The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-06-01
The Courts your husband herea

testihed-I live at the mouth of Bingham
cai1on. Have been. member of the Nor
mou church, but am not now. Have never
been in polygamy. l have four or five
houses out at Bingham and one in town,
aud am prepared to care for the girls. We
had several children down with diphtheria
some years ago, and Erastus Snow, of ST.
George. came up and took these two chill
! dren, who were twins, with him.
The Court-Have you ever been in
dictedl
The Witness-I am under indictment
now.
The Court-What for9
The Witness-F'or selling whisky ille-
gally.
The Court-Ever indicted for anything
elses
The Witness-No, sir.
Mr. Young-Do you say you were never
indicted for anything elses
The WitneSS-Oh well, [ have been.
The Court-What for!
The Witness-Horse- stealing-but was
acquitted.
Mr.. Young-You mean the jury hung,
don't you.
The Witness-Yes.
The Court-Well, have you ever been in
dicted for anything else!
The Witness-YeS.
The Court--What was that2
The Witness-Murder, but | have never
been convicted. My wife resides at Bing-
ham cailcn most of the time
Sylvia Stringham was recalled by Mr..
Young and testited-When mymother was
at st. George we were allowed a little
more liberty than before or since We
have never been allowed to run the streets
as testified to by my mother. When we
arrived here yesterday morning, Miss
Snow did not push my mother away from
US, but my sister, Mrs. Fitzgerald did
push Miss Snow. l was not prevented
from coming up town with my mother, but
did not choose to do so.
Sabra Stringham was recalled and testi-
fed-We have
NEVER BEEN ALLOWED TO RUN THE STREETS,
as stated by my mother. We have been
allowed to go to parties and to the
theatre with young gentlemen for some
time past. | am over fifteen years of age,
Mrs. Kate Fitzgerald testified went to
the depot yesterday to meet my sisters, but
was prevented by my cousin from talking
to them. One of the girls did say that they
could not be good at my mothers house,
because Mormonism was not taught there.
l did not assault Miss Snow at the depot.
but she assaulted me.
Miss Snow testified These girls are my
cousins. Elizabeth Snow is my mother. 1
came here from st. George a year ago and
yesterday morning to meet the girls. l
went into the car and asked them if they
wished to go with me or their mother.
They said they wanted to go with me-
Then Stringham and Mrs. Fitzgerald came
in and the latter said l should not speak to
her sister. She then assaulted me and
PUSHED ME OFF OF THE PLATFORM.
l called in an officer who was there to
arrest Mrs. Fitzgerald, but he informed me
that would have to go to the city hall and
swear out a complaint. Mrs. Stringham
then turned on me and abused me-
James Dryer testified was at the depot
yesterday morning and saw Mrs. F'itzger-
aid assault the young man who accompanied
these girls on the train
Mr.. Snow testified: / live at st. George,
but left there last Monday morning. | went
to the depot with my sister Yesterday
!, morning to meet these girls. When we got
on the train Mrs. Fitzgerald assaulted my
!, sister, | interfered and told her that we
} could settle the matter in better way than
that, aud both Mrs. Fitzgerald and Mrs.
} Stringham turned on me, and for few
minutes
MADE 1T VERY WARM FOR Me.
At my mothers home in st. George these
girls are treated like other members of the
family. Of course St. George is very differ
| Gnu rum IOclb 1dhG, anu yOuuB ldul6S nave
perhaps a little more liberty than they
: would have here. [ have never heard
7 polygamy taught in my mothers house, and
! 90 not remember of ever hearing it was
talked of there.
This closed the evidence ana Mr.. White
more said he thought the testimony aduced
showed that the children should be taken
from the custody of the defendant. 1t was
quite plain that If an order were made
: simply discharging them they would re
| turn to those people 1t was clearly evi
l dent that Mrs. Snow had daughters of heI
3 own in polygamy and these girls should be
T delivered to people who would teach then
5 that polygamy was wrong. He thoughtiGhe
4 court should exercise its power and pre-
I vent their going into polygamy. They had
d been living in a Mormon town which was
: a very hot bed of polygamy.
l lie Grande Young said that some attor
neys practicing in this court were in the
habit, when they were unable to produce
/ any evidence,
u TO PLAY UPON PoLYGAMY,
+ no matter what the issue was. In this cas-,
d it had been alleged that these girls were
!, restrained of their liberty and that the,
/ were going to be forced into polygamy
o For these reasons it was asked that theil
e mother be given the custody of them TIL,
evidence had disproved every material al
r legation in the affidavit and he though
/: the court should allow them to go wit
t whom they pleased.
O Judge Zane said-This habeas corpu
was issued some time ago on the applica
|, ton of Mrs. Fitzgerald. A writ of habea
Il corpus was issued to have these youn
e ladies produced in court. It is alleged tina
they are deprived of. their liberty by Mrs
l. Snow, their aunt. That they should b
+. discharged from the unlawful restraint ex
ercised by Mrs. Snow. Mrs Snow ha
made return in which she denies hayin
exercised any such restraint and allege
d that the girls are at liberty to go from he
i if they wish to. Council for Mrs Fitzgel
N aid now ask for an order to delive
re these girls to the custody c
r their father and mother TIL
d question is whether the court ougt
II to make such an order under the circum
20 stances. 1t appears from the evidenc
ot that some years ago, owing to sickness l
n Mr.. Stringham's family, ana for the pur
lie pose of relieving them, these girls wer
y taken to Mrs Shows home at ST. George
s. where they have since been. They no.
a. appear on the stand, and the court mus
say that they appear to be young ladies c
J at least average intelligence. They hav
u had the advantage OF an average education
70 at least, and l am not sure that it ISM
le above the average. They seem to hav
st been well cared for, and have not bee
IS restrained of their liberty. They coul
r have gone to their mother if the
" wished to, but they preferred their hon
n with their aunt. l think the evidenC
id shows then that these young ladies
M HAVE BEEN PRETTY WELL BROUGHT UP
h at st. George. The weight of the ev
re dence shows that they have not been taugl
10 polygamy, and there is nothing whatevt
y to Indicate that they intended to ente