Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-05-29
FAILED TO AGREE.


I y
Zane, Mn. Everett, co.deiendant IN
the case, was placed ou tho witness
stand by her attorney, In behalf Of the
defense. She testified la substance NJ
follows / did not leave my husband
with the intention " becoming the
wife Of MI Howard; LEFT Mr.. Everett
because hls treatment towards nc was
such that could not endure II; his
conduci, Away, bad, was vicious ut
time. Wont 10 live with the Howaris
because they werc my friends; never
quarelcd with Mrs. H1war' on
account n intimacy with her husband;
she wa. absent NJ nights on different
occasions, hot never had Illicit
relations with Mt. Howard then or at
any lolhur time. have no occupa.
tlon or means Of support; Mr..
Howard has frequently given
me money during the last two years,
and on that have largely subsisted;
the means | obtained ffom him were
merely loans; | gave jewclry ~ -ccuri.
/ ~ therefor; my Intimacy with Mr..
| Howard has been nothing more than
that u friend; he often requested me
10 20 back TO my husband, aud In DC
tobcr, 1890, lid 10, his conduct was
no unmsnly and cruel that ! was com.
PEELED 10 leave him again almost im.
mcdiately; In February Of this year j
again returned To my husband, Dut re-
mained with him only q short time,
my reason for leaving him again was
that he made n cruel assault on me
when I was In n delicate and
feeble physical condition; Mr..
Howard stayed Mt my house several
nights during the absence 0f my hus-
/ band; when | determined to live
apart from Mr.. Everett, took up my
abode nj Mr.. HOward'r house, but sub
squently left his place aud went 10
| Mill Greek; did not leave because Mrs.
Howard was Jealous " me, but because
my husband came there nnd made my
life miserable; he said he would either
compel mo 20 return 10 him or force
me into the ponittntiary; Mt. Howard
took me e. Mil Greek aud procured n
stopping place Tor me; | was irtro.
duccd a- Mu. Richpfis, his sister.
| don't know that | am his sister, anu
| have no conclusive proof 10 that end,
/ yet / have reasons for 30 thinking;
/ after leaving MIL Creek took
up my residence In the Seventeenth
wnri; l was there known ns Mrs. Rich
arison, Mr.. Howard Introduced mo ~
such; have refused 10 20 back 10 my
| husband, refuse now; | mailed him
our wedding ring; don't remember
whether sent II from NH Creek, Salt
Lake or Ogden; never told my hu--
band that | belonged 10 another man;
went 10 Logan with MIR. Howard; |
went through the Temple; he did not;
am not married 10 Mr.. Howard, nor
have ever bcen.
Mr.. Howard next took the stand.
he testified. am a commercial
traveller; have been acquainted with
MIR. aud Mrs. Everett since August,
1855; about that time thoy came from
England; being Victims Of miAfortuneiu
the old country they enlisted my sym.
pathy, and | assisted them In various
ways on their arrival In Utah; Ms.
Everett kept furnished rooms In Og.
den; stopped there iiv. or six times,
not more than that: the Evefetts
were unfortunate In business Ia Ogden
also, aud at the solicitation Of Mr..
Everett, his wife and daughter came
10 this city and made their home At
my house; | procured u situation for
Mr.. Everett; Mrs. Everett left my
place after n short stay and went b. Mil
Creek because she had trouble with her
husband; at Min Creek she made her
home with Mrs. Bowden; intro.
duccd her NJ my sister.
suHANs . - IA. =
Jnncture assumed the SAINT strain aud
was practically the same M that given
by the preceding witness.
Being further Intercepted the wit
mess continued; have contributed T.
her support, and literally too; did II
because II was my duty; the woman II
my slster, Rnd NJ Informed Mr.. Ever.
ell and he replied "Slrter be DID"
GLOW do you know that she il your
sister," inquired counsel.
III knew It instlnctively "a soon NJ
! saw her." promptly responded the
witness with emphasis.
In answer TO Mr.. Hamllton's
question M 10 whether he was
ever under Mrs. Everetps bed,
the witness grew very indignant
aud replied In the negative
Win Hucn emphasis ~ 10 DO heard
throughout the building.
Judge Zanc-To the witness. Make
no more such boi-tor0us demonstration
or | will commit you to the peniten.
tisry.
This had n salutary effect and the
wltncss subsidized.
Other witnesses were examined, after
which the Arguments We're made and
the case was submitted TO the Jury ut
$40. At lato'hour last night they had
not agreed ON u verdict.
COULD NOT AdRER.
The Jury, after being under lock aud
key all night, reported To Judge Zane
at nine O'Clock this morning that they
were unable to agree, and were there.
fore discharged by his honor. 1t isSaid
that tile Jurors stood ten for acquittal
nnd two for conviction. MIR. Hamil.
ton, the defendants attorney, intends,
some time during the present term Of
court, to make q motion for the formal
discharge Of Howard and Mrs. Everett.
II counsel should fail 10 gain his point
In this regard, the case viii have to he
tried over again. Meanwhile the de.
PENDANTS viii remain nj liberty on their
| fnFnapr nall-.elnuu saeh