The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-11
DUDLEY'S BAD BREAK
He Jumped From the Train and
is Badly Injured.
PARDON DODDS GOOD LUCK.
He Goes Free Under Suspended Sentence
Other Cases Before Judge Judd at
Provo Yesterday.

OnlIeO oIdJSS VS.. ii. ". OOfenSOn, charged
with unlawful cohabitation, on trial VIII ell
the mail left, the jury said not guilty.
James Coup was admitted to citizenship
Thomas Broadbent was acquitted of the
charge of adultery.
A decree Of dissolution of partnership Of
the coniugal relation heretofore existing
between Mcintosh and Mcintosh was made
at the instance of the henpecked husband
Thomas Broadbent stood before the clerl
and listened to an indictment charging hin
with the crime of unlawful cohabitation
and will plead tomorrow morning.
Joseph T. Ellis was called to be prose
cuted by the United States for adultery. A
jury was impaneled and, after hearing the
case, rendered verdict of not guilty.
Jestus Dudley, charged with incest com
mitted with his daughter, was to be tried
to-day and was brought down from the pen
itenhary for that purpose, being accom-
panied by Deputy Mount Just before
reaching Provo however, and when the
train had slowed Up after crossing the
river bridge he jumped the train and es-
capped. District Attorney Var1an, who was
on the same train, says he was standing on
the rear platform of the coach at the time,
and saw man near the track in apparent
distress. He was attempting to get through
the wire fence which lines the road, but
was caught between the wires for an in
slant when with desperate lunge he
pus1ed his way through and ran toward
the willows Mr. Varian didn't know that
ii was Dudley at the time, butssuspecting
something of the kind he gave the alarm
and Mount dismounted and pursued his
victim. Four officers from here joined the
hue and cry at once. Later. Dudley was
captured. He had broken arm and a
badly bunged eye.
William McKeller was arraigned To-
adultery and pleaded guilty and Will be
sentenced soon.
Mr.. Varian entered motion that PART Ton
Dodds be now sentenced for manslaughter.
He came forward and calmly stood while
one of his attorneys, George Sutherland,
read several petitions asking that If con
sistent with law and the dignity of the
court sentence be suspended. The peti-
tions were numerously signed by residents
aad officials of Uintah and Wasatch cOun-
ties; also others from Salt Lake city. The
iury who convicted Mr.. DOdds unanimously
signed a petition asking for leniency.
Mr. Varian opposed the proposition on
the ground, first that the law of the Ter
ritory would not permit it; and second that
il was RELOCATING legal questions to
elaborated largely upon his propcs +.
tons, reading from the statute of
the territory and other legal works.
He claimed that the law threw every guard
around defendants and that if any irregu-
larity had occurred a motion for new trial
or an arrest of judgment should be made,
but if this was not done the court should
pronounce judgment. He contested that
such course was not provided for by our
laws and he considered it a usurpatiOn. 1t
was time to cry a halt III this practice. He
wished entered of record his protest against
suspension of sentence.
George Sutherland said the power had
been exercised in this territory and had not
been ruled upon by the supreme court, and
he thought the court would be justified in
suspending judgment.
His honor said the practice where
he came from was the exer-
else of this power. He had
never heard it questioned till now,
except in one case. When he came to the
territory he found that as a matter of
course in certain cases if defendant would
promise to obey the law in the future his
past sins would be forgiven. This TO his
honor was an anonoly, but he didn't c ire
10 run counter to it. Still when petitions
came in from the public they were assum-
ing the functions OF the court, The YER
dict of the jury was correct one. One
feature Of the case had bothered him some.
The defendant when youth had made a
ROOF scld'e, ana bis honor didn't
feel like disgraclng the laE.g OF
defendant or the defendant him! himself
and would take the responsibility OF
suspending judgment. He then told the
defendant to 20 home He suspended sen
tence indefinitely during good behavior.
Mr.. Varian said he would prepare bill
of exceptions and carry the case to the
supreme court.
George Curtis came forward for sentence
To- o. "
six years old and had married his second
wife in 1857. He understood the law pretty
well. He was sentenced TO sixty days.
Thomas Cooper, convicted yesterday OF
libel stood for sentence. Mr.. Thurman
interceded in his behalf. The court said
there were some very ugly features about
the case. When defendant was appealed
TO by the accused girl he simply repeated
the SANDER and published it. This deserves
punishment. He was sentenced to pay
fine of $3.50 and costs and be committed to
the custody of the United States marshal
till the fine be paid.
Daniel Stark, when called for sentence,
said he had concluded to obey the law pro
vided he could have the privilege of sup
porting his families. His honor remarked:
'sYou have concluded that the United
States is on tOpl' lit is about that way, .
said Mr.. Stark. "YOu may go home" the
court said.
James Anderson, of Spanish Fork, had
married his second wife thirteen years ago.
He was sentenced to seventy-fve days and
$50 and costs.
Joseph L. Jolley had married his plural
wife in 1882 and was forty-four years old
and was given one hundred days $50 and
costs.
]. b. Martin had married his plural wife
thirty-two years ago. Hadn't lived po-
UNANIMOUSLY with his wife for one and one
half years "The government could well
afford to be lenient with you but it is the
example you set to others, so l must pun
ish you" He was given fifty days with
out costs.
Joseph S. Black, fifty three years old,
married his wife in 1850. Seventy five
days and costs.
James Miller, ST., a man of snowy locks,
came forward for sentence, and said he
would obey the law in the future and
would give the government no more trouble.
''You may go home now," his honor re-
marked.
Itnext came the turn of Henry Mower
to be sentenced for unlawful Capitalization.
His honor said to defendant: Eyes, l have
got several friendly letters from you" De
PENDANT was mail contractor and had
tried to magnify his Office. Was 81 years
old. Had received a stroke some years ago
and is now cripple. He was given forty
five days.
John f. Beck, forty-five years old, mar
ried his plural wife four years ago and
knew it was against the law. Five
months, $500 and costs.
Josiah +. Gibbs came to the court with
the express promise of obeying the law.
Had not lived with his first wife for six
wears He was now suing for a divorce