The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-09-25

Sommer ard ". r. Hutchinson, and
Nfr, Eearns was represented by Nessrs-
c. 8. Variau. ". n. Dickson. a. c.
Ellis and A. &. Ellis. jr
The suit was filed on April %, and
fhe plaintiff alleged that on May l, 1896,
she was Il young unmarried woman IN
der the age Of IS years, and on that
date 2lr. Kearus she claims, took her
TO the Cullen hotel and ssduced her On
Jan. 20 Of the present year the plain
tiff became the mother OF a boy baby,
of which she alleges Mr. keaTns is the
father. She further says that she, by
the alleged act Of Mr.. keaTns. has SUI
fered great mental pain and humilia-
ton, and has been ostraciSed from Sc
ciety, and ever since and at the time
Of the films Of the sui was unmarried,
and has had Il hard struggle Tor an ex-
isilenCe foI herself and her chld, under
the most adverse circumstances, On ac-
eCurt Of ali 0f which she claims dam
ages IN the sum Of $4,000.
Nir. kearHs, answering the complaint
OF defendant, denied, ca information
and belief that the plaintiff vas y
97o0nG unmarried woman Of chaste and
VirtuOuS character. he also denied hut
an May /, 1876. or at any other time at
the Cullen hotel OF any ether place, he
aeiuceG Miss Wlay. or had any con
nectiUn Of the kind with her at all
And further he denies that through
any act CT his tha plaintiff suffered
mental distress less Of character or in
any other way Vas injured ny him.
Fence ne ne2ys tn he dismissed
The trial W9s vel on in tha after
noon belore . jury satisfactory 10 both
sides Was obtained. The examination
OF the talesInea Wes very searching and
q great man. were excused fer cause
and hoth SIDES exercised their fun quota
Of pereniptoTY challenges.
THE JURORS.
Finally tha following eight men were
accepted and sworn to try the case:
joseph Gr0esbeck, elsa r. BothweH, s.
=. Miner. " F. Hills. a. Greenwaid
John & SEith, j. 7. Cahoon ana y.
II Evans.
On motion Of MI Dickson The wit
nesSss FOR both sides, except the Uae
On the stand. were excluded from the
court room while the testimony was
being taken
PLAINTIFFS OPENING STATE
aIENT.
Attorney ". r. Hutchinson made the
CpenipG -ssateE6Rt Tor the plaintif,
stating IN Substance tG1t-he expected
TO pr0ve that Oh the uighl on witch
the act complained of was committed
Mr.. Kearns invited Miss WraY 10 go 10
the theatre WitS him. lie. however,
GAEASgQ L-I-AELll ALiII e-4LlA-- tUL Ai-D-
VideE tickets Ter her and sac went
alone. After the Performance she. re
turned 10 the room a the Cullen hotel
which Mr. kearns had taken her To-.
kearns there Joined her, and by the
rlGftery persuasion and WileS OF man
Of the weYld and promises OF financial
aSi5tance. irduced the plaintiff. a
young and u1s5LliSticated girl. to ac-
cede 20 his desires, and they spent the
night tngether ~ the hOlsl, occupying
the same couch. The next day the
intimacy was renewed and th- result
was that 4 child VAS born aud Miss
Wrays reputation was irretrieva bly,
gone. Flor this his client sought con-
pccs3tiOn in the sum Of SO 600
MISS wRAY TELLS HER STORY.
Tha first witness called was the
plaintiff, Mss Euia Wray. Examined
By NJ. Hutchinson. she said she Was
born in Mississippi in November, 1875,
He- father ard mother ard herself
moved 70 Utah in 1850. Her father was
q school teacher at MaiisYiIle. this
state, for about five years. He died IN
1884 Witness went To school a Walls
vile and fer 4 year attended the ac2d-
envy At Provo and afterwards Wen: 10
the University Of Utah IN this city. she
quit school because her mother was
poor ara witness had to so to work as
q domestic. she Rad six brothers and
sisters. Witness during the spring Of
1885, Was employed al Park City in the
family Of Mir ana Mrs. Lamb Went
10 Park City in uae string Of 1875 ard
remained until June, 1896. Me- the de-
fendant IN Park City IN March or April
1856 a. the Silver King mine. She
went 10 the mine with friends Miss
Jane Ford ana AIR. Wall, who went
there 50 see the mine. and she was
introduced 10 Mr.. kCGTls on that &C.
Atff-r7or-- % -.rr
IN Park Ciry. with whom she stayed
when not Wcrldng out.
\ Few Gays after seeing Mr.. zhearnS
at the mine witness met him on the
street a PARK City ard several ether
times she saw and talked with him.
she came Tr2m Park CITY TO Salt Lake
on May !, 1885, 10 see her mother. who
VAS sich. Met hearns on the train.
de occupied z seat by her and talked
about society people in the Park and
asked witness if she knew anything
about the private lives and doings of
those people lie proposed that they
90 70 the theatre in salt Lake chat
night and witness told him she had %
60 home to her mothers. He sug-
gested that her people didn't know she
W2s coming and that she could go 10
The theatre and stay az the Cullen
hotel that night. He told her the play
was good one and she finally con-
scented. They GOT into a hack with a
Mr. Weber and drove 10 the Cullen
hotel. kearns, however. got ont of the
hack at Third South street. saying
that somebody WAS calling him in the
streSt. She went to the hotel with Mr..
Weber and registered as Miss Ray OF
Beber," by Ny. Kearns' suggest don.
spelling the name Ray" as he told
her They arrived at the hotel about
$3.50 il the evening.
The hotel register of May 1. 1896. was
shown TO witness, and she pointed out
the place on the book where she wrote
fser name II Was preceded by the
mama Of Thomas Kealns. On the line
where Miss Wray said she registered
there was an erasIre and the name
OF James IaVal0e- Col.,' written over
it witness said she was assigned TO
room SO and occupied that apartment,
which was the number OF the room ap-
pearing on the register opposite the
name Of 'LaVake-' BY the aid Of a
magnifying glass, it was claimed by
the more keen-eyed that the lines Of
the name Miss Ray" could be traced
beneath the name 'LaValSe'' Il was
also claimed that two erasures had been
made on the register. First, the name
Miss Ray, The plaintiff claims was
erased and in its MACE substituted that
OF James Laconb- Then ''Lacomb@
was scratched out and 'Lawase" writ
ten in. The cash book of the MOTEL was
also produced. which showed that on
Nay Miss Raw had Maid 50 fa- her