The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-05

the examination anu ciOS3S-S@a AilaiidN4o.A
of the defendant, Thomas Kearns,
which commenced at 2 o'clock in the
afternoon and closed at SIS. at which
time court adjourned until $3.50 O'Clock
this morning. The other witnesses ex-
amined yesterday we're William a
Langford, Miss Margaret Kearns. Miss
Lizzie Judge, Detective sheets and De-
receive Raleigh, all for the defense
The examination of Mr.. hearns closed
the case for The defense, with the eN-
ception of one Witness who will be
put on the stand this morning to make
formal proof of some minor point, and
which will occupy only very few
minutes.
1t is understood the plaintiff has
considerable testimony to offer in re-
buttal; however. it is very probable
the evidence will be all in this after
noon and the arguments will likely
occupy Wednesday.
CORROBORATING TESTIMONY.
Yesterday nao4ning William A. Lang
ford, conductor on the Utah Central
railroad, testified for the defense that
on May l, 1896, the train from Park
City TO Salt Lake arrived at 5:25 2. m.
The regular time for its arrival is 5:35.
Miss Margaret Kearns, sister Of Mr..
KearuG, said she was in Salt Lake on
May I, 1896. Mrs. Kearns left the hos
pital Oh the Thursday prior to May l.
Witness cOTT0boratetl the testimony Of
Mr.. Keith, Mr.. Weber and Mrs. Rearns
as TO Mr.. Kearus driving from the
Utah Central depot in the same car
riage as Mr.. Keith, Miss Maggie Keith
and Miss Bailey and getting out Of the
carriage at the Walker House and
walking 10 the Cullen hotel with a4rs.
kearns. Miss Judge. Mr.. Kearns' little
boy and witness. She also fully cor
Toborated the testimony about Mr.
Kearns and the party going to the
theatre that night and his movements
the next forenoon.
Miss Lizzie Judge in reply to Mr.
Dickson, gave similar testimony to the
preceding witness.
Detective Sheets, recalled, in regard
20 the talk he had with Mrs Kilpack
in April of this year said that Mrs.
hllpack had told witness that he was
trying to shield Hobbs and that she
had letters to show that Hobbs and
her daughter Euia were married and
that she believed that Hobbs was
using her daughter to blackmail
Kearns.
Gross examined, witness said he
never tried to get anyone to hire q
room next to the Kilpaeks, from which
heard anyone mention such a thing.
Detective Raleigh remem oered Hobbs
being arrested on A prlf 26 on q charge
of Matchmaking Kearns. Letters We're
found on Hobbs person when he Yas
arrested. One was sealed and directed
10 Mr.. hearns, and witness opened il
in the presence of Hobbs with his con-
sent In conversation with Mrs. XIII
pack witness did not say to her thai
81 this suit was filed it would ruin her
and her family and that kearns, being
q ricn man, could hire the lowest char
acters in town to swear against hel
daughter. Mrs. KiIpack told witness
shat Kearns had given her So out OF
charity, and that they we're so poor
they had not money to buy milk fo9
the baby and didn't have stockings IL
wear, She also told Witness that she
believed Hobbs and her daughter were
married and that she had letters which
showed they we're married. She alst
said that she believed that Hobbs wac
using her daughter to get money GU
of hearns. She told witness tina.
Hobbs had told Mrs. KilpaelS to SEE
$500 from Kearus and that jf she ,Jj60f
get it he would kill her. Witness dft
not tell Mrs. Kilpack that he anC
Raleigh were representing Mr.. Kearn.
in this matter.
THE DEFENDANT TEsTIFIEs.
Thomas Kearns. the defendant. ex
anined by Mr.. Dickson, said he wen
TO live at Park City in July. 1888
worked as miner at the Ontario il
July and August. 1883 Knew the plain
tiff, Eula Wray; first saw her at TIL
Silver King mine. She came there witt
another lady to look through the min
and WIS introduced to witness by Nj
Wall Had no conversation with he
then That was on April 8. 1896.
When did You next see herr"
Some time between July 10 and l
of the same year, at the gate of m,
residence in Park City. I was in tn
front room and my wife called me out
saying a lady wanted TO see me. NJ
wife was on the lawn and the girl wa
standing outside the gate on the step
down 10 the sidewalk. She asked m
If / didn't remember her. and I told he
l didn't think I did She then said sh
had been introduced to me at the Sill
Yer King mine. She asked me for nror>
for her brother and I told her he Woui
have to call at the mine and take hi
chance of q job with the other men,
Witness said he then turned into tn
house and did not see her go away, an
did not know whether she was ioine
by a man or not: had q faint recoNec
ton of seeing q man on the other sid
Of the street While he was talking t
her.
When did you see Hobbs f1rst?n
A few days after Eula Wray Gale
on me. He came to me in the street a
Park City and asked for work; said h
had to have it; that he had got int
trouble with a girl and would have /
marry her and that he hadn't a d.
cent"
Did he get job at the mine?''
No
When did you see him again?"
About July 10. three weeks after
saw aim before. He stopped me in tn
street and asked me what about tha
job. He was driving a coal team an
/ asked him if he wasn't working. Il
said it was only an extra team for
few days. The girl, Eula, was on III
wagon, and ] asked him Il that was I'll
woman he was in trouble with. He sal
1t was. but that he Wouldn't marry he
because she had been running aroun
with Graham and others
Where did you next see Eula Wray
In the police court, when Hobbs ha
his examination"
Did you see the girl any time Q
May l, 1852"
i cid not"
Did you come from Park City c
that date?"
yes
Was she on the train?"
Not that 1 know Of; I didn't 81
her"
Did you ever see her on any trai
and talk to her?"
No. not 10 my recollection
Who else was on the train whe
YOU came from Park City on May ?''
"Mr. Keith. Mr.. Weber. Miss Keit
and Miss Bailey were the only ones
noticed that l knew