The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-23
THE LAW IN PROVO.
A Rather Hard and Indecent Case
of Adultery,
EVEN If 1T Is NOTHING WORSE.
The Cases Against Palmer, Revoir Curtis and
Others-Blackburn Initiates Zane in
His First Case.

OE SATURDAY ate rn0On II. j. MOrJenSen was
brought from Spanish Fork and lodged in the
county jail, charged with rape He will have a
hearing before the commissioner this afternoon
at O'Clock. 1t is now learned that the charge
has been modified to adultery. Mr. Mortensen
has been in business in Spanish Fork for about
five years and has borne the reputation of being
an honest rustling business man. A few weeks
ago his wife was stricken down with malarial
fever and died last Tuesday. The crime is
charged to have been committed with the hired
girl just a few days before the death of Mrs
Mortensen andin the same room where she was
lying on her death bed. Mortensen has made q
confession as to the fact of the Illicit inter
course but claims it was mutual between him
and the girl and that there is no element of rape
about it.
AS per announcement Commissioner Hills,
yesterday afternoon, heard the case Of H. J.
MortenSen charged with adultery. Mr.. Greer
prosecuted and Mr.. Saxey defended.
Christina Christensen testitied-My home is
at Spanish Fork. l live with my mother [
know H. j. Mortensen. L lived at his house week
before last. HIS wife was very sick, and stayed
there up to last Wednesday evening. l knew
Mortensen was married man. Have heard him
speak TO his wife as such. She died last Tues
day. l slept in the sick room on the floor at the
loot of Mrs. MortensGn's bed. Mortensen slept
on the lounge across the room. On Tuesday,
week ago, Mortensen came to my bed and asked
me 10 marry him as his second wife. II would
he told me he would give me store in Provo,
Springville or PaySon and set me up in business.
Said he had always liked me and wanted me for
his second wife. He then inSulted me-, but re-
fused him and he went away On Saturday
night, about IL or II o'clock the first thing
knew he put his hand over my mouth and pulled
the bed clothes down and got into bed with
me. resisted all could but it was no use. He
oyercame me. first told it to John Larsen,
Mrs. Mortensen's brother, on the Monday morn
ing following. He found me crying by the side
of the house and after asking me some ques-
lions he guessed what had happened. l after
wards told it TO my uncle James Hansen. 1
went on Friday last 10 Justice Robertson at
Spanish Fork and made complaint against
Mortensen forrape.
roSseXaDined-I am twenty one years old;
weight 1856 pounds; have not been very well for
some time. am pretty strong. Couldn't get
his hand off my mouth, nor scream, nor make
any noise. stayed there the remainder of the
night and for several days and nights afterward.
didn't leave till after his wife died. felt very
badly about it. 1t was only once that he had
improper relations with me. l don't know
whether Mrs. Mortensen was awake or not. She
had been unconscious part of the time, but l
don't know whether she was then or not.
John w. Robertson am justice of the peace
at Spanish Fork Defendant was brought be-
fore me last Friday charged with rape, and when
l asked him to plead to the complaint he an
swered that he not guilty of the crime
charged, but had committed adultery. Before
, he pleaded informed him of his right to obtain
counsel but he went on to confess and said that
the improper relations were with the consent of
the girl; that he had slept with her TWO different
nights, IndI ne gave ner "a handkerchief ana
D pair Of corsets in remuneration. Several
other persons were in the court room during the
confession
William Greer heard the confession, which
was substantially as related by Mr.. Robertson.
The defense had no eviderc3 to Offer and the
defendant was held in the sum OF 81 $50 to await
the action of the grand jury.
In the district court the time was occupied
yesterday evening and this forenoon in the case
Of the people, etc, VS.. Luther C.. Palmer,
charged with taking stealing, driving and carry
ing away three calves, the property of A. c.
TOlstrof. The prosecution attempted to prove
by Circumstantial evidence that Palmer, on or
ABOUT the 18th of November, 1888, went from his
house in Willow Bend TO Gunnison with a GOV
cred wagon, and on his return loaded the said
calves into his wagon, took them home and ap-
propriated them to his own use. The defendant
claims that 1t is case OF mistaken identity Of
calves, as he bought the infantile bovineS
which were seen at his place from party at
Richtield. There is a strong conflict of testi-
mony and 1t looks as though there might be an
other hung jury. The case was tried lsst term
Of court, but the twelve good and true men
couldn't agree, so the agony is gone over now.
The case was given to the jury at pm.
Justice w h. Brown handled an aggraVate d
case yesterday afternoon aga nSt a resident
italian named Peter RevOir, for attempting TO
t0mahawk his wife. During family jar the
brutal husband threw a Ratchet at her, which
took effect in her head, rendering her uncon-
sciouS for some time This fact being proven.
the justice entered a fine against defendant of
$50 and &C SITS, failing to pay which he will Ian
gIish in prison day for every dollar thereof.
Kelsey Bird was the first person TO receive
sentence at the hands of Judge Blackburn.
When the judge asked defendant If he had any
!, thing to say why sentence should not be pro-
~nOunced, he answered that he had not. Defend
ant was fifty-two years old; mad no property
except twenty acres ofland. He was sentenced
to six months Imprisonment and $500 fine and
costs.
Charles c. Curtis said he was not guilty of the
line OF which he was convicted yesterday,
he was given three years and costs, and James
hunnell Jared similarly
The other case against defendants was con
tmued for the term and set for February 10.
Mr.. Evans made Il formal motion for the court
&c set day for passing sentence upon Pardon
Dodds, which was overruled, on the ground that
Judge Judd had already passed upon that This
completes the record here, for the matt er is TO
be carried up.
CURTIS AND RUNNELL.
Charles c. Curtis and James Runnell, who
were arrested some time since on the charge of
holding up the Rio Grande Western train have
been proven guilty OF grand larceny-the steal
lrC Of some cattle.
Provo, Oct. -.