Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-10-20
HE IS BOUND OYER.
L.Els /. Birmingham Held 10 The Dis.
lTiCi Court.
CHANGED o roRyIoArIos
ii,f adani nd nrs vcnaui ! raj Lived
Iogo hrhu wro Never
Mari Il

a csss. the details Of which are
wbolii u NJ Tor publlol,ion, was that
whioh occupied Justi,e Wenge's NJ.
enlion NJ this mornings ssesion ui the
puilcs G. ufi. ltwas that VI tue satc
W. LOWS Il. Bufninghsm, In whioh
Amanda Mcdaniel was tne complain.
Ing wiiots. The original complaint
chsfged the 90 undtng with failure 10
eipporl ala infant obild, his alleged
lispflng, tui when tue bearing was
called az touay, Assistant County AT.
torney Harrington asked leave anu
was srnntsd permission to change TIE
charge 10 one Of fofnlcalion.
After some ntile discussion and the
entrance Of a demurrer 10 the COM
plant ~ was slightly amtnded, rhon
Attorney Fralk Il. Marsei.s for the
10 onse entered plea Of not guilty,
and the htafing was begun.
AmAnla McDaniei was tho nrat
witness. She mounted the stand with
a nursins baOy In her arms and told
nof story. l. VS. to thu oneeg that she
settled ut sou atiiul about thfcs years
ago al when time she made the do.
feudAnpa acq usinlsnoe. She vas then
a widow with thrso children, her
husband having previously died In
the South. Tue defendant, she said,
had been very attentive % het during
her residence there ani uai o,sflei
hsf, notwithstanding Tho laoI that no
was hut Is years Of age, while the
witness was 81. Last year shu moved
TO tbis city and MT. Burninguam
moved with her, getting a hou,s for
her anu paying the rent u The
same. lie did not stop at her
house all the while, bul occ,
sioually made trip 20 B0untiiul
where his mother ftsidsd. She hal
moved Hfeunl good deal during tie
| uast year, snd her child was born Oh
November 80, ISIS, shortly alter htT
afnvai htre ffOm Bounuiul. Tho de.
fcudant had always held her out as his
! wife, although the marriage ceIomony
4
ever, had promised repeatedly that At
no distant date lac would make hor his
vile. anu the witness had always had
that understanding until the time
tnat she read IN the NEWS OF hi.
marriage TO another woman. Hs had
addressed her M Mr. Lewis L..
Birmingham, and when ho was 10
tue city ho stopped with her, both
living together ~ man aud wife.
Cad Mcdaniel, tho fourteen. year.
old son VI tie complaining witness,
tcetifod that the defendant had lived
with bic mother both la BOuntilui aud
Ia this city. lie made. his m0thef's
house q stuppipg.piace on divefs coca.
fions ~ until shout three mouths ago.
Then followed the testimony oil Mrs
Hanhab Gilbert, Mn. Ann Leasof,
Mrs. Elizabeth Lsakuf anu MIR. VeIAs
Wells. The three former testified "
tho PARTIES having lived togelheT aud
pased a. man aud vile. They Hlsa
stated that BurninghAm directed NJ.
lars In thu house when tue child was
J bora ON Nov. 80, 1876. Mr.. Wells L. a
toamstet an1 tostingd 10 having movsd
tho h usphold furniture Of Mfs. Nc.
Daniel rom the Eleventh ward In thi,
eiy 10 the First ward. Defendant
hiiud him anu paid hini tor tho work.
THIS olOssd the testimony Tor the
prosecution aud tue defense presented
W. SIDE VI the care, beginning witt
tue usfeudABt, Lewis L.. Birmingham
on the stand. He narrated tho cir
4 cumslAnoes leading up 10 bis hcquAint
, aneo with the woman, three years Ago
Mfs. Mcdaniel had mAie tho frsl al
vAncrmunls 10 HIM and had lufou hin
on IN his youthiulnsss 10 tho consum
nation OF his illegal relationship with
her. At uiveTe times he had hellel
her financially. He was q years o
I age on July as. last.
I Ellen Bufnirshau, the aged mother
OF tue deisndAui, was the next wit
netS' Her testimony was 10 tn
iiaei thst when Mrs. McDAnis
lifst settled In lliouniiiui, sue fslt I,
sympathizs with her, sue being
widow, anu olttlmss did she send hcl
. on u do chores Tor the lady And assls
! her Ia other way. due never dfesme
0 that any iniatuauln would gfuw uf
: between them. As the woman was oil
=, enough 10 be- ner sun's mother, out "a
i time tho Toy, who haa prior thercl
been Obudieut auu dutiiui, besau u
stay iiom home ~ night, and olc,
: she found him NJ tuu h0us,
Of Mft. Mcdaniel. Mrs. Buf
> ningham stalled that tue W.
: man welded fueh an l nuuurl
over her son that shs had loI hin
aslray anu caused him 20 DO dTAggt.
into the pftsont dittspuiablr case.
TINS defendsnPs Married sister Wal
> the text witness. Her testimony WI
substantially similar TO that Of Del
mother.
Counsel tor tue prosecution did mol
care 10 argue the cast, tut Atl3Tnti
Margtils Tor the Dc enso mad,
snort but pointed statement
Ito taid inst TIE present oas,
was oue OF = very unpleasant MATURE
lie tympstnlzsd with tue little innO
cent babe which lay In Ia mother
.fms, became He rtaliksd { at shout
Un cared iof auI cducsioi. Toe woman
IN the G., Q nv had nu sympathy tor
sue iAI gtaSn ayn.nf unwarj b5j
INTO Ltt c.uclts anu had NJ ugh
ahame hsd iiignco upon not ouiY h.
uuI 40 MS aged AHd vttl Ia m the 7
Asa nH tnv yuuur mRl wl6uli obfugr
@ iol. o. gAy tlh Up nau atttl
very ulWluly in bgviue auytulu.
20 vIh tLu W man ard o..
, frtatv.g On o. HHu hiA l.fs1u, bu
cared hat tho ilc.lon OF "a l,4tp
nH net u ng the ,ahtra.
ll.uulr ON tlu Hts..t|. runc Ipl / D.
Hu., tai IA Yer s0us pfoteot0I it
ihu cattuHti che uau Lo4td 90 ih.
: fouus llAu's matfl e. and tAtu,
ANuTu y MAffttiH declared, snn mai