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

yesterday, occupying the entire day.
and al their conclusion court adjourned
until this morning. when Judge Cherry
viii deliver his charge and the case viii
go to the jury
The addresses to the jury for both
sides were very able and eloquent and
the amount of heat which was deyel-
oped is an index to the stubbornness
with which the case has been fought.
Messrs. Hutchinson and Zane made the
arguments for the plaintiff and Messrs.
Dickson and Yarian for the defendant.
MR.. HUTCHINSON.
The arguments we're opened by Mr..
Hutchinson for the plaintiff, who made
an argumentative and logical address,
reviewing the testimony on both sides
He took the evidence given by each
witness. discussed its probability and
the character and general demeanor of
those who testified, and the interest
they had in the outcome of the case.
hearns counsel claimed, had met
Miss Wray and, playing on her simple
girlishness, led her on, step by step,
until he accomplished his purpose. Miss
NYray's evidence stands In spite of
two days cross-examination, her state
ments were mistaken and VIII stand
in the minds Of the community.
Counsel then dwelt on the fact that
the plaintiff was poor and had every
thing against her. while the defendant
was rich and could bring his witnesses
from Colorado or anywhere else. The
characters of Graham and Long, the
witnesses who testified to having had
criminal relations With Eula WraY a
year or two before the act with kearns
is alleged to have taken place, were
commented on in the most scathing
terms. and the basene5s of a man who
would. if he told the truth. get on the
stand and testify to his having rela-
tons of that kind with any woman,
was enlarged upon. These kind Of wit
nesses we're not worthy of any Gre
dence whatever, and their testimony
should not be taken as refutaticn of
Miss Wray's evidence The fact of her
being poor was no indication that she
would not tell the truth; poor people
We're generally more honest than rich
people in a deal Of this kind
Counsel in referring to the child. de-
clared that its features and general
physiognomy strongly resembled Mr..
Rearns and that it was a living proof
of its paternity. Counsel argued that in
all material points the plaintiff had am
ply proved her case and, touching on
the question of damages, Mr.. Autchin-
son said that the actual amount of
money which the plaintiff had been
obliged to spend as a consequence OF
the act of Mr. RearnS was not to be the
measure of damages. The mental SUI
faring, the disgrace which would follow
this gill to the END OF her life, should
all be considered. and a verdict in an
amount commensurate with the wrong
done returned
MR.. DICKSON
Mr.. Dickson followed in an eloquent
and mastery address on behalf of
the defendant he congratulated the
jury and everybody on the fact that
this ease was nearing an end he ad-
7nitted that no terms of denunciation
could be too strong to apply to the
seducer Of virtue and innocence. but
first it must ne shown that virtue and
Innocence existed in the paintiff and
that the defendant had acted the part
of the serpent and by wiles and mis-
demonstrations deceived and betrayed
her
Referring TO the testimony of Miss
Wray Mr. Dickson said she was a, girl
OF more than average intelligence, II
she were but II years of age she was
perfectly able 20 take care of herself
Her testimony was that when she met
Kearns on the train, she was com
paratiVely Unacquainted with him. had
only met him twice and yet this in
nocent girl accepts his invitation TO go
to the theatre, 10 so 10 the Cullen
hotel. to register there under an as
sumed name and get q nice room. She
did all this at the suggestion of
comparative stranger and yet accord
ing 10 her statement had no thought
that anything but what was eInintntly
proper was in the mind OF Alr. KeaTns.
Counsel argued that the story of the
Sirl was altogether improbable and
from her testimony drew the concln-
sion that even if it were true that If
the criminal intercourse really took
place between them It was a case of
unlawful and ikcit connection and not
one Of seduction. and therefore. the
plaintiff could not recover. On this
ground counsel held that the defendant
Vas entitled to a non-suit if such a
motion had been made and the reason
that defendant did not ask for a non
suit when plaintiffs case closed was
that the defense desired the public to
hear their side Of the case as well as
that Of the plaintiff.
The story told by Miss Wray, counsel
held, was pure fabrication for the
simple purpose Of eXtorunG money
from Kearns. who Miss Wray and
Hobbs and those behind them. be-
neVed would submit TO the extortion
because he was q man of family, of
standing in the business and polIticafI
worlds and would pay hush money to
standing in the business and political
but they miscalcu2ated- Kearns was
an innnocent man and had courage
enough 10 resist the shameful demands
and do a service TO every man and
woman in the community. whose good
name would be at the mercy of black
mailers and perjurers if such things
were allowed TO prevail.
Counsel then took kearns' story of
his movements on the day and night of
the alleged seduction and the corrob-
Grafton of his testimony by many other
witnesses. and comparing ii with the
evidence OF the girl, impressed the
probability OF the former and the i'm
probability Of the latter on the jury.
Referring to the hotel register and
the alterations upon ii. MIR. Dickson
argued that Miss Wray and the people
behind her who had an interest in the
case were in some way responsible for
the eTasiveness. Whoever the Wretched
scoundrel was, it was not Kearns or
anyone employed by him who made the
alterations. The relations Of Miss
Wray and Hobbs were reviewed, par
ticularly in Colorado. where they
passed as husband and wife, wrote the
mother Of Miss Wray that they were
married and held themselves out as
such until this vile scheme to extort
money from Mr.. kearns suggested it
self
In conclusion, counsel asked the Jury
by ..heir verdict to put the seal Of con-
demnation on the plaintiff and all her
co-conSpirators.
Mr., YARIAN.
Mr.. Yarian followed on behalf of the
l.