Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-05-11

| should remain in school. Heating
| nlso ssid he WAS there ut the request o.
| Mr.. Gflflin, and when asksd 80 hesls',
| he made O statement 20 witness, ssyl
that Mre. GrIfii h,w at him like
. tiger and that, OF course, he
| hhd to defend himself. Heating APP
| peared TO be perfectly civI', although
| excited. The child, on being taken
| into lie mothers arms said he
| did mot want to be taken from
the schoolIoom-he wanted to re-
main at school. Witness saw no
| violence on the part OF Heating.
| On Del cr1s-8xsmlned witness
| s,ut.d thai he was in the hall about
five minutes. Saw a cut on the bridge
OF Mrs Gf,fli nose. The wound was
bleeding. Knew not what caused II.
The blood was flowing proiuseiy and
| dropping from her face.
THE JANIToR's VERSION.
Augusta A. Nordvall, ianitor ami
| special office at the trainiug school,
next testified for the defense. Heard
| Harvey tell his mother that he wanted
20 etay at school. Keating, when
| noticed by witness, was standing still,
althou h talking In an excilable man
ner. Prof. Mcknight wanted the
parties arrested. Wit ess swore to the
complaint against Keaticg.
CAPTAIN EsLINaER.
Police Captain Eslinger was called
| as witness. Said that Mrs. Griffin
Gale upon him WITH regard to get.
| ting her boy from tue training
school. Thought II was the Jay be.
| fore the trouble. Mrs. Gr.f1ip wanted
a a. t,,t k.,f
| witness told her that the police de.
| phrtment did not care to interfere In
| The matter, ether than the serving OF
| papers or work OF that kind.
DEFENDANT ON THE STAND.
Jsmes J. Kesting the defendant.
| testified that he had been in Mr..
| Grf1i US employ for about year. He
was authorlZ1d by Mr.. iii q to look
after the boy, anu In doing eo took him
to school and back again after school
hours. Ga the day In question wit
meas noticed Mrs. Griffin's arrival at
the school. He went up to her when
she was taking him away and remon-
strated with her telling her that the
| boy was to remain at school-that his
fathers orders were to that effect.
Mrs. Gnf1i insisted on taxing tn q
boy AVA, although Harvey wanted
10 remain in school, anu
led up to the setfil Witness did
not strike or assau. .Lrs. Gfiffi dur
ing the trouble. h. pleaded with her,
but she became wrathy and struck at
him, also threatening to kill him, If he
did not cease interfering. Witness
held the woman from taking the boy
away, but did not resort to violence.
Her iali was cccasioned by q slight
push from the witness, which push,
however, witness did not think lorce-
full enou h to cause her to fall. Was
quite willing to allow the boy TO re.
remain at school, but did not want
him taken away. Witness's purpose
in being there was to aid in keeping
the boy at scnool ami to allow no one
to take him away. Was in his forty.
eighth year.
CRoss-EXAMINED.
On cross.ex AlnIuation witness test!-
fed that he was employed by Mr..
Griffin as "stabie msn." OF receuI
years his occupation had been that o
"groOmet" OF hOrses. He knew
Mrs. Griffin aud understood that chi
was the wife OF Mr.. j. IL. Grfh Tn,
boy Harvey, 30 far as he knew, was
; used no violence 10 Mrs. Griffin, no
did ne choke her as had been formerly
, testified to. He simply attempted t
3 prevent the woman frsm taking tn
boy away.
THE OTHER CASE SUBMITTED
The evldeAoe being all In, Judge
LOofb1urow expressed his desire t
! nave similar charge against MI
Heating submitted on the same testi
moDy, which ON being coocurrei IL
by the prosecution, was ordered an
allowed.
, WHAT THE COURT THOUGHT.
Justice WengeI III summing up thu
testimony thought there wassutliu leu
evidence bsfOre the court 10 justify
finding Of guilty. Had the quar-,
arisen between man aud vile ovuf tn
|, possession OF the child, the court c)ull
have looked upon II as tamil
4 quarrel and found both guilty or di,
charged them as 1t saw ft. But tn
= interference OF an outside party
a whether authorized by the father {
9 not, was no Justification in the case q
bar. II was pure case OF battefy an
. an aggravated one at that, therefor
the defendant would be found guilt
and fined In the sum OF 500, while /
the other case he would be found M
n guilty and discharged.
e TO BE APPEALED.
. Judge Loolbourow for the defens
e gave notice OF an appeal to the distri,
| paurf