The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-09-28
A Long List of Cases Before
Judge Judd.
THE ABRAHAM O. sMOOT CASE.
The Jury Fails to Agree and Are
Sent Back for Further De-
liberation.

unlawful cohabitation; plea of no
guilty withdrawn; plea of guilty en-
tered. Science, September 29tn.
United States VS.. Henry Saunders
arraigned On charge of unlawful CO.
habitation; September 2Sth to plead.
United States VS.. Oluf Larsen, adul
terry; to plead September % h.
United States VS.. John Walton ar
raigned; to plead September Goth /;
fornication.
United States VS.. Emma Watts forni-
cation; plead not guilty with leave to
withdraw.
United States VS.. Joseph Clark; CO
habitation; trial-verdict guilty.
United States VS.. Eliza Walton;
fornication; plead guilty; sentence
suspended during good behavior.
United States VS.. Jacob Schaner; CO.
habitation; trial-verdict not guilty.
United States VS.. James Butler; with
drew plea of not guilty. plead guilty.
United States VS.. James P. Hansen;
unlawful cohabitation; ordered to plead
September 9th.
United States VS.. Mons Nielsen; I'M
lawful cohabitation; plead guilty.
United States VS.. Adeli Kim ball /;
plea, not guilty.
John Q. Packard VS.. Bullion-Beck &
Champion Mining Company ct al; Or
dered to be dismissed.
Bullion Beck Mining Company VS..
John Q. Packard; ordered dismissed.
United States VS.. Emma Watts; for
nication; judgment SUSPENDED.
United states VS.. James Butler; SEN
tence, five months in Penitentiary.
United States VS.. Mons Nelson; SEN
fenced to four months Imprisonment,
5000 and costs.
United States VS.. Randolph II. Stew
art; CONSULTATION; given TO September
28th to plead.
THURSDAYS PROCEEDINGS.
The first case on the calendar for
Thursday morning was that of the
United States VS. Abraham 0. Smoot.
After careful questioning and q
number Of challenges on the part of
the defense, the jury were sworn.
Diana Smoot was called by the pros.
ecution-Was married TO defendant in
May. 1855; he had another wife at The
time; have lived with him ever since;
first wife is not living; 1 have not
been married to him since her death;
defendant lives at my house now;
Annie K. Smoot lives on the same lot
with myself and is supported by de-
PENDANT; her house is about three rods
from mine; her children bear his name;
have seen him at her house; be went
to see the boys to direct work
and in cases of sickness; was
there at Mays wedding reception; we
all three went to Salt Lake together to
President Taylor's funeral; Annie K
stayed there; Annie K haa sometimes
occupied reserved seats at the theater
with US; did not 60 with US; he provides
for her and looks after her interests as
a neighbor.
To Thurman - Defendant married
Annie K. in 1856; since seven or eight
years ago he has not slept or eaten at
Annie's; has lived with me since Mar
garet's death; it is reputed and known
that he does not live with Annie K;
tickets for the theater are sent to Annie
and she or any one else may go; An
MES youngest child is in her seven
tenth year; defendant is 70 years old, l
am 81 aud Annie K. is So
Mr.. Hiles was called by the prosecu-
tion-Was living at Daniels house last
October and saw defendant come out of
AuuIo ". IOhOOt uOuS0 dG y y ClOCk III
the morning.
To Thurman-It was the house di-
rectly opposite Daniels house.
To Evans 1t was brick house.
Miss Ida Smoot-Am a daughter of
always lived with mother; have seen
father at mothers only on business;
would speak to mother; am acquainted
with Diana; visit her; so does mother;
was at Nays wedding; think father
has not taken q meal at our house
since; have not seen them start off on
q visit together.
Saxey-Heard defendant preach at
Spanish Fork about duty of husbands
toward wives. (The court was under
the impression that the practice of
holding preachers to their statements
was novel in court to say the least.
Defendant eXhorted Saints to be true to
their obligations. 1Court ruled the cyl
dence incompetent.)
Prosecution rested.
Denfense called Owen Smoot-Am
son of defendant; am acquainted with
house of Annie K. which is an adobe
house; mothers house is brick and
opposite from Daniels.
10 Peters-The wall under the porch |
in Annie KS. house is perfectly white;
this house is five or six rods west of |
Daniels gate.
Dan Jones called by prosecution
Was acquainted with Mr.. Shoots |
house, and thought Annie KS. front |
door is about west from Daniels gate.
Mr.. Evans addressed the jury for the
George Sutherland for the !
de- ense.
TIE Court charged the jury that the
defendant had a right to live with
Diana; he also had right to support
Annie K, indeed, it was his duty TO
support her, but there the relationship
should cease, Now, as to the fact of
OF Annie K. and Haunting
her before the world as his wife. You
are the sole judges of the testimony,
and of the credibility of the witnesses.
The jury retired and at the end of two
hours were called into court, but they
could not agree. They were then sent |