The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-02-13

w ucu LuC OLotl1CL OJuII OpSuSu
yesterday morning, Harry Edwards
one of the Jurors drawn from the box
appeared, was sworn and examined
He was not a citizen of the United
States and was excused.
ONE VICTIM ESCAPES.
Francis Cundick was arraIgned on
the charge of unlawful cohabitation
and trial followed. Sarah Ann Gun
dick, Emily j. Barnes and John b.
Barnes testified, and after being out Q
short time the jury returned with a
verdict OF not guilty.
COULDN'T MAKEA CASE.
The case against George G. Perry
charged with unlawful coha bitation VII 8
dismissed. Mr.. Peters saying that he
did not believe he had evidence enough
to convict. -
AID ANOTHER ONE wANDERs AWAY.
The United States VS.. Rasmus Mel
son came next The defendant had
already served one term in the Pen.,
having been convicted of unlawful CO.
habitation. The evidence adduced was
decidedly attenuated, and the only peg
upon which to hang a suspicion that he
was guilty as charged was the fact that
he had been arrested In the same
county or precinct in which his plural
wife resided, and that before accompa-
nying the deputy he had gone into tho
house and got his hat. The last start
ling piece of evidence was communi-
Gated by Deputy Franks, who was the
last witness produced by the prosecu-
ton. After Mr.. Peters had informed
Mr.. Franks that that was all, he hest
tated a moment on the stand. The
jurors grinned. the judge smiled, and
turning to the witness he said:
You say you arrested this man, Mr..
FranksP"
FRANKs-Yes. sir.
THE JUDGE-When?
FRANKs-Last summer, some time.
THE JUDGE-Who sent you?
FRANKs-I went out on a COMPLAINT
issued from the Commissioner Office.
THE UDGE-Rave you any informa-
ton as to his mode of llfe7
FRAEKs-The complaint was issued
upon information received from some
of his neighbors. believe.
THE JUDGE-Hearsay7 That is all.
MoYLE-Have you any interest in the
prosecu ton of this case, Mr.. Franks?
FRANKS None.
Franks left the stand. the Judge
smiled again and asked: Have you
any suggestions to make, Mr.. Peters?
PETERs-I have none, your honor.
The JUDGE-Have you any motion to
make. Mr.. Movie?
MoYLE (beaminglyl-ODly this, that
think the jury should be instructed
to return verdict of not guilty.
The JUDGE-AaGe you any objec-
tions, Mr.. Peters?
PETkRs-I have nothing to say, your
Honor. l would not ask that he be held
upon such evidence.
The JUDGE instructed the jury IS sug-
gested by MIR. Moyle, and the defend
ant left the room rejoicing.
WOULDN'T LET HIM 60.
Mr.. Moyle then called the attention
of the court 10 the fact that many
NJ oons ago a wise grand jury had
found an Indictment against Alonzo E
Hyde, charging that gentleman with
unlawful cohabi5ation. The indictment
was found August Is, 1886, and in July,
1887, the defendant was arraigned ana
entered his plea of not guilty. There
were five counts in the indictment
against him aud he was held under
bonds Of 50. 500. The q endant COM
planned that such detention was I'M
Just and asked that he be given speedy
trial or that the indictment be dis
missed.
Mr.. Peters thought Mr.. Moyle knew
why trial mad not been had. 1t was
because the defendants second wife
WIS in hiding and had been kept there
bv she cefendant.
JupaE SAEDFoRD-Have @ou an afh
daviL to that effectP
PETERs-No, but we..havs good reason
- believe that such is the fact.
JUDGE SANDFoRD-How long do you
propose to keep out this Indictment.
PETKRs-Until the defendant shall
show up his second wife.
The Judge thought there should be
some good cause shown. Mr.. Peters
was hidden away by the defendant.
Tnere was that to be overcome by the
d feudant's counsel.
Mr.. Sheeks did not think the defend
ant was called upon to answer suspi-
MT expected to furnish evidence for
HIM.
JUDGE SAHDFoRD-An affidavit here
would overcome the averment of Mr.
Z, rers.
sKEEKs-lt is POOR rule that
don't work both ways.
The application was denied, aud it
now looks as though, if Mr.. Hyde de.
sires release, he will be compelled to
mako affidavit to the effect that he had
no plural wife, and has, therefore.
never kept her in hiding.
prrnRE rHn EYAMINER