The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-03-06

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advised him to take the
was tying him up in front of the
conversation related took place. When
l pulled my gun, I did it to defend
myself and my father; cannot explain
how it was Discharged; was not
around town making tn eats against
/ Paxton during the morning.
MARY DoNELsoN
was called, and testified that she vas
the widow OF the late James Donelson,
ST., and the mother of the defendant;
resided at Tooele, and was in Stockton
on September 5; saw my husband in
the back room of Narmoyle's saloon; be
said, Blame no one for this; did il
myself" he did not describe how the
accident happened, and knew that he
was going to die when he made the
statement.
NIB. FRANK
was recalled, and testified that on the
day of the accident, the defendant was
drinking. but was not intoxicated.
This closed the evidence, and Mr..
VanCott said that after the accident
occurred, Messrs. Reynolds and hoe
bridge went into the saloon, and told
Mr.. Donelson that he ought to make a
dying declaration. Mr.. Shoebridge
then wrote out g statement of the case,
as he understood it, and read it to
Donelson, asking him if he would
sign it. He said that he would, and
SWorn that the statement was correct.
Mr.. VsnCott said that with this ex-
PLANTATION, he was willing to have the
document go to the jury.
The prosecution agreed, and the
staten eat was admitted as evidence.
The document simply sets forth taat
Mr.. DCnelson was shot by pistol III
the hands of the defendant, and that
the sho oting was purely accidental.
Mr.. CLARK made the opening argu-
ment, aud ated they did not claim
a. y hing except in voluntary man
slaughter, through the careless and neg
ligent use of pistol by the defendant.
Mr.. VANCoTT replied for the defense,
and
Mr.. PErzRs closed for the prosecu-
ton. The arguments were very brief.
The jury, after being out for short
time, returned verdict of not guilty.
TIE case against George Carney,
charged with forging the name of Mr..
Springer to a certificate OF mining
stork, acc1 disposing of the same u y
p. Arnold on May LIST, 1887. was then
taken up. A jury was impansled and
sworn, and the prosecution made
statement of the case. The Court then
adjourned until 10 O'Clock this morn
ing, when the trial will be continued.
OTHER BUSINESS.
CHARLES H. BAssETT, who some time
ago pleaded guilty to an indictmen:
charging him with unlawful cohabita
ton, appeared for sentence, and being
asked by the Court if he had anythins
to say, the following colloquy tool
place.
Mr.. BAssETT-If your honor please
would ike to make brief statement be
fore receiving sentence. / may first re-
| mark that III Il lifetime of 60 years
have never before appeared in court a.
defendant in any suit. either civil OF
criminal, and l am confident it will be
the last. Although l am Technically
guilty of the offence with which l am
charged, l have not wiltully or stub
| bornly transgressed the laws OF my
country. When the Edmunds law wa,
passe l had no legal wife, my first wife
having died several years before. leav-
ing me with two plural wives, one Of
| whom [ married thirty-five years age
to- day, and the other about seventeen
years ago, and [ found it a difficult anC
embarrassing task TO arrange my family
affairs so as to conform to the
requirements of the law, with
out inficting great hardship on
some of the parties concerned
and several months passed before any
| satisfactory arrangement could be
made. But in November, 1885, one OF
the ladies became my legal wife, and
since that time l have lived with her
only, not once having visited the other
| wife or her residence.
make this statement of facts with
| the hope that your honor may note
some extenuating features or coEdi-
lions in my case that may entitle me 10
the leuiency of the court. | may add
that have given the officers no trouble,
or sought to evade arrest. but every
working day of the year [ have been
continually within almost a stone s
throw of this courtroom.
Again expressing the hope that your
honor will be lenient with me, l am
ready for sentence.
CoURT-Do you intend to live with
your legal wife in the future?
Mr.. BAssETT-Yes, sir.
CoURT-And within the law?
Mr.. BAssETT-I intend to live with
nv legal wife.
The Court then sentenced him to pay
a fine or $50 and costs.
In the case OF Neal Mulloy, convicted
III murder in the second degree, the or
der for sentence was vacated, en- mo-
ton of defendant, and sentence set for
10 O'clock this morning.
John Fl. Bailey VS.. The Southern
Pacific Company, L. B. Adams allowed
to file complaint in Intervention.
The People vs. John Casey, assault,
defendant pleaded guilty, and was
fined $25 anu costs.
Penelope Bredemeyer VS.. William
Bredemeyer. demurrer withdrawn,
and case setfor March 18th.
In the case of Charles Nelson, the
defendant was discharged.
Augustus N. Eddy ct al. VS.. E. A.
Ireland, motion for new trial over
ruled.
First District Court at Provo.