The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-05-12

James Heating was fined 800 yester-
day in the police court for the violence
he inflicted upon Mrs. Minnie Margaret
Payne Griffin, on the 9Th day of May,
while attempting to wrest her little
son Harvey from his mothers arms.
Accounts of the difficulty were fully eX-
planned at the time. The finding of
Justice Wenger will be appealed by
Judge Loofbourow on behalf of his eli
ent.
Considerable testimony having little
direct bearing on the issue was sub
mitted by the prosecution and helped
to unnecessarily drag the case into the
afternoon session. Attorney John NJ.
Zane and Oscar W. Moyle looked after
the interests of Mrs Griffin on the side
of the prosecution which was conducted
by Clerk Shoup of the police court. Mrs.
Payne and little Harvey were excluded
from the court room while Mrs. Griffin
occupied the stand. In substance she
related the circumstances of the assault
about as they have already been
beaten over. in the daily press. A tus-
sic took place over the possession of
Harvey, during which the witness was
thrown TO the floor. She arose and
was struck over the eye by Heating.
Another blow was delivered upon her
face and again over the nose. He used
his doubled fist. After the pugilistic
display Heating pushed her back
against the wall of the school room and
choked her until the tongue was forced
from her mouth. The cross examination
made no palpable point for the de-
Tense. Mrs. Griffin admitted that she
was aware the child was being kept
under the espionage of Heating. She
did not deny that a window had been
broken by her while defending her per-
son against the attack of Heating.
HAULING, PUSHING AND SHOW
ING.
Mrs. Virginia Stevens, teacher of
the training school, observed the en-
tire passage at arms between the
mother and the defendant, but was
remarkably clear in her statement that
no blows were exchanged, all of the
encounter being limited to hauling,
pushing and showing. It appeared to
the witness like well-defined mix-up.
She saw Mrs. Griffin thrown to the
floor and witness attempted to avert
any injury to the child by dragging
him from the clutches of the struggling
man and woman. Harvey Griffin had
evidently a better memory or keener
for he supported his mothers state
ments in almost every important par
ticular.
WHAT LITTLE HARVEY SAW.
He saw Jim knock his mother down.
so that she fell upon her side. He also
saw Heating use his fist. Asked where
Keating hit his mother, Harvey re-
ferred the court and spectators to sew
eral bruises on the Woman'S face. Har-
vey was quite positive that his mother
received a dig on the nose from the
mans fist. Under cross-examination.
the boy acknowledged that Heating
had always treated him kindly, but he
preferred to be with his mother.
THREE BLOWS STRUCK.
Mrs. William c. Payne, mother of
Mrs. Griffin, saw Heating aim three
well timed and deliberate blows at
her daughters face, every one of which
took effect She also saw the choking
and cross examination did not persuade
her to change her statement Miss
Rachael Edwards, another teacher, no
ticed that Mrs. Griffin'S face was blue
from the choking. this being the only
new point in her evidence. Chase
Smith, a pupil of the training school,
saw the scuffie. He did not see any
blows. Alphonso Brown, another pu-
on Mrs Griffin's nose. George Amott,
still another pupil. differed from Mrs.
Stevens in that the face of Mrs Crit
fin was black instead of blue, although
the tongue was protruding from her
mouth.
Professor William NJ Stewart, prin-
cipal of the state normal school, opened
the case for the defense with the in
formation that Heating told him Mrs
Griffin had attacked him like a tigress,
The principal observed that Heating
was civil, though excited. Professor
Stewart also recollected that Harvey
in the school room. The witness saw
no violence used by Heating toward
Mrs. Griffin. The cross examination
drew out the acknowledgment that
there was some blood upon Mrs. Grif-
fms nose.
Captain Eslinger took the stand to
remember that on the day preceding
the struggle Mrs. Griffin called upon
him and preached the subject of get
ting the boy from the training school.
She was given to understand that the
police department would not interfere
in such matters.
KEATING'S STORY.
The defendant then testified in his
own behalf, repeating the statement
that he was employed by Mr.. Griffin
to watch over the boy He remon-
strated with Mrs Griffin when she
started to remove Harvey from the
school, Instead of using violence to-
!,