Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-02-13

II seems she could make--and such es
very few sisters would makt--io In.
ducc you 10 live VITA your wife, 10
cease association with Mr. Sharp, and
while your wife also seems ~ have
done 90 and wanted you 10 10 back to
Iowa, proposing TO enter the profession
OF a school teacher again IN order TO
help you along, you still continued to
20 ON associating with this woman.
IL further appeared that on one occa-
sion you took her out to Eureka and
stayed with her there three Jays.
When all these suspicious were existing
and you knew they were
against you (regardless Of your wife
aud sister, and OF disgracinR your
childrunl you chose TO 20 out there. |
am OF the opinion, In the light Of ali
the evlience, that that conduct ami
that net cannot be explained upon any
hypothesis consistent with your limo.
cence, by reasonable men. Again,
while there was some contradiction
about II, am Of the opinion that you
were out at the cemetery, according 10
the evidence; anu your association
with her at different times was uch as
TO lead me to the conclusion that the
Jury were correct iu finding you guilty.
or coursc IL 10 10 be- regretted
that man who had hithef-
10 sustained n good character
respectable man, belonging %
family tnat 10 very highly respected,
as | Inter from the evideuce-ippeats
now before the court for sentence u
imprisonment In the penitentiary.
This crime IN, OF course, more particu-
larly Injurious to your wife, but II Is
also b Jurious TO society; ami while
some OF the courts ia simc Of the states
have required the prosecution TO be
commenced by the wife. under the
law " the United States, under which
you are convicted, II Is regarded ~ n
crime against society. IL IL a crime
against the institution Of marriage;
because II Unmarried men are to disregard
the obligations OF the mar
rage contract and associate with
other women rs well "a their wife, anu
commit adultery, that Institution OF
marriage IL brought into contempt and
society scandalized.. IL Is public
Difense; II " an oiiensc against society.
| regard this case, In the light OF all
the evidence, In view o. your standing
Ia the community, your experience
aud your associations, rs rather an
aggravated Que, aud | will nix your
punishment at confinement In the
penitentiary Tor n term OF nix months.
also order you TO pay n fine OF 500
and costs Of the prosecution.
His Honor dlscove ing, however, "A
moment or two later, that he had not
the power under the statute to Impose
fiue for adultery, withdrew that
portion OF the judgment Pronounced.
District Attorney Vafian - Your
Honor can impose the payment oi
costs under the general statutes.
Judge Zane = fho territorial stat.
ute uoes not authorize costs unless
there il u ilne, aud will not impose
any now. IL Ia n question IN my
mind whether, when there IN no fiue,
the Court has right to order costs.
Judge Powers applied for thirty days
In which to prepare bill OF exceptions
aud serve notice OF appeal. Pending
that appeal he asked that the defendant
be admitted to bail.
Mr.. VatiAn--we object 10 the bail
pnrt Of II.
Tue Court denied the application.
Judge Powers explained to the court
that hu WIS not the Defendants origi.
nal attorney, but appeared for Mrs.
sharp. Casady had expected u be-
defended by Oh. Montgomery Of Den.
yer, who, however, could not he here.
1 an ap cal were now taken II would
be impossible Tor him Vhe judge),
owing 10 businoss engagements, u
carry the case 10 the Supreme court.
70 protect CaEady's rights, therefore,
he desired at this time 10 withdraw
from the case. Mr.. Mcrallum, who
had assisted him In this trial, also felt
compelled TO follow suit.
Judge Zane-l have fixed this de-
fendanps term vt six months because |
understand that he has hitherto borne
u good character and that this In his
fist olensc. IL 1t were the second
off'ense should have imposed n
heavier punishment.
The defendant was then removed In
the custody Of deputy marshal and
during the afternoon was driven up 10
the pen!tentiary.
Itis said 10 be doubtful whether an
appeal will be taken, looking nj the
IL Int sentence imposed.