The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-08

lUDuS.
Counsel then took up the portions of
! the testimony going TO show that the
plaintiff had not been a virtuous girl
( when she alleges the act with Kearns
! took place. The fact of her being en-
| gagged to be married to two men, Ora
! ham and Hobbs, and meeting another
one, Long, at the hot springs and hav-
! ing, according to Longs own testimony,
criminal relations with him. She knew,
said counsel, that Kearls was a mar
! ried man. Even if she were pure in
| body, her mind was debauched and it
needed no wiles to induce her to sub
nit herself to his embraces She sat
on the witness stand and unblushingly
told OF things which men could not
properly discuss together. Even ac-
cordlng TO her own story shs was not
lead to fall by any protestations of love
! or affection. She made a bargain at
the bargain counter of prostitution.
She said she cared not for Kearns; she
mad no love for him, but he promised
! 10 give her good clothes, provide for
! her and her mother and brothers and
sisters, TO give her all the money she
could need. 1t was the cold blooded
consideration that she herself says in
! duced her to submit
The ruin of an innocent, pure girl
/ IS never accomplished in that manner.
II good girl is betrayed it is through
! her affections. not like the Wanton
standing on the highway inviting the
embraces OF al passers by and basely
! bargaining for the amount to be paid
! however much we may pity such peo-
pie, we cannot allow them to wreck
the homes and lives of others. Counsel
( then traced her movements with Hobbs
and their living together in Colorado
! as husband and WIFE and represenf;ir
Hobbs as the father of her child uutlt
! the assault on the pocket book of Mr..
/ hearn5 was begun. Then the child is
said TO be illegitimate and its pater-
nifty IS laid at the door of Mr.. Kearns
/ by these three lawyers. two women
and Hobbs. This suit is only one sten
/ IN what would follow, for the law says
! that an Legitimate child Acknowledged
/ by the father becomes an heir.
Counsel argued that it was not pos
/ Slble that Mr. Rearns could have pa
( raded his shame and disgrace under
/ the very nose of his wife and friends
4 by taking this shameless girl to the
J hotel when they were there. Was he
| 50 utterly lost to all sense of decaney
and Dropriety as to do such a thing?
! Did he forget his gentle, nigh minded
J christian wife, who. when she eutared
! this court room shed around a whole
/ some and pure influence which WIS ftIf
/ cy all in this hitherto carrion laden at
/ lfosphere? Such a thing was not pos
Slbie. Yet that is what the people Who
! are prosecuting this case With zeal ard
! some malice would have you believe.
Ehe testimony of Miss Wray to the
! effect that she drove from the dapnt
! on May L, 1896, to the Cullen hotel with
kearns and Weber, ana that being
contradicted by so many reputable
I witnesses was dwelt upon
! Counsel then paid his respects to
! Hobbs, whom he characterized as the
| lowest and vilest thing that existed in
1 the form and sembiance of a man
Counsel contended that the whole
! thing was a scheme to eXtort money
from Mr.. Kearns on pain of exposure
and disgrace in the eyes of the public
/ and the estimation of his friends and,
above all before his family
In reference to the various sums of
money which it was alleged Kearns had
/ given Miss Wray. counsel argued that
! there was no testimony, except that of
/ Hobbs and the girl, to show that he
had ever given her a cent, and both
| Hobbs and Miss Wray, counsel charac-
! terlzed. as shameless perjurers. In the
/ matter of the Cullen hotel register, Mr.
/ Varian said that Miss Ray may have
/ stopped at the Cullen hotel on May l.
1886, but there was no proof outside of
! the girls testimony to show that this
1 Miss Wray was the person.
! Mr.. kearns was a man of character
a man Of standing, whose past life was
! blameless and, Notwithstanding the eff
forts Of counsel to suiIy him and cover
! him with ignominy, he still stood forth
as man of honor and a truthful man
! His family was entitled to some consid-
! Grafton as we'll as the families of the
! Hobbs, the Kilpachs, the Sommers. the
! HutchinsOnS and the Zanes. In conclu-
! sion counsel repeated Mr.. Dickson's ad-
monition to the jury that they stamp
such cowardly and viIlainous schemes
with the seal of their disapproval.
Mr.. ZANE.
mr.. Zane made the closing argument
! for the plaintiff. 1t was an impassioned
and fervent appeal and at the same
| time a comprehensive review of the
I testimony and the witnesses, too. 1t
/ was a great speech, and people from
/ all over the building rushed into the
court room 50 that the room was filed
/ to overlooking While Mr. Zane was
making his talk, which might aptly be
divided into three parts-vituperation,
( argument and peroration.
Counsel, in opening. said that the first
! address of counsel for the defense was
d very bitter and Incorporate one, but
! by comparison with that of Mr.. Yarian
| it was mildness itself The defendant
! comes here, supported by wealth and
! by friends, and his case is handled by
able counsel, men with deserved repu-
| tation. He has money to pay them
| The plaintiff comes, poor, without a
! friend in sight, helpless and forlorn
/ but she is entitled to the protection Of
( the law as much as the greatest mil
! lionaire in the land, and because she is
poor is all the more reason why you,
4 gentlemen of the jury, at least should
/ give her case fair consideration. Coun-
| sci on the other side have been pleased
! TO make bitter attacks on counsel for
! this girl. Mr.. Sommer they intimate is
q common blackmaiIer Mr.. Hutchinson
| a fXer Of testimony. and on myself the
! attacks were even more bitter, but
say, like the Scotchman said of the lit
| tie dog yelping at his heels; TT pleases
! them and it doesn't hurt me-" l care
not sufficiently as to how l stand in
! the estimation of Mr. Varian to make
any reply. I think, however. that his
| character is seen in the epithets he
! applies to this poor girl. He turns up
his nose, turns up his lip, turns up his
/ beard and calls her harlot, prostitute
perjurer and liar.
| As TO the other. counsel, Hon. w H
! Dickson, said Mr.. Zane, he loses his
| temper sometimes, and when he fails
| 10 win 8, case, goes outside and abuses
/ the judge, the jury and the witnesses.
! 1 win say nothing about him, but If I
/ did say what l know, he would not have
character enough left 10 soil dirty
rag.
With the introduction Mr. Zane went
| on to quote authorities to Show what
seduction was in the eye of the law
and arguing that the inducements held
| out to this girl and the persuasion
used were sufficient to bring the act