The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-02-26
FOR TWO DECADES
Murderer Mulberry Gets Twenty
Years at Hard Labor.
WHISKY AND BAD COMPANY

WHISKY AND BAD COMPANY
A Combination that Sent Two Men to thu
PenitentiarY for Two Years-Other
Provo Criminals.
In the First district court at Provo yes
terday, the jury in the case of Benjamin
Bennett returned verdict of guilty.
INDICTMENTS FOUND.
The grand jury came into court and re
ported four indictments. The following
cases were ignored: The United States VS.
Thomas Johnson, Martin Wait, Nels H
Jensen, Ralph Raleigh and S. M. Duggins
BARTHOLOMEW NOT GUILTY.
The case of the United States vs. James
Bartholomew, unlawful cohabitation, wa
taken up and tried.
Caroline Olsen-Live in Fayette. M,
youngest child is three years old. 1t wa
born November Is, 1887. The Oldest is six
Joseph Bartholomew is the father of both
lived as his wife until the Edmunds
Tucker law was passed in March, 1887. Die
not live as his wife up to 1888. In February
1887, ceased living with him.
Cross examined by King-My husband
lived with both with Ema and myself W
to February, 1887. / have not lived as hi!
wife since that time.
Willis Bartholomew testified to his fathe,
and mother, Ema, being recognized as man
and wife.
A motion to dismiss the case was entered
by King.
Varian had forgotten the date of the pass
age of the Edmunds- Tucker act, and unit
informed by King that it was passed March
3, 1887, was contending that her relations
as wife came within the act, but conceded
the point and the Judge instructed the jury
to return verdict of not guilty.
| POSTPONED.
]. Yorgansen's case was called. Some
witnesses being absent the case was post
poned for two days.
| TWENTY YEARS AT HARD LABOR.
Mulberry, who had pleaded guilty Il
murder in the second degree, came up fol
| sentence.
Mr.. Sutherland made statement in be-
half of the murderer, purporting to be the
| facts in the case, detailing the account OF
Mulberry surrendering himself to the
officer and having been in a drunken ant
unaccountable condition at the time of the
killing. He asked leniency, also, on the
grounds OF exceptional good character prior
to this incident.
Varian stated that it was close shave t.
murder in the first degree, and he did not
see why any great leniency should be
shown.
Defendant was sentenced to the peniten.
tiary at hard labor for twenty years
TWO YEARS EACH FOR BURGLARY.
William Reese pleaded guilty to charge
OF burglary, and was ready for senten ce
He sad he was in drunken condition
when he committed the crime. He wa:
sentenced to two years. confinement
James Dee was arraigned on charge o.
burglary committed in Mount Pleasant-tt
which he pleaded guilty. He said it wa
all on account of whisky and bad company
He was sentenced to two years. confine
ment.
THE DUBOIS CASE.
Charles L. Dubois, of Santaquin, came II
trial on the charge of assault with inten
to do bodily harm. The case is one tina
was tried at the last term of court; tn,
jury disagreeing, the case went over.
M: M. kellogg represented the defense
Varian prosecuting.
Alex Evans was called and testified
Have lived in Santiquin seven years Know
Charles Dubois. About o'clock, Septem
Der 30, 1890, while l was returning home
ward on public road, l met the defendan
going south. He pulled pistol and asked
him what he was going to do with it. H,
ran to the fence corner and said "I'm goin
to shoot" and fired. He aimed his shot a
me. My horse jumped and got my pistol
He run behind a tree and fired a seconC
time. l then began shooting and fired tw,
shots. He fired five times. I was on m,
way home and moved in that direction al
the time.
Cross-examined-Afte Dubois shot
pulled my pistol as soon as | could. was
not in the act of pursuing him, although
was nearer when the shots were fired.
emptied all the loads in my pistol .befor
leaving him.
Mrs. Halliday Live at Santauuiu
Know the parties to thu case, and saw tn
shooting. l was inside my house AM
heard gun fired. went outside and say
Dubois. Smoke was all around him
| Dubois fired after | went out. | feared be
ing in danger and went for the house
There was number of shots fired as wa
going to the house.
j. G. Holman testified to having heard
shot fired and seen the smoke around Mr.
Dubois. Evans was mounted out in tn
street. Dubois fred second shot a
Evans, who returned the firing. A numbe
of shovs were exchanged. Evans was NOV
ing away from Dubois.
Kellogg, for the defense, made motion
for verdict of not guilty. The motion wa
overruled.
Mr.. Dubois, the defendant, was sworn
and took the stand.
He said: ION Sunday evening, prior tt
the shooting, my boy went to Mr.. Evans
for his pay, and Evans told the boy to tel
me that from henceforth he would be armed
and prepared for me. He told me the mex
time asked him for that money he would
blow my brains out On the day OF the
shooting, l was coming from the postofice
when Evans holloed at me and told me tt
stop. He rode up to me in O threatening
way, using bad language, and asking me if
was prepared, at the same time pulling hi.
pistol. We both fired | ran around thu
corner. He followed me around the corner
and fired again and 1 fired. He ex.
Eausted his pistol and said: 'Stay
where you are and pll go and get anothe,
gun and fight you,' and then he ran away''
Dubois was cross examined by Varian-
was armed in the morning and expected t,
meet Evans. l had been told he was afte
me. When Evans came after me, l wa
on my pistol then. Thought it was a bluff
When he showed signs of shooting, pu
my hand on my pistol Evans had his pis
tol in his right hand. He called me som
hard names. l pulled my pistol and pre-
sented it at him. We fired about the sam
time. | turned and ran. He shot at m
before got to the corner. l ran behind
tree and fired. His horse jumped aroun
and moved away. 1 came out into tn
street on my way home and took anothe
shot at him.
'Varian-Why did you come out in tn
street and shoot, if you were so afraid
Dubois got little used to it.