The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-27

nc IdEI'rdctlce case by which Miss
Eveline Bennett of Provo, young
lady Of respectable family, lost her life.
was taken up in Judge Hiles' division
OF the Third district court yesterday
morning. The details of the affair are
yet fresh in the mind Of the public. The
facts, as claimed by the prosecution
briefly stated, are that on February II,
1896, FRANK j. Carter and Sim Duggins
brought Miss Bennett from Provo to
Salt Lake city where. it is alleged. they
procured the services of Dr. William
Mccoy to perform an abortion After
the operation on February is the girl
was taken very i'll and died at the
home of Mrs. Massie on First West
street in this city. The body was taken
TO Provo and there inferred. but a few
days afterwards it was exhumed and a
medical examination was made which
disclosed the fact that an abortion had
oeen performed by some one, and it
was freely stated that it was done at
the instance of Carter and Duggins to
cover Illicit relations which it was
Claimed Carter had with the GIRL.
The result was that DR.. Mccoy, S.
NJ. Duggins, Frank j. Carter and DR..
h ). Hicks were indicted for murder
and also for performing an abortion on
Miss Bonnet. In the latter Indictment
the four were implicated together, but
demanded separate trials. The cases
were continued at the last term of court
on the grounds that the defendants
were not ready and yesterday Mccoy
was put on his trial with County At
torney Whittemore and Assistant
County Attorney Eichnor prosecuting
and Attorneys f. z. Wood and H. c.
Edwards defending.
ONE DEFENDANT DEAD.
Since the indictments were returned,
DR.. H. S. Hicks has died, SO that the
prosecution is deprived of his services
as witness; and if he was guilty of
the crime or an accessory; he has gone
to the highest court to answer.
After the jury was secured the prose-
cution opened by placing Mrs. Bennett,
the mother of Eveline, on the stand.
She identified a photograph of her
daughter which was taken about two
years ago. She testified that when her
daughter left home on February II
she was in good health.
Cross-examined by Mr.. Edwards,
witness said her daugter was by no
means a siclSly girl and was always
healthy. Her father was opposed to
her going out to dances at night and
the two therefore did not agree on
that matter. Eveline stayed at home
mostly at nights and was never away
except by the knowledge of the
witness.
MRS. FLEMING.
Mrs. Celia Bonnet Fleming, sister
of Eyeline Bennett, testified that she
saw the deceased on the Thursday
previous to her coming TO Salt Lake,
which was about six or seven months
ago. Witness did not live at home
recently, but saw Eveline probably
once a week and her health was al
ways very. good. Witness identified
the photograph of Eveline. Knew Frank
Carter, who accompanied her sister
out several times. Knew Sim Duggins,
but had never seen Eveline in his COM
pany.
On cross-examination witness testi-
fed that Eveline did a big washing
the day before she came to Salh Lake;
SO witness was informed.
Upon objection of Mr.. Whittemore
the testimony regarding the washing
was stricken out as hearsay evidence,
and it was so ordered. Continuing,
witness said she would know of Eve
line having come away from Provo at
any time. Deceased came up on an
excursion to Saltair in the fall of 1895
and stayed away two days. Did not
recoliect Of her sister having come
home from Salt Lake upon another
occasion saying she had missed the
train on the previous evening and had
been obliged to stay overnight. Eve
line never worked overnight fon DR..
Allen of Provo.
POST MORTEM.
DR.. Samuel H. Allen was called for
the prosecution and testified that
he was a practicing physician and sur
geon in Provo. Witness knew Eveline
Bonnet and saw her alive for the last
time about five weeks prior to her
death, and she was then in apparent
good health. The next time witness
saw deceased was on March 5, 1896, in
Berg'S undertaking parlorS in Provo.
Witness made a post mortem eXamina-
ton, concerning which DR.. Allen gave
expert testimony showing that an abor-
ton had been committed upon the de-
ceased prior TO her death.
The cross-examination of DR.. Allen
was conducted by Mr.. Woods for the
defense; but the testimony which the
physician gave for the prosecution was
not at all weakened by the ordeal.
MALPRACTICES.
DR.. Fred w. Taylor was called by
the prosecution and testified that he
was a practicing physician of Provo
and assisted DR.. Allen TO make the post
mortem examination on the body OF
Eveline Bennett at Coroner Berg's
premises in Provo. DR.. Taylor de-
scribed the conditions which he found
upon this examination, as had DR..
Allen Asked as to the cause of the
conditions which he discovered, the VIII
ness gave it as his opinion that an
abortion had been committed. and that
the conditions discovered had not been
the result of natural causes.
THE DECEASEDS BROTHER.
David ]. Bennett said he was an at
tendant at the insane asylum. Was a
brother of the deceased, Eveline Bon
nett. The last time he saw his sister
alive was on March l at Mrs. Massie's
house on First West between Second
and Third South streets in this city.
Frank J. Carter telephoned witness TO
Provo that Eveline was sick and re-
quested witness to come up at once.
Carter said she was not dangerously
sick Witness came at once and found,
however, that she was very sick in
deed. He found Mrs. Massie and her
daughter at the house and witness saw
DR.. Mccoy and DR.. Noyes there. Wit
ness wanted to go and get some other
doctor, but Mccoy told him it would
be useless to get any other medical
assistance as nothing could save her.
She was very sick and died later that
evening. Mccoy said il was very
severe case of peritonitis. Witness
talked with his sister and she was
ro,, Scio11S Meow "a ther forbid the |