The Dispatch. [volume] (Provo City, Utah) 1891-1895, 1891-02-25
BEFORE JUDGE Blackburn
". Ii. Mulberry Pleads 5liiiy Of
hiards11 Second Degree.
The Court Hsot Knowing the
circumstances Hears fhe
Evidence i'm the Case.
SEM. j. Bennett Tried and
Found Guilty of Adultery
with Maggie Patterson.


day morning.
William Cummings, burglar Gill;
gan s partner, was arraigned and plead
guilty to the charge of assault with a
deadly weapon. He was gwen six
months Imprisonment in the peniten-
tiary.
Carter, unlawful cohabitation, was
called, and the defendant given until
2 o. clock to plead.
John S. Steel, unlawful cohabita
ton, was arraigned and plead not
guilty. There was no time set for
trial.
Samuel A. Wilcox, unlawful cohab-
itation, was arraigned and entered a
plea of guilty, and stated he was ready
for sentence. He promised to live
within and obey the law in theIfuture.
With this consideration he was fined
| 500 and costs.
Orlando F. Heron, adultery, en-
tered plea of not guilty.
The case of Joseph Bartholomew;
unlawful cohabitation, was called, and
a plea of not guilty entered.
Neils IL. Jensen was arraigned on
the charge of unlawful cohabitation,
and plead guilty. He was fined 300
and costs of the case.
Levi S. Durham, for resisting an
officer, plead not guilty, and E. E.
Dudley was appointed to defend him.
Chas. Anderson, charged with as
sault and battery, plead guilty and
| was fined $50 and imprisoned for thir-
ty days in the county Jail.
VIM. Mulberry changed his plea of
not guilty of murder in the first de-
gree and entered one of guilty in the
second degree, and stated he was
ready for sentence. Judge Blackburn
not being acquainted with the circum-
+, Stances of tie case had Frank Jones
sworn and testify, he being an eye
witness to the affair. 1t appears tina
| Mulberry had been standing in the
road, firing off Winchester rifle.
Jones came and demonstrated with
him and asked him to stop shooting,
| as he was liable to shoot some one.
| Mulberry told him he didn't care
c. d-who he killed. At this moment,
Dan Fulmer come across the street on
| his way to the roundhouse, Mulberry
saw him and fired. He instantly fell
| to the ground dead.
/ y
| Jones and Dan Simmons went toward
| the body, but were told to keep away
| by Mulberry, who threatened to Shoot
if he touched the body. and at the
same time saying, keep away; I'll
show that s. of a b a trick or
two"
The case of Benjamin J. Bennett,
charged with fOrnication, alleged to
have been committed with Maggie
Patterson, both of Scofeld, was called
up.
Maggie Patterson was placed on the
stand, and stated that she lived in SEQ
field, between July and superintendent
Mr.. Bennett; first met him at a
dance in Scodeld; married Thomas
Williams January 80, 1891; my child
was, born on October l, 1890; its father
is Benjamin Bennett, tho orime was
committed on the 9th day of Deem
Der, 1890; was "a years of age last June;
know Tom Williams; he lives in SEQ
field; never had any intimate relations
with him; did not accuse him of the act
to any one; went out quite often with
him; the crime was committed on the
railroad track; had a church examina-
ton at Winter Quarters; there charged
Bennett with the crime; am a native
of Scotland.
Mrs. Snowdeu then testified that
she knew Maggie Patterson; had
known her for three years; came from
Scotland with her; have seen Bennett
and Maggie together on several oc-
casions; saw Bennett at Maggie Is
parents house; don't know who he
came to see; he was there while Maggie
was sick; saw him talk to her; saw
them on the End of May-about II
O'Clock at night; they were in front OF
Maggie's gate; know Tom. Williams;
first saw him on the night of his mar.
riage to Maggie.
Maggie Patterson was recalled, and
,. said: [ remember the night of May
End; was standing at the gate with
Bennett; l asked him why he had not
kept his promise in regard to coming
down and fixing this matter up; he re-
piled that money was so tight and
work so slack that he couldn't gel
down; had talk with him on the Enc
of February, and told him I was in the
family way; went to Mrs. Browns
house; stayed there during my confine
ment; saw her two months ago; she at
tempted to assist me in placing this
affair on to Bennett.
Nephi Mclean was next called
Live in scotield; know both of the in
terested parties in this case; have
known the Patterson's since they came
here; have seen Bennett and Miss
Patterson out walking. Am constable
at Scofield, and in that capacity
arrested defendant about the 10th OF
18th of May, 1890. When [ arrested
Bennett, l told him that imprison.
ment could be averted by marrying the
girl He said he'd marry her, but
would not live with her. He did not
say he was the father of the child.
Thomas Patterson was the next to
testify Live in Scotield; the plaintiff
is my sister; went to the jail with Nc
Lean and Renuett; told Bennett if he
would marry my sister, the case would
not come before the court Said he
would mary her, but that lie would
not live with her. | wanted to see the
child have name. Have seen Ben
nett and my sister together on sew
eral occasions.
The court then took a recess until
O'Clock p. m.
AFTERNOON SESSION.
Samuel Carson withdrew his plea of
not guilty to one of guilty to the
charge of unlawful cohabitation. He
promised to obey the law in the future
and was sentenced to pay fine of
500 and costs.
Christian Hansen applied for citizen
ship. but was denied on account of
the aforesaid gentleman's partiality to
polygamy.
Rasmus Rasmussen and Francis G.
Nelson were admitted as citizens.
The Bennett case was then resumed.
MI Mclean took the stand and
testified that he had acted as carrier
fol Mrs. Williams, to convey a note to
Bennett, asking why he had not made
things right with her.
! Nc yVil1iapnc ctatad that ba r,,ar