The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-03
The Carney Cnse.

The new celebrated case of w. ].
Carney, exdog-tax collector, charged
with adultery alleged to have been
committed with Mrs. Parmley, came on
in the Fourth district court today.
Assistant Prosecuting Attorney w. L.
Maginnis conducted the prosecution
and w. L. P. Peyton represented the
defendant Carney was present near
his attorney and Mrs. Parmley sat be-
hind there. The court room was
crowded
Great difficulty was experienced in
securing a jury. and two open venires
were issued before the twelve good
men and true were empanelled.
The first witness called was Deputy
Marshal Cook, who arrested the de-
fendant He told how he found the
defendant and Mrs. Parmley in the
latter's room with her two children.
and recited all of the circumstances.
Deputy Marshal Davis testified that
he assisted Deputy Cook in making
the arrest, and went into the room and
saw the condition of the bed and the
apartments.
C. S. Blanchard was the next wit
ness. He had seen the defendant and
Mrs. Parmley together. Never saw
them do anything out of the way or i'm
proper; thought they were on good
terms with each other.
Fred Zant was the next witness. He
testified that when he was in Carney's
employ he was directed to call de-
PENDANT up early in the morning on
one occasion by knocking on a window.
He did so and Mrs. Parmley replied
saying she could not wake Carney up.
He heard her call defendant 'fWill.' .
She could not wake him and witness
told her to let him sleep.
c. w. Knucpple was next called, and
| created considerable amusement. lie
testified to having seen Carney on one
occasion come out Of Mrs. Parmley's
room late in the morning not complete
ly dressed. He also heard defendant
coughing in Mrs. Parmley's room. He
said he was "a specialist on coughs. y
and if he heard a man cough once.
could tell his cough again in a thous-
and years.
David Jenkins, a IS year old boy,
was next called. He testified that he
saw Carney and Mrs. ParmIey under
very suspicious circumstances one day
called down to the house to see him
last night, and talked the case over
with him; also talked the matter over
with his uncle, Phil Ford.
! Mrs. Nettie Parmley was next called
| by the prosecution. On being asked if
| Sne was married or single woman
! she declined to answer because she
was under Indictment herself. The
| point was argued by counsel, and the
court finally ruled that the objection be
sustained for the present. Witness
testified that she lived from last July
/ on Washington avenue with her chill
dren and boarders. Before she lived
there she lived on Pacific avenue with
her husband and children The
prosecution asked her why she married
| her husband if she was not a married
woman, and witness stated that she
supposed she was married but did not
know She lived with Mr.. Parmley an6
was recognized as his wife. Counsel fol
defense then took the witness ane
lasked her if she had reason to believe
she was not married to Mr.. Parmley
and witness stated that she had. Wit
ness did not know whether the cere
mony performed between herself anC
Mr.. Parmley was in conformity will
the laws Of Dakota. Mr.. Parmley haC
destroyed her marriage certificate anc
had told Mr.. Corse that the marriage
was not legal.
Counsel for defense then moved tina.
the court charge the jury to bring il
a verdict of not guilty. on the grounds
that the evidence did not show tina
Mrs. Parmley was a married woman
The court ruled that the prosecution
must show that Mrs. Parmley was ;
married woman, and that her husband