The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-18
he GETS One YEAR.
Burglar Wilkinson is Cinched.
But the Others Go Free.
MACK, THE SrABBER, CONVICTED.
He is Fined 500 and Costs-Williams Will
Serve Year For Assault-The
Kellow Case on Trial.

The trial of Upton, Collins and Wilkinson for
ourglarizing Dudler's saloon in Park city, was
resumed in the Third district court yesterday
morning when the defense commenced. Charles
WILKINSON was called and testified that on the
niehI OF the burglary, James, who was en-
pioyeo at the saloon, came to him and told him
lhat ne owned half the money in the safe and
mat II he would take what was in the safe he
could have half of it. The witness did steal the
money, but the other defendants, Upton and
Collins, had nothing TO do with the robbery.
Upton and Collins were called, and testified
burglary
This closed the evidence. and the jury after
pelhg out q ShoTt time returned with verdict
% guilty as 10 Wilkinson and not guilty as 20
Upton ana Collins.
Wilkinson asked to be sentenced at once and
IN answer TO questions put by the court stated
That he was tWenty-three years old and came TO
Utah from Virginia City. Nevada, where his pa
rents resided. This was the first time he had
ever been convicted of any cfiense.
Judge Zane then sentenced him to a years
imprisonment IN the penitentiary.
sTABBER MACK GETS OFF EASY.
The case Of John Mack. indicted for assault
ing Timothy ID. Sullivan with deadly weapon
on February 27tn. last, was then called Mr.
fdrldh was unable TO find the SubpoenaS and
nlade lzick against the way in which the dep
LILY marshalS transacted their business. The
papers Nere 1lnally found, and jury was called
ana sworn. Colonel Ferguson appeared for the
oelendant and Mr.. Narian conducted the prose-
The evidence for the prosecution was to the
enect that on the date named in the Indictment
lne Ceienoant met MIR. Sullivan on Main street
..-i'l Nel1aLlotQ some money which he claimed
Was OWING 10 aim. The men had some dispute
over the matter, and upon reaching the Walker
mouse, the defendant struck Sullivan twice. and
then drawing q pocket knife, stabbed him in
Inc back, nillctng u rather severe wound
Ohe OF The witnesses for the prosecution testi-
NEG that alter the affair, he saw a knife III the
uelenoantS hand, but The weapon was not
found upon him after his arrest.
Inc defendant went on the stand and admit
tea having struck Sullivan, as testified to, but
denied having used any knife and testified posi-
lively tnat he had no knife on his person al the
time.
a number of Witnesses who had known the
defendant at various mining camps testified
that his reputation for peace and quiet was
good.
AT the close of the evidence, Mr.. Varian Of
tered TO waive the opening, but Colonel Fergn-
son insisted upon his making the opening adj
ureSS ana the district attorney then discussed
the evidence very briefly.
Colonel Ferguson held that the evidence
showed That the defendant had no intent to in
1ure Sullivan and laid great stress in the alb
sence OF that element.
The jury remained out about five minutes and
returned with verdict of guilty, but recon-
menoed the defendant TO the mercy of the court.
Mack Stated That he was ready for sentence,
ana Judge Zane said that he appeared TO be u
a hardWorklug man and had born good reputa-
lion. In view of these facts he would only i'm
pose fine of 800 and costs.
WILLIAMS GETS A YEAR.
Charles Williams, who was convicted on
wednesday OF burglary committed at West
Jordan IN February last, appeared for sentence.
Judge Zane said that inaSmuch as the defen-
dant was young man and that this was his
first odense, ana thai the jury had recommended
him 10 the mercy of the court he would impose
the minimum punishment-one year in the peni-
Tertiary.
TIE MELLOW CASE ON 0IAL.
The case of Henry kellow, charged with as
Sault with intent TO commit rape. was then
taken up. The Indictment alleged that the
ofense was committed upon Mrs. Alice MCGEE
on February Il last. Ferguson g. Ferguson
represent the defendant in this case also.
The courtroom was cleared of spec-
tators and Mrs. MCGEE was called. but
Colonel Ferguson objected to the Introduction
OF any evidence supporting a more serious
charge, thai OF assault, on the ground that there
was, under the laws of this territory, no such an
1nense as assault with intent to commit rape.
The objection was overruled and Mrs MCGEE
testified that she resided at Bingham and was a
widow, her husband having been killed at the
Mammoth mine three weeks ago. On February
Il the defendant came TO her house, and in the
presence OF Tour other men. for whom she was
cooking dinner, made the assault charged
= Al TINS point an adjournment was taken until
this morning at TO-
OTHER BUSINESS.
William Middlemiss VS.. Robert M. Middle
miss; report of referee confirmed and decree of
partition as prayed.
Edward 4. Matthews. against whom there
were three indictments for having forged
checks, pleaded guilty to one and was SEN
tenced TO one years imprisonment in the peni-
Tertiary The other indictments against him
were then dismissed at The motion OF the pros
ecuTlng attorney.