The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-15
The BONNETT HEARING.
1t Was Closed Yesterday and
Mrs. Massey Was Discharged.
OTHER DEFENDANTS HELD
DEFENSE DID NOT PUT IN ANY
EVIDENCE.
Exhaustive Arguments ON a Motion
to Discharge-Carter and Duggins
Held in 5000 Each, While DIR.
McCOy's Bond is Fixed ut $4,000.

Held in $1,000 Each. While DIR
McCOy's Bond is Fixed ut $4,000.
The second day of the preliminary
Frank Carter, DIR. William Mccoy am
Mrs. Massey, charged with the murder OF
Eveline Bennett, was a wearisome GRIND
of argument and debate.
The court convened in the morning al
10 o'clock and the prosecution occupied the
entire morning session in examining its
witnesses and warding off objections fired
regularly by the defense at their testi-
mony.
The first witness on the stand was
Deputy Sheriff Fowler of Provo, who was
recalled to add to his testimony given the
day before. He stated he had had some
! doctor had told him Miss Bennett was
enciente when he called to examine her,
and that she had called to see him two or
three times before he went out to see
Thomas Johns testified to having seen
| Duggins, Carter and Miss Bonnet to-
gether at the theatre in this city on the
18th Of February.
CAME UP TO GET MARRIED.
Clement Bennett, brother of the de-
ceased girl, testified that his sister left
Provo on the 18th of February, and said
he saw Carter again the next day and
asked him where he had left Eveline, and
he told him she was al "Clawson's'' in
Salt Lake; Carter told him after her
death that he never knew there was any
! thlng wrong with the. girl, and that he
| had come to Salt Lake to get married
to her.
Mrs. David Bennett merely corroborated
Clement Bonnett's testimony.
y b. IL.
torneys King and Cash engaged in a
Wordy war in regard to admitting this
testimony. The. discussion waxed warm
and finally Judge. Harvey interposed and
announced that he had the floor and
The prosecution asked to have Maud
Massey brought into court again, as
they wished to ask her one question; an
oihcer was sent for her. and in short
time appeared with the girl Attorney
Gash endeavored to ascertain from her
what had been her mothers occupation
when they lived in Provo but the testi-
mony elected was not material.
William O'Neil was recalled. but he was
SO completely befouled in a fog of techni-
cal questioning that he could give no sat
lsIactory answers. although he evidently
tried to tell the truth in his own way.
At this point Judge Harvey adjourned
court until p. m.
AFTERNOON SESSION.
court opened by asking that the charge
against Mrs. Massey be dismissed be-
cause, he said. there had been no evidence
produced by the prosecution which proved
she mad been guilty of the crime charged
against her He further stated that the
girl ana Airs. Massey were acquaintance
and Miss Bennett had come to her house
without her knowledge and remained
there.
Judge King interposed here to state that
IN ADDITION to Judge Lochrie's motion, he
wished to say also that not scintilla of
eEIdence mad been brought out to show
tnai MIS-. Massey was guilty of any COM
phcity In performing the abortion which
resulted in Miss Bonnett's death. Judge
h1ng said: Il cannot see anything in the
testimony or circumstances that can con-
meet her in the commissioner the crime,
as II mad been demonstra ted"
ATTORNEY CASH OPPOSES.
attorney Cash entered into long
met Gnrent against the granting of this
ION, she was as much implicated as anv |
OF the defendants; that everything tended |
10 snow that arrangements had been |
H uIaue py Dugg1ns and Carter with Mrs.
Massey to convey Miss Bennett to her |
mouse, and there the doctors would he |
summoned and the abortion performed |
winch he said was DONE She might NOT |
De as guilty as the others, but her com
plclty in the operation was unoues- |
toned in his opinion, and she should he |
held to answer to the district court
lie said the abortion was not due to !
natural causes, and couldpnot have been
performed by the girl upon herself hut
was done by instruments by force and
by other persons.
MRS. MASSEY DISCHARGED.
At this juncture Judge Harvey took a
snort recess to enable him to arrive at
a decision in Mrs. Massey,s case. At its
conclusion, Judge Harvey said: IF there
was crime committed, the parties ought
to be punished, but ] cannot in my con
science find enough evidence to hold this
woman, so | will grant the motion for
her discharge
The long strain of anxiety which Mrs.
Massey has undergone since her incar-
ceratlon. caused her to break into a tear
ful and grateful acknowledgment, but
soon recovering her composure she
'mlled her thanks to the judge and her
attorney. Peter Lochrie.
OTHER DEFENDANTS HELD.
Attorney Houtz then moved that in
Ike manner, Frank Carter, Duggins and
DR.. Mccoy be discharged. contending
here was not enough evidence to hold
hem. John NJ Zane then attacked the
complaint. clause by clause contending
did not cover the case in question: that
t was technically wrong and wrong in
is intent. as no. proof had been offered
o snow that Mccoy, Duggins and Car
er had performed the operation as
'harged IN the complaint Almost the
y lance of the afternoon was taken I'D
" the reading of statutes and arguments
lpon technicalities. Finally Judge Hen
Ierson finished his argument. and the
ase went into the hands of the court
In reviewing the case, Judge Harvey !
aid he did not think there was any
oubt as to the proper complaint having
'een issued, "In deciding the case, the
Efficiency of the evidence. to me is one
f serious obligation I think there is
nough evidence in this case to call for
n explanation from these defendants.
NE motion to dismiss the defendants is
verruled. and they must be held to s
Tait the action of the district court.
BY agreement of the prosecuting at
orneys the bail for Duggins and Car
er was fixed at $1,000 each, and DIR. Nc
'oy's bail was fixed at $1,000 as he was
ntirely unable to get bonds in the sum {
f $780, this was granted, and all three :
ill probably be out On bonds today.