The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-10-18
GlBBEY ACQUITTED
The Statement of the Accomplish
was not CorrOb0rated.
JAMES HACK WILL OBEY THE Law
Househreakers johnson and Hamilton get
Three Years Each-kerm's Luck-Iwo
Robbers HeId-The Divorce Mill.

James Hack, who on Thursday last en-.
tered plea of guilty to an Indictment
charging him with unlawful Capitalization
appeared for sentence in the Third district
court yesterday morning.
When the case was called up by Judge
Zane, Colonel Lochrie, who represented
the defendant stated to the cour,
that since the 9th day of October
1890, MIR. Hack had wholly ceased to prac-
Ilce the offense for which he had been In
dlcted, nor had he any intention whatever
OF again cohabiting with his plural wife
de came to this country a married man,
about thirty years ago, and entered into
polygamy in the year 1880. He was now
willing, aud even anxious to obey the proc
lamatlon issued by the president Of his
church rather more than a year ago, and
since its adoption had complied faithfully
with its requirements. Counsel thought,
under the clrcumst stances, thatjustice would
be met by his honor suspending sentence.
The defendant, be said, was physically
weak and financially poor.
Prosecutor Stephens informed the court
that this was an old case, and had been
standing on the calendar for four years.
The Court-This indictment charges that
the offense was committed between Octo-
Der lst 1885, and September 1st, 1888.
When did you marry your second wife?
The Defendant married my second
wife, Mary Ann -StokeI, about ten years
ago. but ceased to cohRoit with her as soon
as the manifesto was adopted. I live with
my first wife now.
The Court-Well, is it your intention to
obey the law in the future?
The Defendant-Iti is, your honor.
The Court-Would polygamy be right
now!
Ilaf6ndpnt--1r
The Court-Do you understand that the
church forbids unlawful cohabitatlon and
polygamyl
The Defendant do.
The Court-What means have youi
The Defendant-Very little. have 500
in cash.
The Court-Wen, in view of the state
ments you have made, will impose only a
fine of S25 and costs.
The defendant then returned TO the mar
shsps Office and paid the fine imposed.
GIBBEY ACQUITTED.
The trial of William S. Gibbey, charged
with adultery, alleged to have been com
United with Vilate Rhodes, was then re-
sumed, and the defendant was called to
the stand. He emphatically denied
that he had ever been cr!minally
intimate with the girl. While Miss Rhodes
was employed as a domestic at his house
she was in the habit of staying out late at
night, and he had frequently demonstrated
with her. II was on account of this that
she left his house
j. L. Rawlins the defendants attorney,
here asked the court to instruct the Jury TO
scquit under section 273, volume Ii. com
piled laws, 1883, which is as follows:
IA conviction cannot be had on the testi-
mony OF an accomplish, unless he is cor
roborated by other evidence which in itself
and without the aid of the testimony of the
accomplish tends to connect the defendant
with the commission OF the offense: and
the confederation is not sufficient if II
merely shows the commission of the Of
tense or the circumstances thereof
Judge Zane instructed the Jury as re-
quested, and verdict Of not guilty was
returned.
HoUsEBREARERs SENTENCED.
Frank Hamilton and Frank johnson.
who were convicted on Friday of breaIinu
into Betty Schmitt's house in the western
part of the city in July last, then appeared
for sentence Hamilton, who is a beard
less boy of nineteen, stated that he came
here from Anaconda Johnson, a tough
looking crook, whose locks are prematurely
grey, had nothing to say. The court sem
fenced them to three years each in the
penitentiary.
ROBBED HIS BED FELLOW.
Franklin johnson, who was arrested last
August for robbing his bunk mate in a
chep lodging house in this city, pleaded
guilty and was sentenced TO one years i'm
prisonment in the penitentiary.
There is another indictment against
johnson, which may be dismissed
KERN GETS ANOTHER CHANCE.
In the case of Albert Kern, who was re-
Gently convicted of robbing Mr.. Woods a
new trial was allowed
ANOTHER MIsFIT
The divorce case of Lovingly Carruthers
We. Edward Carruthers then came I'D upon
the report of Referee ]. b. Timmony.
The plaintiff alleged that she was mar
ried to the defendant in this city in 1877.
that in June, 1889, the defendant deserted
and abandoned her, without any Just cause
and has since continued toNve apart from
her.
The defendant failed TO appear. and a de-
cree of divorce was granted on the ground
stated.
DISMISSED.
In the case Of Edwin Rushton ct al va
Moses Hallett ct al. an order Of dismissal
was entered.
SENTENCE POSTPONED.
The time for sentencing Charles Tbiede
the South Cottonwood saloonkeeper who
was recently convicted of selling LIQUOR on
Sunday, was set for October 20.
GAUNoN PLEADS NOT GUILTY.
Walter Cannon, charged with assault and
battery, was arraigned and pleaded not
guilty, and G. w. Butterworth was an
pointed to defend.
LEAVE TO AMEND.
In the case of Hogan VS.. Ingram Of al