The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-16
CROWTHERBGUILTY.
He Fails to Prove that His Wife
Was FaithlesS.
THE MEXICAN'S BAD RECORD.
John Thompson and Mrs. Egbert Charged
With Adultery, are Discharged-Po-
lice and Probate Matters.

The trial of Edwin D. Crowther on the charge
of adultery was resumed in the Third district
court yesterday. The question as to whether
Mrs. Ellen Crowther, the defendants legal wife,
could testify in his behalf, which was submitted
on Monday afternoon, was after further brief
discussion by the attorneys, decided by Judge
Zane, who held that the territorial rule of evil
dence did not apply in this case, and that under
the United States laws the legal wife could not
testify in her husbands behalf in a case of
adultery.
EDWIN CRowTHER, JR.,
q son of the defendant, was then called. He
testified that in the spring of 1888 his father
was working at Coalville. Witness worked
with him during April of that year.
To Mr.. Varian-We worked every day except
Sunday. Father was away from Coalville
several times during the spring.
ASA WILSON.
was acquainted with the defendant when he
worked at Coalville. He worked for tie Equit-
able Coop at that place in April and May, 1883.
He could have left there for week without
my having known 1t.
MR. CRrrTENDEN.
1 was acquainted with the defendant at Coal
vile in March and April, 1888. Ee was working
for the Equitable Co op. during that haiti time: l
the month of May, 1855. am member OF the
Mormon church.
SARAH coRLEss.
Ireside in the Fourth ward of this city. am a
niece OF the defendant and am acquainted with
Helen G. Heheran and her daughter. was al
their house on one occasion when MIR. Kane was
there and heard Mrs. Hefferan call him papa.
attended the theatre with Ella Crowther and
her father in March, 1883.
To Mr. Variant have not visited their house
for four months. did not think there was any
thing out of the way when 1 saw Mr.. Kane al
their house.
GEORGE CRowTHER
is another son of the defendant. He testified
that his father was at Coalville during the
spring of 1888, but believed he came down Il
Salt Lake once in April of that year.
MRS. ELIZA CoRLESs
lam a sister of the defendant. I met Mr.
Kane at Ellen @. Hefferan'S house in March
1855. He seemed to be very familiar with The
family. 1 am "a member OF the Mormon church
Mr. Corless testified that he was at Ellen @
Hefferan's house on one occasion when sh'
called Mr.. Kane papa. He also heard three o
her children call HIM papa.
MISS ELLA CRowTRER
was recalled by the prosecution and testife
that the man Kane referred 10, was merely
casual visitor at her mothers house. He neve
used the word mamma" in addressing he
mother.
ELLEN c. HEFFERAN
was recalled and testified that there never wa
anything improper between herself and Nj
Kane.
This closed the evidence, and Mr.. Varia
made
THE OPENING ARGUMENT
for the prosecution He said that the defens
in this case was that Crowther was not th
father of his plural wifes youngest child. Thu
defense could not stand. The plural wife can
into court with twenty years OF loving servo
behind her. and when the evidence was CO..
sidered, he thought this defense was the mo:
infamous and contemplate ever set up in
court of Justice The defendant was endeavorin
to cast reflections upon thecharacter OF his plur
wife in order to escape punishment for his &C
II was a defense which attacked the very cit
del of her honor, and if the jury should bring
q VERDICT of not guilty it would brand tn;
woman forever as "a loose woman.
Mr. Hamilton made the argument Tor the d
Tense ard made an able address
The court very briefly charged the Jury, al
they retired At about o'clock and after pen
out less than haf an hour Iney brougnI III
verdict OF guilty.
Mr.. Tarian asked that sentence be set for /
day, but Mr.. Hamilton opposed It, stating Tn
Cruwther had some business whlch ne WISH
TO transact before going to the penltenuary-
Judge Zane announced that sentence wou
be passed Saturday at 10 a. m
AN ALLEGED RAPE CASE.
In the afternoon the case of Charles Silver,
Mexican of Spanish descent, charged with raj
was called up and the trial was proceeded w
with closed doors, q. ,. Kinney appearing
the defendant and C. ;. Varian prosecuting.
The Indictment alleged that the offense W
committed upon Elizabeth Hatley on Mar
18th last Mrs. Hatley the mother OF the q
testified that she lived in shanty In the rear
wears old and had been subject TO epileptic +
since she was twelve years old. In March Il
the defends ant rented portion of the shan
from her and on the date named in the lndl
1ncnt called the girl into his room and co
mifted the offeEse.
Elizabeth Batley was called, but the OF
answer she would make to the questions ash
her by Mr. Varian was No. SIR. Her mann
showed her to little more than an IDIOT
Commissioner Norrell testified that
defendant was brought before him some u
on
guilty, but Mr.. Mckay thought that owing
the girls mental condition, he was guilty
,rhe defendant was called and admitted hav
been improperly intimate with the girl
many occasions, but denied every having Us
Judge Zane charged the jury that under
Indictment the defendant might be found gul
of assault and battery as well AS rape.
The Jury remained out for some time
finally brought in a verdict Of guilty OF ASA
The defendant stated that he would wa
time and asked to he sentenced at once.
Judge Zane said the circumstances surrou
inr the case were very aggravated; the
PENDANT was fortunate in not being convictet
rape He then sentenced him TO three mon
GETS OFF EASY.
Charles Fluke who previously pleaded
guilty to an indictment charging him with r;
stated that he wished to withdraw his pie
.aot guilty and enter plea OF guilty., anG as
that sentence be passed.
Mr. Varian said the defendant had alre
Neen confined In the peultehbldiy enree lAOl
md suggested that punishment be as hgh
,ossible.
Judge Zane said that in view of the Giro
tances he would be sentenced to five Gays
prisonment.
JUDGMENT FOR THE PLAINTIFF.
In the case of j. M. Harvey VS.. Will1a1
Hammond. in which the Defendant sued Y
cover $50 on a pronissory note, Judgment
given for the defendant.
OTHER BUSINESS.
Thomas r. Higgins vs. Salt Lake city;
unurrer sustained .,,,
William Middlemiss VS.. r. NJ. Middlen
w. b. Fruncomb appointed GUARDIAN al
for minors. :. ,,-,...
Van r. Brooks ct al. vs. john M White
al; dismissed .,o
Adjourned until this morning at H.