Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-04-15
A WIFE CANNOT TESTIFY.
III 1l8 Ut f
Judge lanes New Ruling In Idal,
terry Cases.
The Defense He Sets Up.-The Jury
Don't Believe Him.


on an Indictment for adultery, wa
J. commenced In the Third Distrir
!, Court yesterday afternoon. Tn,
jury was impaneled and sworn. an,
. Is was agreed by counsel that Mrs
! Lydia Crowther wssthe DEFENDANT
c legal wife.
The case was conducted by Mr.
|, Narian for the prosecution. ant
! Hamilton 4 Toad, who had beer
: appointed by the court, for the de
Tense.
Mrs. Ellen G. Heheran Crowthel
2 was the first witness. She testified
! became the plural wife of the de.
fendsnt twenty years ago, and have
seven children by him. My young.
est child is fourteen months old,
The defendant is its father. He
visited me at my residence In this
city frequently In isss and stayed
, overnight When the child was
born he told me not to say anything
about his being its father, to prevent
: his getting into trouble. We were
supposed TO be sepsrated, but he
J visited mefrequently. He received
apardon from the Presiden, some
time ago but he continued to visit
me after getting 1t. My oldest child,
Ella. is eighteen.
, To Mr.. Hamilton-I was not
: pleased with the action of the de-
iendant in obtaining his harden.
My child was born February Is.
1883. Mr.. Crowther generally came
TO my house like a thief in the
night l know CLANCY Kane. He
visited my house during the month
OF March, to6o, and twice he called
win Mr.. Crowther. / think he
LEFT here in April following 10 al
tend some races. We had 3 little
hearing once before Bishop Wollev,
OF the Ninth Ward. I have seen a
man named Lancaster. He called
az my hoise for Mr.. Kane. At the
Bishops hearing the defendant at
tempted 10 show that he was not the
father Of the child.
Ella Crowther testified-The last
witness Is my mother and the de-
PENDANT is my father. NV father
received pardon in July, fsss. He
had been away from home a few
mentlIs when I first heard of il.
The defendant was at our house
I frRuIlpuflx fha .-a,r b1f.-- - 800
OF the youngest child. One night
when returned from the theatre /
found him in my mothers room,
lie visited our house frequently in
Mr.. Hamilton-Are your feelings
toward your father, friendly?
The witness-Well,I don't know
him. aus
Mr.. Hamilton-Is that because Of
his getting pardon7
The witness-It is because he has |
not treated us right since the baby |.
was born Mr.. Kane, the party r,,-
ierrcd TO by my mother, was n horse
man. One day, when Il was rain
ing very hard, he tied his horse
under the trees in front Of our house.
A'y younger sister invited Elm 10
come in. That is the way we be-
came acquainted with him.
Ellen q. Hefieran was recalled
and testified that after the birth of
the child the defendant called at fief I
house twice.
The prosecution Tested here and
Edwin ID. C-Owther was called by \
the defense. He testified-I am the
defendant in this case. have re-
sided in this city since March, 1859. |
Prior 70 that time / resided nj Coal
vile. lived in pOlygamy with
Ellen Hefferan up to March, 1850, [
was at her house ON March 10, 1855.
| have never admitted the paternity
of the child TO anyone.
Mr.. Narian-When did you leave
your plural wifeS
The Wituess-ln March ISs2.
Mt Narian-And you make an
affidavit that you had abandoned
yo2r polygameus practice when you
applied for a pardon?
The Witness-Yes.
Mr.. Narian-How old is your bow
Tommy?
The witness-seven or eight years
old? !
Mr.. Narian--ff this child was
born on March %, 1883, you did not
cease to live with your plural wife
after the passage Of the act Of 1852,
did you?
The Witness-Not II that Is 50.
MIR. Narian-But you took an oath
that you had done so?
The witness-Yes.
Mr.. Narian-Tkat's all.
sirs. Lydia Crowther was then
called, but Mr.. Varian objected 10
her tesdfying. He took theRround !
that under the law Of the United !
states she was not a competent
witness to testify in favor Of her /,
,
AT this point the court adjourned. !
This morning Mr.. Narian argued .
further in support Of his proposition
hat the legal wife could not testify :
IN behalf Of her husband. He stated |, !.
hat in the caseof the United States :
Us. VIM. u. Bassett, the Territorial
supreme Court had overlooked =,
United States statute when it ruled y
hat a wife could testify against her y
luseand.
Mr.. Coad took an opposite view. I
he also argued that the competency a
II witnesses was regulated by Terri =
orial statute. The Supreme Court =
lad decided this to be the fact in the y
use of the United States VS.. T. r. n
Jutler, though Judge Zane had dis.
ented from that apinion. n
Judge Zane decided that the Terri y
orisl rule Of evidence did not apply, u
hus disagreeing with the action OF
he Territorial Supreme Court in the a,
8assett, Cutler and other cases. He .
lelu that the legal wife could not be a
'ermitied TO testify, even by the =
of the defendant, in a case p
{ adultery. 81
Edwin Crowther testified-I am a II
on Of the defendant: in 1855 4 re- ~
ided at Coalville with MY parents; y y
n the latter part Of April of that ~
ear, father was In Coalville, and =
enIained there for six weeks or y
lore; he was there during the en- :.
Ire month of May. "
To Mr.. Narian-He worked with 1'
he every day, except Sunday, dur U
lg that time. Ia
Asa Wilson testified-I am the "
son-in-law; resided In 10
in lsSs; my child was 50
Iried April !; Mr.. Crowther was 10 20
OF there then. but came to CoalviIle ~
few days later, and renamed a ua
,uple Of months. r
To Mr.. Variant saw him there w
7ery day during the time l have ~
he came about the mid ue
e Of April; he might have gone u. "a
way for day or two without my %
moving il. IN
Edward CTittenden testified-I IN
side at Hoytsville, Summit Coun- M
:; lived in Deadville in lsss; saw yul
Re defendant there in March or 1l
prii; saw him when he was work re
y as his son has stated.