The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-10-15
COURT AT PROVO.
Trial of Jacob Gates for Unlaw-
full Capitalization.
FOUND GUILTY AND FINED $50.
The Dudley Incest Case Under Full Roadway
Disgusting Detalls-M Miscellaneous .
Items


the Dudley case was called, but Mr.. Saxey
defendants attorney, stated that his client
was unfit for trial, as his nerves were un
strung and his physical condition generally
bad
Mr.. Evans opposed further postpone
ment Of the case. The witnesses had been
here two days already but were sent home
and were now here again. The accused
had brought this trouble upon himself, and
the physician said he was able to go to
trial. The case was set for l o'clock.
PLEADED GUILTY.
Thomas Broadbent withdrew his former
plea of not guilty and pleaded guilty to UNI
lawful cohabitation. He was given three
and half months, 500 fine and costs
TUB CASE DISMISSED.
Shalrach briggs was called for trial for
the same offense. 1t was discovered that
defendant had been fined $40 for similar
offense last term of court which, however,
he had not paid; but on account of his age
aSd decrepitude, and the fact that he could
not hear well, and evidently did not under
stand the moral lecture which the court
administered last term, the cause, upon
mOtioa OF Mr.. Evans, was dismissed
THE GATES CASE.
Jacob Gates was tried for unlawful co
habitaliol committed between October,
1886 and September, 1889. BY consent, the
facts were admitted to be as stated by Mr..
EvaDs-that the first wife lives in Wash
ington county and out of the jurisdiction
of this court. Defendant lives and Co
habits with his third wife here in Provo.
Mr. Evans argued that in principle this
constituted the offense.
Judge Judd remarked that in the SUI
preme court Judge Henderson gave his
opinion that where party lives with his
plural wife and they are both within the
jurisdiction of the court, that constitutes
the offense. The only difference between the
prosecution and defense is as to whether
the first wife is now living. She was liV-
ing some months ago, the defense admits.
Jacob F. Gates testted-l am son of
defendant Have not heard from the first
wife. Have heard my father speak Of her.
1t was with the last four or five months.
He said she had a paralytic stroke about a
year ago. If she had died recently think
/ would have heard of it. The general repu-
tation in the family is that she is still living.
| haven't seen the first wife for six or seven
years.
Mary w. Gates-I am a wife of Jacob
Gates. l stand as the sixth wife. Some
are dead / am his third living wife. Mr..
Gates lives with me and eats and sleeps at
my house. know the first wife. Haven't |
seen her for several years. We suppose |
Mary is alive. but haven't heard from her |
for some little time. The last time we
heard from her was by his son, who had |
been there.
Wellington Gates-I am a son of the de- |
PENDANT. Know Mary Gates the first wife. |
Saw her last March at st. George. My |
mother is the second wife. She lives here |
at Provo. Have seen my father at the |
house several times. That was at Mrs |
Shows, my sister. Father would come
there when we had family gatherings |
Didn't see any difference in the treatment |
81 my mother and Mary w. The general |
repute is that my mother is the second |
wife.
Cross has been generally |
understood that my father doesn't live |
with my mother as his wife nor cOhabit |
with her Hasn't done so for several years |
At his visits he paid no more attention to |
my mother than to any one else present. |
He visited her with the rest of US
Jacob +. Gates, recalled by defenSe-The |
reputation is that defendant and my mother !
do not live and cohabit together When he !
gees to visit his children he sees my |
mother. Il is understood that they don't |
live together. Seven years ago he separ-
ated from my mother, and has lived with |
Nary w. exclusively. He has not repudi-
ated her as his plural wife, however.
OThe lro 5ecution disco cred that there
was chance to prove conabitation with
the second wife and she was sent for.
Emily Gates-I am married. My hus-
bands name is Jacob Gates. He had an
ether wife living when l married him.
lived at Milford with my daughter till a
little while ago, when we came here. De
PENDANT sometimes calls to see his daughter
and grandchildren. He speaks to us all.
Sometimes he calls twice a week, and
sometimes twice a month or 50. He never
spends ten minutes Quite a while ago we
had an understanding that we should not
live together. That was alice we zane
to live here nnIce IN awhile I 20 and visit
1AA@..Iy w. and take my meals there. My
husband is a member of the Mormon
church. OBJECTED to by defense; over
ruled). He is one of the first presidents of
the seventies.
Cross-examined hasn't lived
with him for eight years. My home is at
Shows 1t is understood in the family that
we are not living together.
Q.-Do you know whether defendant be-
lieves it is right to live in pOlygamy! OBJ /
jected to; withdrawn. Prosecution rested.
The defense offered no testimony and the .
Judge instructed the jury in the usual form
as to the general doctrine of unlawful CO
habitation. His honor then instructed that |
if Mary Gates, the first wife, is still alive,
or was living during the time covered by |
the indictment, and defendant during that |
time was living with his plural wives or
either of them, then he would be guilty. !
The law presumes cohabltation with the |
first wife, whether she is within the juris-
diction OF this court or not The jury rem
dered a verdict of guilty and court ad-
journed for noon recess.
Mr.. Thurman made formal motion for !
a new trial. Overruled. Mr.. Gates said |
he was seventy nine years old and hadn't |
much property. He was fined $50 and costs |
and stood committed till the same was |
paid. Bond on appeal was fixed at 500.
THB DUDLEY CASE.
DAt l o'clock Dudley was brought into |
court. He carries his broken arm care
fully in sling and a black eye near his
nose. During the few minutes of waiting |
defendant sat tenderly caressing his |
broken limb and staring wofully out upon
the green lawns and shrubs in front OF the
courthouse. After some preliminary bust
ness a jury was called. Two of the first
panel called had formed an opinion and
were excused.
The following good and true men
were finally sworn to try the case:
Evans, Alfred, Alder, Thurman, Oman,
Coolidge, Christensen, Burton, Larson,
Tidwell and Smith. Mr.. Evans opened
the case to the jury and Mrs. Sim
mons testified. 1 am midwife. l know
Mary ]. Dudley. 1 waited upon her in con
fnement last spring. The child born
would weigh aboIt FIVE pounds. 1t was at
her fathers house-that is, the defendants.
The father was at home. He didn't say
much. The child was born about an hour
before l got there. l live a mile and half
I,iio kS;l,a.oIl I)oeo5,,,+ 3; 49,, 1,4to,,