The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-05

PROVO, May 4-The divorce case of
Hager Singleton VS.. Albert Singleton
occupied Judge McCarty's time today
in the Fourth district court. The case
involves some very technical law points,
and has been fought hard by both
sides. Sam A. King and John NJ. Zane
appearing for the plaintiff, and Thur
man & Wedgewood for the defendant.
1t appears from the evidence that Al
bert Singleton married the plaintiff as
a polygamous or second wife, he hav-
ing d wife living at the time. Suisse
oUently. the first wife procured q di-
vorce, and Singleton then went to live
with this plaintiff and continued to do
so until about one year ago, when the
defendant procured a license and mar
Tied one Mamie Clark and denied that
the plaintiff in this case was ever his
lawful wife, and abandoned her, but
continued to assist her III a financial
way. This case was started in the
summer Of 1885, or after the marriage
with Mamie Clark. The plaintiff mar
ried the defendant in the endowment
house in October 1889. The first wife
procured q divorce on December g..
1856. and the Edmunds-Tucker law was
passed in March 1887. The prosecution
rely. principally. on the defendant liv-
Ing with plaintiff and holding her out
as his wife, between December 9 and
March following, which would make
a common law marriage and has been
so construed by the courts of this
state. In 1889, Singleton was arrested
and bound over to await the action of
the grand jury for fornication. The
grand jury ignored the charge, and a
controversy took place between the
prosecuting attorney, and Judge Judd,
the latter holding that no case could
be made out Of it, because the marri-
age would be construed as a common
law marriage, and a man could not
be punished for a sexual crime with
his legal wife, and a common-law mar
rage would be as binding as a union
pronounced by a clergyman. A great
many witnesses were examined both
for and against and up to the time of
adjournment the case had not been
submitted.
LOCAL NOTES.
A. D. Holloway is in from Mercur
spending a short time with his family.
Thomas Morgan, until recently sub
1ect of the queen of England, now a
resident of Goshen, was admitted to
citizenship.
Deputy United states Marshal Henry
returned from Uintah county last
evening where he has been for a week,
subpoeaning witnesses to so before the
United States circuit court.
a. V. Greer, of Springerville, Arizona,
a man about 81 years old. died here
yesterday of pneumonia. The old
gentleman came here on a visit short
time ago A brother Of the deceased,
residing in Wallsburg. was notified and
his arrival is awaited before it will be
decided where to bury the body.
The Annie Mining and Milling COM
pany held its annual meeting Of the
stockholders today at 10 o'clock. a. D..
Cash was elected president and direc-
tor. Dr. a McCurtain vice-president
and director. and S. A. King, r, D.
Swazey and c. H. Wood as members of
the board of directors; H. T. Thomas
secretary, Herman Martin treasurer,
and J. NJ Davis manager The reports
Of the officers for the past year were
highly satisfactory to the company.
The property, which is located half
way between the Mercur and Sunshine
mines. is in better condition today than
1t has ever been before, and at an
early day the company expect to erect
a good mill on the property.