
never had anything against Mr.. Jen-
kins, that L know Of; we have always
been good friends, more or less-some-
times great deal less.
DEPUTY MARSHAL FRANKS was called.
He testified-I am acquainted with the
defendant; saw him on the 9th of De-
Der last at his second wifes house;
when he saw me approaching, he ran
down the hill; [ had no warrant for
him, but served subpoena on his SEQ
ond wife; the defendant afterwards ad-
m,tted to me that he saw me on Deem
Der 24th and ran away.
BOWMAN CANNON was the next wit
ness; corroborated the testimony of MIR.
Franks.
Mr.. Franks was recalled and stated
that he arrested the defendant in the
yard in front of the second wife's house.
The prosecution rested here.
ELLEN NJ. JENKINS was the first wit
for the defense. She testified was
married to Mr.. Jenkins in 1867; ne
went to the Pen. about two years ago.
and since that time has never taken
nae al at my house, nor called there. nor
in any way recognized me as his wife.
To MR PETERS NV youngest child
will be 1 years old next October; the
defendantand myself separated in 1885;
do not remember seeing either Mr..
Jenkins or John Doty at my house last
Chris tmas Eve.
p,TDVr n hrnfbor Of ho do
PENDANT, was the next witness. He tes-
tifed-I live short distance from the
defendants house; have not seen him
at the second Wife's house during the
past year.
This was all the evidence offered, and
after being argued it went to the jury
on the Courts charge at 3.45. Forty
minutes later they re-entered the room,
and handed in verdict Of guilty as
charged in the indictment.
Mr.. PETERs-Your Honor. | now
move for Judgment.
The JUDGE-What say you, Mr..
MoyIe2
Mr.. MoYLE-Well, we would like to
have as much time as possible, as the
defendant is anxious to secure his
crops, so that his family may be pro-
vided for.
The JUDGE-Well, let sentence be
pronounced on Saturday next, at 10
am.
W. a. ToVEI,
also arraigned on the same charge for
the second time, answered to his name
and took seat near his counsel. An
effort was made to obtain jury, but
the panel being exhausted, an open
vsnire was ordered issued for two
more names. These being brought
in, jury was secured, soon after
which. court adjourned until this
morning at 10.
OTHBR BUSINESS.
Hayhoe vs.. Hayhoe. dismissed.
G. a. Luke VS.. Harriet A. Lewis;
leave to file amended complaint.
w. H. Bess ys. the Deseret National
Bank; dismissed on molten of the
plaintiff.