Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-21
ROBERTS, TRIAL
QUICKLY ENDED.
Iur Finds the Defendant Guilty
on an Agreed Statement
LEGAL RIGHTS ARE SAVED
validity Of Information TO be I's'ea
IN supreme Court - jury iooA
Three Ballots 20 Decide

Three Bntlob 70 b''i"''
For the purpose Of saving the defend
ants legal rights and In order To- tes'
the question as to the validity OF The
information. charging y. H. RoiNrIs
with the offense Of unlawful cohaoi'a,
ton, IN the state Supreme court Attor'
ney James II. Moyle, as counsel for the
accused, made no contest today, and the
case was again submitted TO the jury
upon an agreed statement Of facts
Fifteen minutes later a verdict OF guilty
as charged was returned. Sentence was
set for 10 o'clock Saturday morning.
The proceedings did not begin until
nearly II o'clock, and inside Of forty
minutes had concluded.
For fully an hour after court con-
vened Mr.. Moyle and County Attorney
Putnam were in consultation with each
other in Judge Norrelrs private cham
bers. After the attorneys had emerged
from the judges apartments, the SER
vices Of stenographer Miller were
brought into requisltion, and a few min
utes later both sides announced 10 the
court that they were ready.
Call a Jury, Mr.. Clerk" said Judge
Norrel, and Clerk Rawlins called out
the following names Christopher
Dlehl. Robert Dye. Charles NJ, Lee. Nj
KOpp, William Bncker, James Taylor
Reuben Gardner and John NJ. Redmond.
Each Juror responded and all were
sworn 10 answer questions touching
their competency 20 sit In the case, with
the exception OF Mr.. Kopp, who object
ed 10 being sworn and took advantage
OF his constitutional right 10 affirm.
I'VE waive the examination Of the
Jurors" said Mr.. Moyle. when Mr.. Put
nam asked each OF the eight II he would
return verdict Of guilty. providing In
his judgment the evidence or admls-
sion OF the defendant warranted Il. IN
the absence Of O contest Each juror
answered In the affirmative and the
eight were sworn TO try the case Clerk
Rawllns then read the information, 10
which Mr.. MOyle. objected on the
grounds already stated. The objections
were oyerruled and an exception taken.
when Mr.. Moyle read 10 the court ana
jury the following agreed statement OF
facts
1.-THE defendant married Dr. Margaret
Shipp Roberts a number Of years ago
as o plural wife The relationship has
never been severed and he still recog
nlzes her as such. During the time
charged IN the Information. she has
borne his name publicly with his con.
sent and knowledge and has been gem
orally reputed, among their nelghb0rs
and acQualntanCes, 20 be his wife, lie
has visited az her house when In Salt
Lake City, has eaten meals there and
has introduced her on at least three Oc-
casons either as his wife or as Mrs.
Roberts 10 different persons. Two OF
these occasions were on railroad trains,
They have gone 20 places Of amuse-
ment and resort together ana have as
ISOLATED together IN public. When I'D In
bed on one occasion, he stayed az her
house and was nursed and treated by
her During the time charged In the
information, he was also living ana
cohabitlng with bis legal wife, Sarah
Louisa Roberts, In Davis county. Dr..
Margaret Ship Roberts. during all the
time charged In the information. re.
sided IN Salt Lake county and the
facts above stated as 90 Mr. Roberts
relations with her all occurred In Salt
Lake county except the two introduce
lions on the railroad train
NO ARGUMENTS.
After the reading OF the statement
both sides rested. Mr.. Putnam said
he did not care 70 make any arguments.
Mr.. Moyle however. briefly addressed
the jury and In conclusion said. with
out waiying any OF our rights In this
case, gentlemen, We don't exact from
you q verdict Of acquittal.
CHARGES THE JURY.
At Ills the court charged the jury.
In exactly the same language used at
the former trial, when the Jurors dis
agreed, and al .2j they We're taken In
charge Of by Deputy Sheriff Dowse.
Mr.. Moyle said so far as he was com
cerned the Jury could return its verdict
without leaving the box. The court had
no objections, neither had Mr.. Put
nam and the majority OF the jurors
acted as though they preferred 20 re-
main where they were. Juror kOpp,
however, was seen 10 shake HIS head
when spoken 10 by Juror Diehl and
then the next thing the Jurors We're
seen 10 leave the box. They were out
about fifteen minutes The verdict,
signed by Christopher Diehl foreman.
read as follows I'VE, the Jurors. find
the defendant, Brigham II. Roberts,
guilty Of unlawful cohabitation as
charged"
Us that the verdict Of you an, gen
tlemenT asked Clerk Rawlings.
Yes sir was the reply Of all.
SENTENCED SATURDAY.
The court then discharged the Jurors.
and ordered the defendant 70 appear no
o'clock Saturday morning for sentence.
THREE BALLOTS TAKEN.
II was learned that three ballots were