The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-05-11

When it comes to answering ques-
tions, Eula Wray, plaintiff in the case
where Hon. Thomas Kearns is charged
with seduction, is lula" Eula APP
peared in the Office of Il. ]. Dininnv
yesterday morning in obedience to an
order from the court authorizing Di-
ninny to take dispositions, or rather
to take her deposition. With her came
the infant, whose paternity is in doubt,
and Hon. Morris Sommer, her counsel,
also Mr.. Costigan, counsel for Hobbs,
who is in jail
Hon. C. S. Varian and Hon. w. II
Dickson appeared as the attorneys fol
Kearns.
The purpose of this proceeding was tc
get evidence in the case against Hobbs
but the purpose was not accomplished
for Eula declined to answer questions
except to say she refused to answer on
the ground that it might incriminate
her.
The baby behaved real we'll; it didn't
cry or kick or. make any fuss at all
1t slumbered just as peacefully as
though it had no interest whatever in
the matter.
Charlie Dull appeared with his little
pen and paper to make a report of the
proceedings, but Sommer objected tC
having additional costs piled up in
this case and said the commissioner
should write out the testimony in long
hand. Nothing daunted Dininny seized
a lot of legal cap and a stub pen, filed
a bottle with ink and bravely set to
work.
MISS WRAY SWORN.
Pending further preliminaries the
witness was sworn. Mr.. Sommer then
rose and remarked that as counsel for
Miss Wray, or Mrs. Hobbs, as the stu
alton shall be Droyen-(he said Miss
Wray). He would admit that this was
her and her baby; that she was a resi-
dent of this county, although as to the
baby's citizenship "deponeth sayeth
not" to use a legal expression.
Mr.. Costigan inserted a few words
at this point, advising the witness to
refuse to answer all questions, on the
ground that her answers might tend to
incriminate her.
vARIAN PROCEEDS.
This instruction on the part of coun-
sci didn't seem to worry Mr.. Varian in
the least. He waded into the subject
without waiting for time or asking
anything preliminary.
You state in your complaint, Miss
Wray, that on the night of the 1st of
May, 1896, Mr.. Kearns came to your
room in the Cullen hotel; is that a
fact %
Witness looked at her counsel and her
counsel nodded an approval of mega
tive character This may sound para
doxical. but it was just as il happened.
Counsel also smiled in knowing man
ner. She took courage from the smile
and replied:
MIGHT INCRIMINATE HER.
Il decline to answer because 1 am
afraid of discriminating myself
Were you at the hotel on the night
of the 1st of May, 1852
Here counsel for the witness in
structed her to answer no questions at
all on the ground that it might tend
to incriminate her. She understood
and made reply:
I refuse to answer"
.Why?'
81 refuse to answer because [ do not
wish to testify here; 1 will testify be-
fore jury
Mr.. varian saw an opening and took
advantage of it. You do not refuse
then because it will tend to incriminate
you, but because you expect to testify
before jury?"
that l0e reason.
You refuse now because it might
tend to incriminate you, but you in
tend to waive your privilege and testify
before a jury?'
Yes
Mr.. Varian then proceeded to ask a
number of questions, but all to no DUR
pose as to receiving satisfactory an
swers, although he doubtless achieved
some object by the asking
FLATLY REFUSED.
When you went to the Cullen hotel
did you register your own name or did
some one else do it for you?"
I refuse to answer
ION what grounds?"
Because L am afraid of incriminat-
ing myself"
Did the clerk register your name? ?"
I refuse to answer
Did you come down from Park Citv
that day with Mr.. Kearns?"
Il refuse to answer
Were you a married woman at that
time?" -'''
I refuse to answer
''On what grounds?"
Because l am afraid of incrilnlnat.
ing myself
DO you know William HoDbs?"
Il refuse to answer"
'On what grounds? ?"
Because I am afraid of discriminating
myself
The witness was afraid also when
asked if she was married to William
Hobbs; when asked if Kearns came to
her room; if he made an assault upon
her; if she consented: if she received
money; if she had a child although the
child was present and slumbering like
a sleeping beauty we read of. She was
fr-ai
born in Colorado; whether she was liv-
ing with any man as his wife when it
was born; and whether she lived with
Hobbs as his wife.
DO you know who the father of
your child is ?"
Il refuse to answer"
tOn what grounds"
Because 1 am afraid of incrimiEat-
ing myself"
THIS WAS FUNNY.
Here Mr.. Varian took a new tack. He
asked: ''Of what are you afraid of in
yourself?"
Il refuse to answer
ION what grounds?"
Because 1 am afraid of incriminat-
ing myself
satisfaction over the fact that she had
learned her part so well, and Sommer
displayed a bright smile as he looked
at his client.
Counsel for Mr.. Kearns here asked
few questions tending to show what
q portion of the defense will be. He
asked: do you know man named
Graham ?"
The witness still professed to be
scared and Varian continued by asking
her if she went to the theatre with him
a boi1t the time she alleged she was at
the Cullen hotel with Kearns and also