Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-02-20
HE'S 50 FORGUIHG!
ill., HulYlH8y Fought Shy Of Tho
Grand Jury Room.
MRS NULyASEY IS ACQUITTED.
Judge Judd Sorry for What He Him
self Has Douc-some Remark.
able Developments Today

After several delays and n good donl
Of lawycrs' talk consequent thereon.
tho celebrated Mulvaney.Nalsntinc
oase-with the facts Of which tho local
Newspaper reading public must have
become sutfsiteJ by this timn-- wac
fairly launched In Judge Bauch's
division OF the Third Dstslc, court
this morning. Mulvaney anJ his wife
occupied ttoir accustomed pl,Cc, side
by eide, w.tlin Tue bar enclosure;
Valentine sht 10 lino With Thorn, I1ur
chats distaul,aud the psr.iss appeared
% lc 0u the ir.onditslof terms.
An unexpected piece ri gal skirm-
ishiug began, however when Judge
Bartch inquired vaolho, council wOr5
ioady to proceed with tue grand lar.
oany indictment agai.s, Charles
Valentine. Mr.. hTulvaaoy hal been
called upon bysubpwus 70 ritsnd ami
testify before tue grand jury ou tho
adultery charge, the nIiglm nt there.
On having been TU.suumuoi T. that
b5Iy by the prosecuting attorneys bu.
cnuss OF n naw in tho Que previously
presented ana ag,ui uiJE, and 10 was
tuiswhlch cGIscl c'u.Bui Tor IG AMI
Nrs. Muivaney t. take up lr.p today.
Attorney Naglag lut afJas and slid
Il am r'proauullr Mr.. Nlulyanoy,
who has been tuY WIasi 90 o. witness
before the sAnd Jury t.is morning,
and II 10 generally uaJeys,ood, ami 1
suppose the fact Will bo c0uceIrd, that
no hns boUu subIWlaoi there 10 give
testimony ia the p1ss OF taa United
States against ChEflra Valentine ast8
the alleged cuminaiity with his (Nul-
vauey'sl wife. 4 eek your honor 10 in.
btfuct the gand jury ,uat hu ~ mot
competent witness, and that he may
be- afforded she protection tluttho
requires thU court Go give him, Bug.
gustlng, further, thtt N there On any
question about lhc law 1 nm really %
produce authOrili0aUu tlosuuiucf.
Judge Judd-rhat he Ia no. com.
potent witness against whom?
MIR. Nnrlan-Thv person whom I rm
talking abJut-ML Valentine. Colu-
-el thought that under the Olrcum.
stances tue matter ought " be decided
n0w and the grand Jury Instructed o.
suggested, In tbs event q tue pruseuu.
ton not connecting lhu point
Judge Judi-luu prosecution does
not concode the point 90 all. / want
tuSt witness ~ 10 before the grand Jury
tJgive evidence against Oue Valentine,
VINO " charged with having cammittgi
adultery with MulvaueyS wife. 1
have the proof bsinre me that lac has
given OuuB before on that
suUieo, anu l take It II viii be the
same again. II tho gentleman has
any law TO snow that Mulvhuuy IL not
a competent witness for that purpose
he may ~ we'll produce it IA advance.
Attorney +. b. Stephens also for
mally entered au objection 10 M. Null
vnney tcst.iylug before thu grand Jury.
"lAu vito docs not consent 10 his
doing So" hu added, "tuI mover haH,
ana / ieCt on her behalf likewise { ,
his testimony being now takou."
Judge Judi do not propose 20
take any testimony nov before the
grand jury against Mu, Mulvauey.
Mt 5luphous-lt must DO ngAlnst
her u Il IL against him
Attorney Narian proceeded 10 read
vafloua authorities IN support VI bis
contention that tho husband 10 NOT
compelled 10 testify against his wife
when by 90 DOING hu would incTimiatu
her aud occupied about three quarters
OF AN hour In this proceeding. lie
flashed up with these words; "What.
ever may have been tho differences IN
THIS cas-, agaiuat ono pary or tho Other,
or na affecting society, those people
have forgotten and forgiven, ana 1t II
against public pOlicy-iho prosecution
ls againIt public pOiicy-to take either
one or tie other before the grand Jury
or the trial jury anu submit them to an
examination which, n the uurpaao OF
tue invesll CATION Is carried out gnl
completed, might result in the breaking
Asuuder OF the bonds which have been
rB.uuited, putting ono Of tue parties In
the penitentlRry, aud nt least disRFnc-
Ing AMI discriminating tho woman.
Nov Is tho time 10 pass upon the quus-
uon.n
District Attorney Judd repllod-Tho
prosecution IA this case against Ma.
Mulvaney and Valentine TOT grand
larceny, M well Us for adultery, was
Instituted by the husband himself COM
iug aud a1klng the privilege Of going
15t0re the grand Jury anu tostifying,
which hs did, and those proceeding,
before the grand jury are now betofc
nr. | did not suppose that any que.-
ll0n OF this Kind would now be made,
Being myself Responsible for the prose- |
oltiOn OF crime in this Territory, | |
Am now salllllui ia my own mind that |
] di1 wrong In ever permitting this |
case to 20 before the grand Jury anu
ia ever recommending the Governor 10 |
Issue a requioition Tor the e1tradi,ionoi |
these people from tho stale OF Texas. / |
should have taken note more carefully |
than 1 did Of the ohArsuter OF |
people who sought 20 use tho
processes Of our c0uTlH and |
the expenses OF our Territory in sucb |
casoF. Hut feeling do6ite to prosecute |
all crime that was duly presented, 1 |
permitted thlu prosecution 10 20 10 tus |
extent it has. do not think that Inn /
authorities presented by MT. Variau |
authorize the conclusion whloh be |
seeks to draw, especially in the light |
OF the moTemOdefn idea Of the rules of |
testimony ~ u0utrastod with those |
Of the ancient common law. am NOT |
10 argue upon IL now. how |
ever, because It has been sprung upou
mo unAwarts, / viii therefore ask ne |
court % allow thia question to 10 over |
until tomorrow morning In order TINT |
/ muy examine into II. II Is impossi- |
nle Tor me 70 argue II now.
Attorney H., H. Rlrphapg in