Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-02-19
Tho Second Jury Fails 10 Asras IN
ibo r, n. Sawyer Case.
nAcEaAS DEAN ACQUITTED.
Wv" Jury Matters Before Chief Jus.
tieo Merritt; A Bin for
Merchandise, Etc.
Judge Batlch has been occupied
with tue crlniunl al,a.ar coo day.
AdAiN FAILED TO AGREE.

| N-' f'''" y NHlNAAu. r. NAs
lawyer on charge of fJfnloatlou,
c''es INTO cJus. thls morning and an.
n1lncoI that they were unable 10
aEtoc, Judge B,flch therefore dl.-
charged them aud directed that the
e.i-HJant be released on bis own
',c9fuizancus. The oiiuuso was alleged
TO have UcuI committed with Young
LiH na1ei Louise Fowler This was
'ho deisai"npI second trial on tho
same charge, the former Jury having
allo disagreed. The probability IL tina,
no'hins IA 20 viii now be heard OF tho
case, 90 tue prosecution exercised its
utmost effort on tho pr,sont occasion
= secure q conviction.
DEAN, uiE IiACEarAN.
The trial Of Cal l.. Bean, local
hickman, was taken up late ycitetday
sLernOOn. The charge Is battery, al.
l.goi to have been committed upon
hlf+ Alta a. Costello On the nj llt Of
August 20, 1894 Tho case comes here
on appeal from the police count, where
Bean was found guilty INA lined 500.
Attorney +. n. Lewis defended.
Ma. Costello now testified that shs
reached salt Lake from Ogden on the
evening OF August 2Jlh, aud engaging
Beanie bach, told the duIeuianl TO
drive her to A. south First West street.
Instead Of doing 90, however, he drove
south on the east drive, Tor distance
" about three miles, anu then, put.
ting out the llghtp, came and opened
tho carriage door and caught
her by the wrist. Sne said "ff
you know what you arc doing you had
better get back and take mo TO my
destination; u you dou'l, l viii
scream." Bean laughed and sale;
DWELL, scream II you want T.; nobody
will hear you anu It won't do you any
good, as TIA ere are no houses close. -
just then "a carriage drove mast and
Bean Jumped back upon his carriage
anu started % drive on. A short dls.
thucu further on Mite. C0ttell1 saw a
light aud asked Bean q let her out,
stating that she wanted % get a Iful.
"Woll, said he, ~ will let YOU ont IL
you viii promise 10 come bagk.1 She
promised, but when she got IA the
mousse she told q lacy what had han.
peuel, anu they went out 10 the hack
bgelheL She then told Bean that she
would not 10 any iuftnsr with hin,
he Insisted, hut she refused, aad sbg
thuu HslrI Bean how much cue
owoi him. Nc replied g.. "But
you told me you would only
charge me % cents 10 nkp
mo 20 any paft OF the ci.y,n sho salJ.
"lus," Bean sail, "uut We are now
out vi the city limits auu ] charge Won
90 cents per nile" She then handed
MIN 90 cents auu no refused b deliver
her baggage, saying no " uid hOlu Ii
until thu paid him. She called him "A
villain aud said she would see that hy
was punished Tor his treatment OF her.
after which hc returned her baggage.
bhr then took aotf anu reached her
uUt nation 10 midnight.
MIS-. 4. Howell, al whose house Mrs.
Costello stopped on the night iu que..
non, COft0Dt 'atud Mig. Costello AS 1,
hu- stopping there uul taking car,
bu. ttatgi that AIrs. Costello told ner
tIAt her friends lived on Twelfth
south street, winch was subsequently,
found 10 be- q mistake.
The prosecution rested az $3.50, and
court then adjourned until this morn
Ing.
The defense opened this morning,
Attorney ID. q, EiuhnUE VINO appeared
~ prosecute tue case In tbs lower COuft,
being tho Tbt witness called. The uU-
let sought was tOimpuach Mrs. CasieI.
w. who testified yos,crduy; and some
little was accomplished IN this uiluc.
lion.
The Defendant then took the stand,
lie gave bis version VI the affair, from
Inc time Of the lldy's arrival by train
Iu tnu night Ia question until tho
.ltt VI tle alleged occurrence. lie
.cHtlilcd tnnt a gentleman put Mrs.
CASTILLO iut0 his hack AT tu1 depot aud
gave im the address 20 which he was
10 JTlyu u4L This hu understood 10 be-
twniltn South Aud Fiuy West. Upon
4Unln south aud West
iemplv MS passenger called upon him
10 stop, HnJ he Immediately uId ~.
mo opened tho door anu ROT out, ask
ug "Whgru IN i2n Hu told her
'Uuplo OF blocks rom her destination.
She gUt into t.u carriage again, but u
moment or two later called 10 him,
Wait a moment; 1 would like 10 have
drink OF water" sho again alighled
rom the hack, went over 10 q house,
ttIfntd with some ladies anu said sac
would not 80 any farther, Tue ue.
endRut denied having IN any way
tue complainant, SAID that
ne did not upbraid him al all VI call
lin ga villain" m the presence OF The
ther ladies. lie ut no time during
he drive got OH tho boot Of the hack
util they reached the house, anu II
5as not true that he touched Mrs.
'aslello's hand at any stago OF tho
Iurney.
q. ". Robinson, hack driver,
'stlfpd that Mrs. Costello came
10 10 his hack, near tho liio
.mnde Western depot, on the night IN
IesuOu. She told MIN she wautrd 10
% O. Twelfth South mad FiWt West,
n. there being a passenger then IA
10 conveyance, Hhe went up 10 the de-
meant Bean. J. T.. EOkors, drug
st, Fred NJ. pimmt atsiTest car
Iot1rmnn, and other witnesses wrrs