Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-04
THE ARGUMENTS.
Review Of tho Evidence 10 tbe Fen
SltTmaksr- Tribune" Suit,
WIN CONTENTS ny COUNSEL
Judge Powers and Mr.. and Mrs.
squecrs-stt0rnpy Lane's
Closing Reply.

90 kue ulhiuNu anu Attorney OEuun
Hiies on the part Of the defense having
had their say to the jury yrsterday
afternoon on the trial of the Fonster-
maker. Ir.jtmo slguJU liBrlsuit,
Judge Powers this morning began
hiH poriou u the argument Tor tho
dO.unIanls. la the course OF
his remarks the Judge hit tho
Feuslermaser family pretty hard
and tauutoI thu plaintiffs at.
iorncys with their inability % bring
one single person upon the wltnoss-
stand VINO had tho temofity 90 swear
that tho reputation OF tue Feustcr.
maEcfs, as q whole,was good. 4 seemed
10 bo = curious family, too, Ia ~ com.
/ pOnont parts, sa.d counsel, tue old lady
appearing 10 have hal mania Tor tax
| iug iu little waits ami alrays. A. oue
time she had Ms many a. i0ur Of tltm
! together at the box Elder fauch,aud IL
| these she hal stated Hus was Ignore
partial than 10 her own children"
Judge Powers sueuiei at this piece "
alleged nypocrisy ,aHI deceit, which ho
said was backed up by like assertion
10y her husband. Reference was made
10 the Squgvis hUutch0ld, caricuufcd hy
Clas. Dc. ensin "Nlcnulus Nigkleuy,D
/ being claimed that q parallel case OF
cruelty wac here luuuu. "MhAt can
bu mIrr awful" asked counsel, "thnn
tho building up OF the mind ora Htils
gifl 10 that point that che husitaitd NOS
lusmilingly iisp u told iatuLo0d be.
cause 4 wanted G., OF because ! 10
not know ,whyH" To see ani hear
little CatUllue Hansen upon the wit
Ness stand yesterday was picture,
loruua ely seldom given ia court.
The Jury could Judge Tor themselves
whether Hnv had received the treat.
meut and training which should To
given TO O. little homeless aud friend.
Icsr Blrl. Hgr testimony in anu VI Itself
was saliuirui TO wipe out tie case VI
the pl.lu.in FUustuIuaker ut once anu
90 csusonuy Jury yi sUuriUle AMI honest
men " say upon their oath that
uu mutt 20 homo with a verdict OF no
/ cause % action. Counsel asserted that
| lac would he willing 10 reat ihu doinnd.
ants cans ulou that Child's testin,Cgy
alone. Legitimate or illogitimats,
/ Carrie wac an incubus 10 HRntcn
I Bogadol She was " his own flush
anu blood, and yet TO excuse himself
anu help the plaintiff, lac went upon
the wltness-stand u1uiussiug his own
wrunRdoing anu hehrtlrasurts, seeking
to caat disctUdit forever upon tue ,ntei-
luct Of his child. Shb was indeed an
| orphan, with her poor mother b,neAth
the soil In Denmark, with her father
virtually disowning her, Iuroing her In
TO the hands Of people whom
he did not know, aud care.
lessly forgetting their address
/ thinking al littlc Of her that Tor I've
/ Year, ho did not see her, and tht,
showing the treatment shu had re-.
cuiyed from him, referring 20 him In
/ All hor testimony as "Mr. B5ga Tell"
/ Counsel spoke Of the evidence uf sam
| ellison, who be- saii Tor moro than a
| quarter lot q century had been well
/ auown ia THIS community, anu
| declared bin 10 be an absolutely TRUTH
| iul man, who could have no lulufest ia
/ making "a false statement VI this un.e
| % MI Lanuau, Was u likely thatn
| girl OF such tender years would nave
! started out on such a Journey OF eight,
uiuu VI ten miles alone, through tha
sagebrush, % sleep out In the desert
uudgr tue stars, m the frosty weather,
unless there had been something
tho matter, Ia fact, she herself
had admitted that whenitno left tho
Fenstormaker hOutehUld late on that
A prli day that she had no Intention Of
| returning. IL was evident th NJ tho
girl had boon coached Into the tale OF
uenials that shD had now tolu upon the
witness.siaud, ns her contradictory
statements proved, and the Judge In
sisted that when sne tllu her original
story u MurIgck tue sheepherueT,
GihOu, aud others she sToku the truth.
he asked the jury whether the story Of
llo treatment OF this child did not
touch their hogrls AZ meu, and whether
they did not believe that tus Tribune
was justified In saying that this was ga
tenulike act 10 child" 10 turn her
uut VI doors In suun % manner 10 wan
der whither Sue wCull2 Tao evidence
u Carries little COmp anious at the
rancn was Rdyefted 10, they having
sworn lhatthey HAD seen Mrs. FoIstof-
maker beat her severely on ylTi0ua
occasions. Judge Powers spoke OF
Came as an object Tor pity, not TOR
foprlach, said he trusted that the
Orphans Home would not send any
more children TO tho Fenslermaker
ranch, and that one OF the results Of
this case would be an investigation OF
the boarding out system OF walls. He
closed by asking Tor verdict for tho
defendants
Attorney John NJ. Zane followed thia
afternoon. Counsel spoke VI Caroline
Hansou's peuCnaut FOR running away
from home, as tue evidence, he aaiu,
clearly proved, and claimed that Mre.
Fenslermaker was not the tiendlike
person that the defense had tried TO
make out. There was no testimony
TO show that she ever uroys
the child away ami told her not
to return, anu Carrie heraelf on the
wilness.stand hal denied that sno did
10. That the Transformations hal
treated her kindly was evidenced b,
the fact " her own confessed deBlre
return 10 them, Would the Jury say
that the plaintiff was party TO such a
scheme as TO turn this child adtlft and
send her out upon the desert 10 slarye
10 dUnlhg The witness Mur'ockJs
alleged Vanished story OF Carries con.
veTsaIiOn with him was ridlculed ana
what counsel deemed 10 be many
equally feeble links IN the chain OF ties.
umouy on the side OF tho defense were
..I