Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-03-18
FOR OTHERS SLKES.
4 EOthr Who Refused 10 Testify
Against Her Son,
BECAUSE or HIS LITTLE FAMILY



Ing.
Herbert 81. Abbott, young man of
rontlsmanly aidtuss, ON hail, was
charged with having committed au af-
eault aud battery lyon Die mother, Mm.
C.D.Abboti,on September 80 1903. The
cass came 10 the district c5ur, on up.
peal from Justice Gc,'s court, whore
the defendant vaa convicted aud naod
So and costs.
Assistant District Attorney Howat
appeared to prosecute; w. }. Harvey
was the dgiendan'a attorney.
a jury was cmpauslol iu very short
order and Prosecuting Attorney
Howat then called Nirs. Abbott o. the
wltur8i-ttand, when nn un-
ulual and unexpected scene occurred.
Tho lady, who was alufot BOO
black, took tho chair with au evident
rnow Of reluctance and tho Hrt que
ton put by Judge H,wai proved
tunlciout 30 call bal,
"dtutu what your uuu dil 10 you"
was tho opening remark % tho district
attorney.
81 have nothing 20 aay,n replied tho
witness most cmphatiCally. "lt isuu
old utinif that happened year nud %
half HgU--iuut q rough and tumble
Affair 10 wal s0 long aF0 that 4 hayf
no distinct recollection rf TO-"
estate O. the Jury wuut hu dli %
YOU" pufsuug Judge howat
Nee A .U.HU.. how. t.Hs.F. H.F.E..sH.f DO.
huiu against my With. Tue Trouble 90
that time was dropped and ] wish %
hunf nothing more about u. / Bunll
refuse 90 give any evidence ngaiutt
him. / have been threatened uuI told
that " ala not give evidence against
MIN should have " 80 90 the poni.
Tertiary.
Judge HoWat-roll the Jury what
your s0n did 10 you ia regard t0 which
you made your cOmplaiuL Did ho
siiiko youY
witness No, sir, he did not. III
give testimony here II Injuries me; Il
iniurcs my fmily.
Judge Howut-Wo cannot help
those ihingr Tho defendant caught
you by the throat, diin't hrg
Attorney Harvey protested against
the prosecuting attorney leading the
witness ia that way.
Witness declared that she could not
give u straight account Of what hap.
penei ~ long ago.
"f0u do NOS want 90, DO y0ugD
asked Judge Howai; TO which Mrs.
Abbott inu.antly reloiuci, ono, DO
not"
"You do not want to testify against
your aon2"
"N1, do not" was the reply Of the
witness. She alded IN a severe tone
Of voice, "And you, ~ a man, surely
cannot ask me TO-"
Again Attorney Harvey objected 10
loadiuR questions; but Judge BarlOh
said; "Sho has shown herself ~ be-
m unwilling witness.n
Attorney Harvey -Her rights ought
not 10 be leophrdlzud by the conduct Of
the prosecuting attorney.
Judge Bartoh-5hu may state what
occurred NJ that timo, aud n she does
not l shall permit leading question TO
be put.
Mrs. Abboit--rhefo arc great many
things 10 be considered In this case.
Again tho prosecuting attorney
asked tho witness the same question,
Mrs. Abbott cannot toll; / refuse
to auswer you, anu you may do by mo
"a you please.
"rho witness may answer the qucs.
tlou," observed the court.
To this Mrs. Abbott said, In n
trnmulOun yoict-l rivr myself up Tor
a family OF children who AFRO luit with
out their bread aud butter u huuwer,
aud / never will no against them iu
conyigtiug their father. They would bu
left perfectly destitute.
Judge Bartch told the witness that
che mual answer or he would commit
her.
Mr.. Abbott (ooolly) -woli, do 90.
Judge llowat--i AK you Whistler
your son caught you by the throat and
ohokod your
Mr.. < bbolt--I am not obliged u
give any evidence that will incrlmi-
nate me. You eau do o. you pleas,
with mo now. could 20 10 the poni-
teut,ary rather than 500 family OF
children ststvc. There tho witness DO.
gan b. ury,) 1 30 not know whether
he took me ny tho throat or by th,
loot. II was a rough aud tumble
affair,
Juugo Barlch then directed that IN,
witness 100 committed until she
NhtNtieA Aht NNtaIuhi OF ANkl Ahi
further order uf the court,
Tue defendant arose 90 speak, bu
hia attorney pulled him down.
"Huu uudertgni what You ~,
d0inygn aakUd toe Court. "I0u aft
only nskod toglyo your boBt rucllles
ton OF what occurred"
Tue only response from Aira. Alb
bolt was "tlHvo / got 10 g02" us auu
stepped down iIrm ihu wituuss.Htaud.
"Hes," said Judge Barton; where
upon the defendant with tuats IA hi
eyeo, called 90 his mother "AusWc
the queHtluU.n
Me, Abbott reluctantly returned q
thr stand, sat down, ami again went.
She was asked by Judge Hlwu
whether she was now willing 20 answer
bot the reply came as Hrmly ua vel
emo, Dir, cannot 1 will give mysui
up for the sake lf lne IAnniy."
Judge Howat then asked 90 have 40
Cgsu continued tiil . O'Clock, Rud MH
Ehb,tt was conducted towards the L
b. mnrhu'8 Jnlos by Ballln Muhl.
A moment ur Two later, however, the
returned into court Aud tlU uaillu nr
nouncei that the stiffness was wiliiu
10 answer,
Attorney Harvey had noted au "a
ceptIOu 90 the continual rr, and we
asked heteupon whether no wou
consent 60 waive this. Die declined ,
do go, however. Consequently ME
Abbott was consigned DO the ous.YH.
Of the marBhal t.ll O'Clock, %, wh.u
timO tho court difuulru the glHH d