The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-12-31

fixed. Mr.. Montgomery came into her
room and had some conversation with
her. Precisely what it was, If she
stated. does not occur to the court
now. But afterwards the defendant
and her daughter went out into the
city and spent the time until,
infer from the evidence. near 6
O'Clock, and after they had taken
their dinner they returned and oc-
cupied the room. Shortly afterwards
Mr.. Montgomery came in, as she
states, and sat in the room talking
with her. Precisely what was said she
does not remember and the child be-
ing somewhat restless, he went out.
She was rocking her daughter, hold
ing her in her arms in a chair. After
wards she put her to bed, or laid her
upon the bed. [ infer from the evi-
dence that the child was not undressed,
but had upon her q wrapper. The
defendant states that when she was
laying her child down, it occurred to
her that she had done a very i'm
proper act, and one that was open to
censure, and suspicion, and when Mr.
Montgomery came in about 8 O'Clock,
she in. conversation with him told
him Row she felt about it. and he
stated to her, among other things, to
deny it and if Mf. Irvine found
it out to let him have a divorce.
And I infer from the evidence that he
gave her to understand that he would
stand by her. or words to that effect.
There was more conversation, to the
same effect. He also spoke of some
statements that he had made to Mr.
Irvine in reference to the assets and
responsibility of the bank of which
he was president, and in which her
husband held stock. and stated that
! he had not told the facts as they were
with reference to the bank, to Mr..
Irvine. Other conversation occurred,
but she was unable to recollect pre-
cisely what was said.
Near IL O'clock the child was awake.
She took her in her arms and rocked
| her again, and Mr. Montgomery stand
ling behind her, stated that he would
go if she would agree to remain over
two or three days, which she promised
| to do. He kissed her and retired.
That, as she states, was the last time
she ever saw him. In the morning,
her conscience, as she, states, having
| troubled her through the night on ac-
count Of the act of registering under
an assumed name, and of the situation
she started on the first train for
Marion with her daughter.
stances as they appear from her state
mentv and from the statement of the
clerk of the hotel. The question arises
what does it all mean? Does it autho-
| riZe the inference that the woman, in
the light of all the other evidence
committed adultery on that night with
Montgomery, or is it sufficient tc
authorize the court to say that she did
not? In interpreting these acts and
=,
| conduct on the occasion, must the
court infer that the Conduct was the
outward expression of guilty motives
| In interpreting the conduct of a human
being. we must look at it in the light
of the circumstances attending the
conduct, and whatever may be con-
nected with it. AWe must look at it in
the light of the disposition, and the
nature and the character of the in
dividual whose conduct we are judg-
| ing We must look at it with fairness
and impartiality. We cannot assume
that this conduct emanated from d
woman whose soul was tainted with
| the crime of adultery, unless a prepon-
lderance Of the evidence proves that
she had been an adulteress.
| The law, based upon the experience
| of ages, as applied to human con-
duct is, that everybody is presumed
to be innocent until proven guilty
That is the rule The taking of this
card and registering in the name of a
! ficticious person at the instance of Mr.
Montgomery. the fact that he had the
key to the door between the two rooms
! the fact that he visited the room, and
the. fact that he conversed with hel
about her husband, of course are sus.
picious circumstances; but we cannot
Hook at this woman as woman who
was seeking an opportunity to cimmit
adultery. Fairness, impartiality, an6
| that great principle of charity which
| has come down for eighteen hundred
years from the great teacher, are not
to be disregarded, and the law of the
Hand is based upon these principles
There is a circumstance, and il
seems to have been established as sat
isfactorily as any fact in the case, anc
that is that this lady, hours before she
left the city of Omaha, was afflicted
with that trouble which belongs to The
female organism; and that she still
was ubject to it when she reached
Marion, where her mother and sister
were. This fact, while it is of deli
cate nature, must be mentioned anC
taken into consideration. That ap
pears to be established by such testi
mony as the court cannot discredit
That being so, it is highly improba bic
that this lady is guilty.
In judging of this conduct at the
hotel, it is also proper to take into con
Isiderdtion the character, so far as we
are permitted to know it from the evi-
dence. of Mr.. Montgomery 1t appears
that he was a man about 80 years oil
age, nearly twenty years older thar
the defendant. 1t appears that his
wife had died some twenty years be
fore this occurrence; that he was q
man of amply means, the president OF
a bank. and as the evidence showed
drove a fine team and carriage; thai
he was a man who mingled in the so
cial walks of Iife with both men and
women of responsibility. There is evi