Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-10-27
Ten Witnesses Examined at Today's
Preliminary Hearing
CHARLES NJ OWEN NON EST.
sarah Potter and Mrs. Ellsworth Not
on Hand to Testify Matter Taken
Gpder Amusement,


took place before Justice of the Peace
Sroegpr today. with Assistant County
Attorney Walter r. uuntor fur the State
and Judge william n. King represent
ing the accused. Ton Witnesses were
called BY the prosecution ana examined,
two OF whom reside In rayuon, four in
Provo and four IN Salt Lake county.
subpoonaa had been issued Tor Sarah
Potter, tho defendants alleged plural
wife, ana Mrs. Ellsworth. ~ PHYnnn,
hut neither 90 the parties, % was stat
od could be found. Before resting Mf'
Gunior called out the names, but 90
reapoufc was made. The complnlninh
witness. Charles Moatyn owen. was also
conapicunua by his absence but 70 ..
evident that Mr.. uuntcr had concluded
he could gUt along without the gentle
man for the reason that the prosecutor
ala not call his name.
Tho hearing was ~ for 70 o'clock hut
u only lacked a few minutes " eleven
when both sides announced their rcadl-
ness 10 Ho ahead.
Tho procoodingn were opened BY JudFo
King who asked that the defendant D.
allowed To Withdraw the plea previous
~ entered. while he argued motion
ubioctlnF to the court tnklnH any tcatls
mony In the case on the ground that hi1
honor lacked Jurisdiction Of the subject
matter. Counsel for defendant qr ted
from tho statutes lu support % the poe
ritlon taken, and commended That pfp-
ceedinrH IN eases Of unlawful cohnhli1-
ton must BE- initiated Ia the district
courts Of the State.
Mt. Ountor claimed that the supreme
court IN tho cUHa 90 the State W. Pier
pont had held that Justices nf the g. cu
have original Jurisdiction in eases ol
fornicntiun. and h. took q for Frnnied
la .HIIH lad
tion eases. for the reason that each ole
Tense was denned 10 be q felony
Justice krncHor stated that he had
once before passed upon the question,
and h. uycrrulci the Objection. The
Formally u waving iho reading NJ The
complaint ana allowing the defendant
% onior a plea 81 not guilty as before,
was then gone through. when Mr.. Gun
ter called MIR. Mary Ann Graham 10
The witness stand.
After stating her full name Mr.. Gun
ter asked tho witness II she know John
G. Graham. The witness replied IN the
Affirmative. anu IN answer ta another
question said che hal known him since
tho year isss
Are you In any way related 10 Nc.
Grahnmf" asked Mf, Guntcr.
II am hln wife," replied tho witness
Are you living with him az ruchf
Objected TO aud sustained.
You say you are hia firat wlfef"
II married him no hla acc1us wife"
''davc you been living WITH him ever
since ne Huchf"
No answer.
Question repeated and aiill no answer.
Mr.. Guntrr then asked Mrs. Graham
n Il was her wish not 10 testify.
y don't wish 10 lncriminatc myself"
replied the witness Excured
JUDGE BOOTH TEsTGFrEs.
John u. nooih. judge Of tho Fourth
judicial district. testified that he had
known John a. Graham personally Tor
over twenty-five yearu.
DO you know whether he H. living
IN Provo az the present time with a
wife and famlly7" asked Alr. uuntcr
lie has a place there said Mr.
Booth
"a wife and children"
Yes. | think he hae."
what o. tho common rcpute and
rrnrrul reputation OF Mr.. Graham no. To
his being "a married mnu9' Mr. Gun
ter next cnqulrUd This question was
objected 90 aH honrHny. Mr.. Guutcr
curtcndcd that the supreme court had
hold such questions 10 bc perfectly
proper IN cases ~ this Kind.
Judge King conccdcd that years ngo
in unlawful cohnhltntlon trials. quca-
tions were put 90 witnesses and held
by tho courts 20 be- proper iio did not
cuncclc tho correctness uf tho rulings
then nor now. II was customary IN by
gone days 10 stretch the law, und many
81 the decisions if examined would be-
found incompatible with the rules of
evidence they ala not announce "a cor
rect principle OF law,
Mr.. uuntcr said that not only had
the Utah courts held such questions 10
be proper, In this olnsa % eases. but II
hnd been 20 held by the Supreme court
Of the United Stutof and by romr OF
the best text writer's
Justice krogor said that inaamuch au
tho Supreme court had ruled on the
question u would not be- proper Tor him
Go oycrrule that kind VI authority
The witness may answer the quoH-
tlon" said the court.
judge Booth said Mr.. Graham was
supposed Co DO "a married man.
what ~ The common reputo and gou-
oral reputation aa 60 his having wife
and children IN Provo, ana his living
with them as husband ana father. since
January, 1897, and January 1882 cn-
qulrcd Mt Guntrr.
u don't remember of hearing Il
talked about during that time" au-
awerod Judge Booth.
10 you know OF them living t0reth-
or prior 90 the time named ln the come
plaint2 was next asked tho witness.
Judge King objected Co the question
ana argued that tho State should De
limited lu ltH invratIrntIuu uf time. and
should be- confined TO tho timr lu CONF
plant
AR. Guntor said he could prove by
past and subsequent rulings that such
questions were perfectly proper.
judge ltluE contgns that conditions
hud changed In Utah Conditions that
existed fvW years HEu no longer exist.
~ one time The dominant Church OF the
State had permitted and sanctioned
plural marriage. Then the manifesto
was adopted by reason OF which tho Old
law was uhrog1tcd, such evidence mr.
MT ountDr desired 10 introduce might
have been proper few yeHra ESQ. but
owing tu tho CHANGED c0Siition7 would
be decidedly improper now,
M auntrr cuuteudcd that the laws
ftill existed and had not been repealed.
Justice krncEor held that such quta-
lions had boon allowed 10 Utah and
elsewhere, ANA ovorrulvd the objection.
Judge Booth then answered the uues-
ton by saying he knew of ~.
"iluve they any childwuF'
Eyes"
"ilow many"
~ rccollcci they have ave"
"0iye their respective upes.'
''rhr Oldest 10 twenty-five and the
youngest between five nul ak"
Have MI. ana Mrs, Graham gone ont
IN Provo aH man and WlfoY' objected
20 me- not calculated 10 prove allegation
~ complaint OBJECTION ovofruled and
Judge Booth answered by saying thcy
had gone out ns such.
Under cruaH-pVIfuIunfluu Junma