The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-09-21
THE COL. ON CRANKS.
The Peculiar Claim Made in the
West Case.
THE DOCTOR ALLEGES INSANITY.
The Dodge Fails to Work and He Goes Up
for Five Long and Weary Years
Other Matters

In the Third district court yesterday
Judge Anderson passed upon the motions
Tor new trial and for arrest of judgment
IN the case of DR.. J. J. West, who was re-
Gently convicted of bigamy and adultery.
The motion for a new trial was based upon
the ground that the court erred in exclud-
ing evidence 10 show that West believed
his first wife to be dead when he married
the second wife. The motion FOR new
trial was overruled.
The motion for an arrest of Judgment
was based on the allegation that the indict-
raent failed to state the time and place of
the defendants marriage to Kate Claboy;
that there was variance between the
original indictment and the copy served on
the defendant, i'll that the name Of Jane
Everill appeared in the copy as Jane
Averill; that the charges OF bigamy and
adultery were improperly joined.
1T WAS VERY FUNNY.
The court also overruled this motion and
Colonel Ferguson, the defendants versa
tile attorney, then bobbed up with an atfi-
davit OF his own, setting forth that he had
seen q great deal of the doctor during the
past six months and from his knowledge of
him he was satisfied tnat his client was in
sane, and he moved that inquiry into his
mental condition be at once made.
cRITcHLow ON INSANITY.
Mr. Critchlow opposed this strongly
Colonel Ferguson, il seems, he said, had
allowed his client to stand trial and failing
TO secure acquittal, he now sprang this
plea of insanity. II the allegation of the
affidavit was true, II was the duty Of The
attorney have made VI ETNIXrY1 hpfOYa tho
tria! was had.
THE ARTFUL DoDGER.
The court overruled tins motion also and
Colonel Ferguson took an exception
MIR. Critcnlow-I now move for judg-
ment
Colonel Ferguson-All right.
The defendant then stood up, and when
the court asked him if he had anything to
say, the doctor made a long and somewhat
rambling statement, IN which he asserted
that he fully believed his first wife was
dead when he married his second wife.
The Court-Do you say you believed
that!
The Defendant do.
The Court-Did you not state to parties
here before you married Miss Everill that
you were not married and never had been
narrieds
The Defendant did not
The Court--Well, l will hear some evil
dence on that point. Call Mrs. Everill
That lady took the stand and testified
Before the defendant married my
daughter, asked him if he had ever been
married and he replied that he had not
He SAID that be never had seen girl
worthy to be his wife, and he came here to
marry a Mormon girl. He swore upon his
knees that he never had been married
A PRETTY SMART LUNATIC.
Colonel Ferguson-T would like to ask
you, Mrs. Everill, if you do not consider
The Witness-Well, he is pretty smart
lunatic. | think he is sane and that he
knows perfectly well what he has been
dong.
he GETS FIVE YEARS
The Court-Dr. West, you have commit
ted a grave offense against the law and
good morals. It's true you haven't taken
the lives of the two young girls whom you
married, but you have cast shadow over
their lives which will remain. The judg-
ment Of the court is that you be imprisoned
in the penitentiary for two years and half
for the crime of bigamy and two and half
years for the crime of adultery, the second
count of the Indictment.
Judge Anderson then retired from the
bench and Judge Zane took his place.
NOT GUILTY.
John w. Smell, charged with unlawful
rehabilitation. The Indictment alleged that
the offense was committed between Octo
Der l, 1887, and September l, 1890, with
Luella Z. Smell and Eliza Shaffer MIR.
Smell pleaded not guilty.
THE WINE ROOM sPRITE.
John Yates and John Berry, charged with
robbing Annie Borg, wine room sprite,
OF Sc, were arraigned and were given until
Thursday next to plead.
THE HoLD-UPs GIVEN THREE YEARS.
Joseph Shaclzle and Thomas Lee, the
hold-ups who were convicted on Thursday
of robbing Mr.. Nelson in May last, then
came forward for sentence. They were
given three years in the penitentiary each.
GUILTY OF FORGERY.
]. H. DAILY pleaded not guilty to two
charges OF forgery.
OTHER BUSINESS.
The sentence of Cyrus Aaron, the young
man who was convicted on Friday of grand
larceny, was set for tomorrow.
The case of Alfred Kearl VS.. Ella p.
Kearl was referred to S. FL. Lewis to take
testimony and report.
In the case of J. b. Swenson VS.. o. D.
Hendrickson, five days additional were al
lowed in which to answer.
The case of John Flowers VS.. Eliza Moi
fatt was argued and submitted
In the case of John Longmaid VS.. Emma
Benedict, decree of foreclosure was
granted in default
In the divorce case of Johannah Lind |
berg VS.. Gustaf Lindberg, the defendant
failed to appear and a decree of divorce
was granted on the ground of failure to
provide.
John Quinn, petit juror, was excused. |
Judge Zane announced that he would
make another setting of civil cases on !
Wednesday next.
Adjourned until Monday morning at TO-
In the Probate Court
Estate of John Gibson, deceased; order