Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-10-26
Charged With Performing a Criminal
0p.fllIOn on Miss Bonnet.
Defendants TRIED SEPARATELY.
mis-. Bonuelps Aged Mother and Her
sister In the Witness B0x -Lx.
pert It's imonj.

case a. related ut that time were re.
cited sbout a. follows: That
one Frank Carter anu Sim Dug
gins brought Evellno bennett,
aud secured the services OF Dr.
Mccoy 10 procure abortion TO
hide Carter's crime, During or
after the operation It was charged that
Miss Bonnet died In this city. The
body was afterwards exhumed and an
examination made which led 10 the
arrest OF all Of the alleged participants
In tho crime and they were bound over
by Justice Harvey to the dls,ric, court.
The indictment by the grand jury i'm.
plicAtsd Frank J. Carter, Sim Dug.
Gin. (who is accused Of having assisted
Carter In procuring the doctors ser.
vices), VIM. Mccoy and II. :. Hicks,
VINO were oil implsaiod together.
SEPARATE TRIAL.
Al tho last term Of court Mccoy
| asked fora con,inuanoe u bic trial on
o.. grounds put forth Ia the following
nfiidHviii
II am one Of the defendants In tue
| allows entitled case, aud 1 am charged
/ In Indictment Nc. ~ with the murder
of one Evelinr Bonnet, aud IN indict.
ment No. 81 with having procured nn
! abortion upon ihesaii Evelinr BOnncti,
all VI which viii more FULLY DO shown
| by reference TO said indictmopis, to
which 1 hereby TeieT. have fully
anu ialTiy stated tue facts IN zach u
said cases 10 John NJ. Zane, Eco, aud
TO y. T.. Woodf, Eq, NV attorneys,
anu from said statements l have been
advised by them that nave q good
aud sufficient defense 10 each Of said
Indictments upon thelr merits. Said
indictments were returned IN court
Ann 10, 1896, aud was straigned
upon each OF said indictments Aprii
Is, 1850. ana pleaded not guilty thereto.
| Will anl do claim u separate Trial
upon each Of hAid indictments. anu
my affidavit tor u continusnc OF SAID
cases Il not made for delay merely,
hot In order tns, = rnny fsisiy art fui.
| ~ present my evidence TO tue court
and that justice may be done. There
mas been much comment In the news
papers anu general puOlic discussion OF
The LEGGED iacts concerning my con.
nccilOn with the matters anu things
touching pni concerning each VI
the indictments herein named
and Touching and concerning my
alleged connection with the same,
when public discussion has greatly
pteludicsd tho public against myself,
And on account Oi thAt fact l have
been unable ~ properly prepare for my
trial, ind will not be able TO do ~
daring the present term Of this court.
anu informed and believe that the
prosecution will attempt /, show that
performed u criminal abortion upon
tue body OF tho said Evelino Bennett.
On the TRIAL OF the case II will DO ntcts-
cary for me, In order 70 fully present
my defense, 10 have tho tesiimony Of
csTiain exooH witnesses OF the
medical profession 70 give their
opinions upon the evidence aud
circumstances OF the case. Their opin-
ions will require 10 he formed with tbs
fullest presentstion OF tue facts aud
circumstances 10 the said expert wit.
nesses aud with the fullest investlgu-
ton by them into thu facts anu thu
medical authorities applicable thereto.
And II IL also necessary Tor the said
expert witnesses to know aud under.
stand the physical condition OF said
Eveline Bonnet prior 10 the time OF
gAld alleged abortion, anu prior to bef
coming 10 the city Of salt Lake q shor,
Tins before her alleged death anu
while she was residing In tho city OF
Provo. That owing to the fact OF this
public discutsion Aforesaid and the
incorporate language used by IT..
public press aud by puolic meetings
agAinst myself IN the city Of Provo, II
has Teen impossible fot mo 70 ascertain
too facts Ia regard TO her previous con.
dition. That without such evidence Of
said expert witness. which testimony
II given 1 believe won.d tend 10 ga.
oneraie me from these charges. am
not safe In golDg 10 trial. Upon ths
trial Of this action desire 10 nave the
attendance as awilnesa Of Or. II. 3.
Hicks, who IL now ia the city OF sAll
LaSe tul who ls 10 sick that his al.
tending physician has notified me that
Il IL impossible To have HE attendance
IN eouTl nj this present term, but that
his attendance may be procured at the
next term Of court. ! am Informed
anu believe that the said Hicks. n
present Mt the trial, would depose that
no was called In oOHtultaiiOn with mt
Pin regard 10 the said Evelino Bon.
nett when sho was my patient. Thai
no attended upon her IN company with
myself twice, that he saw nothing IN
the circumstances or IN the condition,
surrounding tho said Eyelins Bonneti,
or from my language or conduct tG
indicate that had beon guilty
OF procuring any abortion upon
the body OF taid Evelins Bonnett
That his Inference was ~ n CON pete nj
medical expert that did not produces
/ any abortion, or do OF perform any
, criminal operation upon the sail
! Eveine Bonustt. That the attendant
, upon said Hicks absolutely refuses 10
permit him at tue present time 10 bl
subjected TO an examination In Iakin |,
his deposition for uso upon thls trial
anu l cannot safely 20 10 trial wiiho vi
tue testimony OF said Hieks, anu hs
believe that at the next term OF thil
, uouTt eau have him present. 1 an
informed aud believe that the prosecu.
ton will claim that one Sim Dugglnl
aud one Frank Garter, on tue l7lh day
II February, 1898, came to salt Lake
, CRY with the deceased Evellne Bon
. nett, ami that the said parties caused