The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-05-05
ispecial Correspondence.l

Provo City, May 4.-The preliminary
hearing Of N. Z. Jones and Mrs. w. E.
Gage, on the charge of adultery was
held before Justice James L. Hales at
Spanish Fork last night Attorney j.
w. n. Whitecotton appeared for Mr.
Jones and S. r. Thurman represented
Mrs. Gage. The hearing which COM
menced at 1880 p. m, did not conclude
until after o'clock this morning, nearly
eight hours being consumed in hearing
the evidence and argument of counsel.
The case was presented to the justice
almost as fully as it would have been
TO the jury at a trial, it being the wish
of the attorneys for defendants to have
the matter settled at the preliminary
hearing. In this, however, they failed,
and at the conclusion of the case the
justice made an order that both the de-
PENDANTS be held to answer to the
charge before the district court.
Eight witnesses We're called by the
state and evidence was given of two
different occasions where criminal re-
lations had existed between the parties.
The evidence in the first was that Mrs.
Gage left Spanish Fork on her wheel
alone, and rode up into the river bot
toms, where she WAS Joined by Mr.
Jones, ana the two proceeded as far as
h1alcolm's farm. They passed the
house and then returned, and after
short time entered some bushes near
the, roadside David Malcolm and Hy-
rum Babcock, two hCyS aged is and Is
respectively. got on a horse and rode
past the defendants while they were
sitting between the bushes They
could be seen from the road, and the
boys spoke to them. The boys contin-
ued on up the road some dis
lance, and then turned across onto the
- ). =
than climbed down the hill to point
Immediately back of the defendants,
and within three or four rods of them
From this point the boys say they saw
the criminal act take place One of
the boys cried out as he says, five dol
lars to keep it secret and the other
states that he said he would tell Mr.
Gage. Mrs. Cages testimony was that
she replied to the boys that they might
tell all they knew.
The defendants admitted the truth of
nearly all the facts testified to by the |
boys, except those in relation to the /
criminal act This they denied and |
stated that they sat in a position where !
they could have been seen from the /
roadway. and that nothing improper |
took place between them. They stated /
that they went in there to rest, and re- /
manned in the shadi chatting for nearly /
q half hour. On cross-eXaminatton. /
Mr. Jones admitted that he did not |
leave the city with Mrs Gage, nor re-
turn home with her He stated that
when he left the drug store prior to
going upon the bottoms that he in
formed some parties that he was going
to Springville to enlist. Mrs Gage was
not cross-examined. During her direct
examination she broke down and sobbed
in a most pitiful manner
Evidence was also introduced to show
hot oh Il
the defendants We're seen in COM
promising position in some willows on
the west side of the town. Evidence
was also introduced showing that the
parties had been out walking together
and that Jones had acted as Mrs
Cages escort to and from social gath
erings. The defendants admitted that
they had made a trip to Provo together
IN buggy at night but they both de-
MED that there had ever been any
criminal relations between them
The claim of the defense was that
The boys had cOncocted in their fertile
story to create a SEN
sation, and for the purpose IF getting
even with Mr.. Jones for some supposed
injury received at his hands 1t was
also urged that it was unreasonable
20 believe the defendants would conduct
themselves in such a reckless manner
as the testimony of the boys indicated. |
The straightforward story of the BOYS
and the failure of the defense to break
Town their testimony on cross-examin-
alton, seemed sufficient to convince the :
Justice that the parties should be heidi
Ind il was SO ordered.
Mrs. Gage was accompanied at the
rearing by her husband and sister
3oth of the ladies seemed to be very
much affected and sobbed almost in
:essantly during the entire evening.