Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-01-03
1EzhrLrERY
"a arshai Franks Ex. -
nation This Morning.

stated in yesterdays NEWS. The
complaint was laid by Barnard Ma
gill, one Of the city prison guards,
who therein declared that he was
an eye-witne.s 10 the ofiense. The
accused was taken before Commits
sIoner Norrell and admitted to bail
in the sum Of $500. his sureties be-
ing F. II. Dyer and A. J. Smell.
Late the same afternoon Frank
alleged accomp,ice was likewise ar
reeted on a charge Of fornication.
Her name il Agnes Poalson, and
she is a good-looking young woman,
about twenty-four years of age, a
domestic servant in the employ Of
Mr.. Fabian, this city. She, too,
was released on giving bonds for
her appearance
This morning, at 10 O'Clock, there
wa. a large attendance in Commits
sioner Norreii's court whe l the &C
cused pa les pr ented themselves
for exam lation. Franks was rep
resented by Attorney Bowman, and
Attorney Hall appeared on behalf OF
the alc,defendant.
The first witness was RArrard
MagiIl, above referred %. His ties
timony wa. to tifa effect that on
New YcaI'n eve, about O'Clock, he
and another guard named Barker
4. ~
the gravel pit between First and
Second South. They observed Miss
Poulson leave her employers house
by the back door, wearing at the time
white shawl over her head. Sho
was soon afterwards Joined by
Franks, and the iwo walked to-
geiher In the diree on Of shed on
lie gravel bed, which they reached
soeie twenty miRutf later. Upon
their arrival at the open door Of
the shanty they halted, and the two
witnesses aforementio ned who were
in concsalment) heard the girl say.
"Dight match and see IL there is
any body In there.n Franks did so,
and when they entered Mise Poul-
son Unmarked, "What q dandy
little place it is, A fire was burn
ing in the stove within the shed,
but there VS.. no other
light there. After waiting
a short time Magill AMI Barker
| emerged from their hiding-place
and sprang n surprise upon the de-
PENDANTS, while las Magill alleged)
in a certzin position, which ne
described. The parties quickly
jumped up. Addressing Franks, he
told him that he was one Of the
prison guards, TO which Franks re-
Piled, 81 do not know that this is
any OF your business" Witness
answered that he had come up there
to SNAKE it his business" and sug-
gested - Barker that they had better
arrest the defendants and march
them Off TO the City Hall. They did
not, however, take this step. Wit
ness n,aced his hands upon the girls
shou Ter and turned her round \
order to have a better view OF her
face; but FRANKIE then advanced
towards hini with his arms uplifted,
and ea.d, "You let her alone" Wit
ness reioined, "All right, marshal,
I know you both; have got you
'dead'." he did not know Franks
when they first entered the shed.
but he had seen the girl at Mr..
Fabian's house previously and soon
recognized her. The shed is distant
some fifty yards from where Miss
Pouison il employed.
Magill was closely duest!oned'and
at some length, by the defendants'
attorneys, but adhered stoutly to
his statement regarding the identi-
flea ion Of both Franks and the girl.
Tony Barker testified that he &C.
companied Magill to the gravel pits
on the evening of December 3ist;
That they left the rity about 6 p. m.
and rode or q street car; that on
arriving at the shauty Magill told
him about a man and woman fire.
quenting the shanty at night; that
he was determined on cltching
,hen this night. A short time after
arriving NJ the sfiauty Barker festj.
fiet that he saw a woman in a
room OF Mr.. Fabian's house ,Ir,ss-
Ing preparatory 10 coming out: he
could not identify the woman:
shortly after, q man and woman
came toward the shanty and MariII
ana Barker concealed themselves
About ten minutes after Ma
gill entered the shanty, but Barker
only went to the door and saw fhe
woman on the mans lap: then
.!1lI7 away ami saw
as1btsgt1ttiser. The witness wo1lJ
not swear that Franks was the man.
and as TO the woman, all he could |
say OF her was that she wore a
white hood on her head. Barker
lad very indistinct ideas about the
lime. All he could say was that the
CONDUCTOR OF the street car in which
le rode back to the city did him the
ar was due In the city at SIS p.m.
For the defense, Dan Petersen was
allied. He live. in Salt Lake Citv
ght mo aths; knew Miss PouIson
ne OF the defendants, four months:
as friend others, and on the even. {
q OF December 81 went 10 Mr. {
a6ians house, where she lived, al
80 pm.
Petersen further testified that n I
" minutes after 7:so pm. he left a
r. Fabian u company.withAgues C
,uison and went direct TO Judge 4
mes residence. Here they met
ISIS Mollie Swanson and her {
yer, William Lesher, and ali \
snt to the house Of a. Mr.. Petersen. is
here number Of other Young d
rs were assembled. Then ali n
decided to the house of n Mr..
len, where n surprise party was
ven. They arrived there at s:I0
n. Petersen testified that from
v on the night Of December e
u, until the next morning of
acted as the escort of Miss Poul,
J; fetersen, in reply TO a question >,
MIR. Hall, sail the girl Pou,sou Ii
re a blue hood on her head. m
NM Lesher was next called. He nj
ed IN Salt Lake eight months:
ew Miss Poulson about six weeks
remembered the evening of De- or
nber 81; met Miss Poulson and fu
a Petersen at Judge Zane's about he
,, acted as escort to girl
ned Moliie; did not know her B'
er name; all went TO Petersen,s, an
n 10 Aliens surprise party, ar ii,
ing there at $50 or Whereabouts.
sher said there were ut the Marty Ia
en- girls anu nine Young men. on
they danced until 800 a. m: gr'
Miss Poulson was not absent ise
n the dance during the time OF
en- he saw her at 7:55 until the
y morning. He testified that We
Poulson wore on the night in Hi
stion dark clothes and the same gra
she now wore. an:
ollie Swensen testified that she
q at Judge Zane's since Novem- Da
last; she knew Miss Poulson to
girlhood. Her testimony was 1t
rely corroborative Of that Of the ;
witness, except that she swore ord
six ladies and eight young men fau
prised the party, the names of Il
m she could not remember. ma