The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-10-06

case closed yesterday afternoon aDOul
1 O'Clock and the arguments went over
until Thursday morning at 9 o'clock
Each side is limited TO three hours. 50
that the case viii be submitted 10 the
jury late on Thursday afternoon.
The reason Tor not arguing the case
today is that 1t is the Hebrew New
Year and one OF the jurors, Mr.. Greene
valid belonging to the Hebrew faith.
had conscientious scrnpIe5 about en-
gaging in other than religious exercises
on that day and out Of Difference TO his
views the continuance was granted
MR.. KEARNS RECALLED.
Mr. Kearns. recalled. in reply to Mr.
Zane said he never received any tele-
phone message from MRS. Kilpack ana
never had any conversation with her
through the telephone. Witness again
repeated the conversation which COOK
place between witness and Hobbs when
the latter asked him for work
Elias A. Smith, cashier Of The Deseret
Savings bank. was SHOWN two letters
written by Hobbs to hearns and also
the letter which Hobbs denied having
written, but which the defense alleged
he had written. Mr.. Smith gave 1t as
his opinion that the signatures to the
three letters were by the same hand.
Deputy Clerk of the Court t. W. Lit |
Aef a1leG EAanlln4AS me SlG la~tS "a 80 /
said that he could not say With safety /
that the one to the letter the authorship !
of which was disputed had been writ I
ten by the same hand as that Of the {
others.
Mr.. Weber. recalled, corrected his (
testimony. stating that he arrived in /
Salt Lake from Illinois in the after /
noon about 3:30 instead of in the morn |
ing as stated in his direct eXamina- |
ton.
The defense rested and Mr.. Zane on
behalf Of the plaintiff moved to strike
out all the testimony tending to show
that Euld Wray and Hobbs we're mar
rieC after the act of seduction is al
legged to have taken place. Mr.. Zane,
while not admitting that Miss Wray
is a married woman, commended that
it is immaterial TO her right TO recover
whether she married after the alleged
seduction or not, provided she was un-
marned when the act complained of
occurred. The motion was argued at
some length by both sides and author
titles quoted.
Judge Cherry oYerruied the motion
to strike out. bat said that the ques-
ton of whether the girl was married
or not after the seduction is alleged
to have taken place was not q proper
one for the jury 10 consider. and ne in
his charge would SO instruct them
PLAINTIFF IN BEBUTTAL
The plaintiff opened in rebuttal and
falled Miss HintZe, who testified that
IN April, 1887, she was Clerk IN the 1eie
phone Office at First South and Main
streets.
Mr. Varian asked the object of this
testimony and Mr. Hutchinson stated
that il was to rebut the testimony of
heaTn5 that ne mad never talked with
hrs. hi,pacll over the telephone at all
The defense then objected TO the te5ti-
"a. loo al i
shat such testimony should have been
put in as part Of the plaintiffs case,
and his honor sustained the objection.
J. McLaUen said he was q. prslYte.r;
knew J. =. Long, he worked for tins
Witness in 1884 as a Solicitor in this city.
WITNESS ia 1925 oWUpd and ran the
Kaysv1,le Pest and Long worked there
for witness also fer sos1@ months. Wit
ness also started the TO0ele Transcript
Long never worked On thaL paper.
Long reputation for TRUTH and ver2clty
was very very bad. Witness would not
elieve him under oath.
Cross examined by Mr. Dickson witt
.1ess said Long had robbed him Ha had
no m VIII against Gl3a, ala witness
wanted was % have nothing to do with
him. 1t Vas in 1894 when Long robbed
him. but cut CT charity Ile gave him q
joo at Raysvils thlnlc 'ly taat may be
there was the s.lS.1les- a1ctde Of re-
formation in h.,2. fia5 leDu-ItG0n IN
KaYsNille Vas Wy, V5-y bad.
MRS. HOBBS RECALLED.
Mrs. Hobbs. mother Of VIM Hobbs
testified that she WGs present Wien DR..
NIcCalla. came 20 attend E'lla WraY
VIE Hobbs did rc- introduce Eula &c
Sic doctor as his wife or say anything
bout 2laT being Us wife White Miss
Fray was at tlae house Of witness she
and WIN did not occupy the same bed
Cross examined BY Mr.. NaTl3l.
DO Won know tlat Euta ana Hobbs
went To Mr. Kinsbrough's and SLEPT
cut thera2'
NO"
house,"
Yes, ouoa in. a while. but she para fol
her Board mostly"
Where did she get the money from?
site ted me Mr. KearnS gave il {,
her"
Attorney ". r. Hutchinson Of counse
for ble plaintiff took the stand and
testified in reference 20 the Stacene n
made by Mrs. Hinchiey TO Inc effec
That Ms. Hutchinson had se.lf a mas
sage by her 10 the witness Graham itl1
ne had bsIrer not TESTIFY to his HAVING
mad criminal relations with Eula WI43
FER the reason that she was under "a,
Rse u consent and that ne would bt
likely TO get into the penite.lst3rg- if ii
testified UllG1 ne had mad such r9lag-i-t1'
Wlll leT. Nr. HUTCHINSON c4s'.tNeis
denied shat he 5lad sent The rnaesa.z
indicated to Graham or any messag'
whatever.
Mrs. Kiipacl, recalled, said she knIay
a Young man named Long. H cam
20 witness house several times beg-g.I.
for food. ISula Wray. witness daughter
was home from Park CRY in Deceu0e
1895 ard went back to the Park lT fls
following January. Witness renem
beTed tlle day Eu,a went 10 the Ho
SPRINGS with her licJae brother. Tle
left home about > or 3 O'Clock sn tn
afternoon WITNESS went out TO SO 8
fIe springs in the evening. The las
train had gone and she started out {
walk and met Eula walking toward
town She was With Long and wa
crying Witness asked Long why h
had sent Sc brother home unknown
E7is sister. and ne said ne intended com
ing in with Eula on the last train, bu
messed il and Then started to walk I
The Warm Springs there itlteza+nS
PIT Esuia on slae car
W3lE-i WitceEs went to Park Cry I
see Kear1ns Sic took q return ticket an
stopped with relatives named Dclgnal
WItness 6f1 not tell heara5 shat sl1
hadn't money to buy a ticket back
Salt Lake and DIDN'T tell hlm THAT Sh
hadn't money to buy her dinner
Cross examined, witness said ST
knew shat Long was working at til
Hot Springs and that her daughte
went out to the Springs TO meet him.
Miss Wray, the plaintiff, recaIle-
Sai5 Ora ham WAS in Park s,ifO II f=