The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-03-11
JAMES A. LUKE DISCHARGED
EVIDENCE NOT SUFFICIENT TO
SUSTAIN THE CHARGE.
Defendants Motion For Dismissal
Granted By Justice Pardee-This
Disposes Of the Case.

After hearing before Justice Pardee
yesterday afternoon, James A. Luke,
charged with murder in causing the
death of Mrs. Emma Baker Christen-
sen. was discharged.
At 10 o'clock yesterday morning the
preliminary examination of Luke on
the charge of having procured an
abortion on Mrs Christensen was COM
menced. Mr.. Gunter appeared in be-
half OF the state, and the defendant was
represented by Krebs & Hoppaugh. Drs.
Anderson and Maclean were called, and
testified the same as given at the coro-
ner's inquest. DR.. j. S. Hensel repeat
ed his former testimony, and stated
that he was not acquainted with Luke;
had never seen him before, and did not
remember ever having had CONVEX
sation with him. Mrs. Emma Stewart
was called, and was about to give a
conversation with Mrs. Christensen
While on her deathbed, when Mr.. Hop
Daugh offered an objection, contending
that dying statements were not adj
missable testimony, except in cases of
homicide. The complaint, he said, did
not allege Mrs. Christensen's death, but
charged the defendant with having
committed an abortion. The court sus-
tanned the objection.
Mr.. Gunter then asked for contin-
uance until the afternoon, TO file new
complaint, charging murder. 1t was
sworn to by Samuel Dowse, deputy
sheriff, and alleged that James A
Luke, on Feb. 90, 1899, procured an
abortion upon Mrs Christensen, which
resulted in her death, which occurred
in the Albert block, Feb. rs.
few minutes before 3 o'clock Mr..
Luke was arraigned on the charge and
pleaded not guilty, when the examina-
ton OF witnesses commenced.
Miss Emma Stewart testified that she
had a conversation with Mrs. Christen-
sen on the night previous to her death.
The deceased said she was suffering
from a miscarriage, and was three
months advanced in pregnancy. She
thought she was going to die, and
would die on Lukes hands. She spoke
Of Luke's troubles and his wife's sick
ness: she said she had gone with Luke
for four years, and was in love with
his wife was sick, and had lost his
hcme. Luke, she declared, was the
cause Of her troubles, and had got her
into trouble before, and was putting up
money for her.
Mrs. Harriet Minor testified that she
had seen Luke in Mrs. Christensen's
room several times, and had seen pic
LUZ CD tiAtIG VI llililS6lI anu his GILL
dren.
Mrs. Iona Altman was called, but
could give no material evidence.
Heber w. Hartley's testimony was
unimportant, since he only saw Luke
go up the stairway leading to DR.. Hen
sells Office on Thursday before Mrs.
Christensen's death.
After the prosecution had rested, Mr..
Hoppaugh moved to dismiss the case,
on he l1nt Il
insufficient to warrant the charge of
murder. He was followed by Mr. Krebs,
and Mr.. Gunter replied in behalf of the
state. After the arguments Justice Par
dee decided TO dismiss the case
A. II. Brown, night Waterman on
Brigham street, arrested Frank Free
for drunkenness last night. He was re-
ported begging, and is said to have
been guilty Of indecent conduct He was
placed in the city Jail, where he had
just completed a term yesterday MORN
ing for drunkenness.