Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-04-19
DR.. SNOWDEN is
AGAIN CONVICTED.
Jury Finds Him Guilty but Recon-
mends Him to Mercy Of Court,
JURORS OUT ALL NIGHT
HAD Defendant been In Court when
Jury was First Ready 20 Report
They Would Have Disagreed.

The jury IN the case Of Dr. Cornelius
r. snowden. charged with adultery al
legged TO have been committed with Miss
Audrey Keller IN this city on Decem-
her 2, 1899 after being out an night
came into court at noon today with a
verdict of guilty. and accommodation
90 mercy In the absence OF Judge
Noren. who went TO CoalylIc this
morning. Judge Cherry received the
verdict and fixed the date OF sentence
FOR 10 a. m. Friday April a. The de-
fendarts bond OF $1,000, being q con-
tiuuiug one, was allowed TO stand
I'm order TO conclude the case 80 that
Judge Norrell could get away today, a
night session was held last night AZ
g.1j the case was submitted 10 the
jury and as no agreement had been
reached az 10 o'clock Judge NOrrell au-
ioumcd court until this morning 10
having been agreed that the jurors
should report to Judge Cherry this
morning
JURY WAS DIVIDED.
When the jurors retired TO their room
ballot was taken which showed that
theN were equally divided, four being
for conviction and four for acqulttaL
The vote stood that way until loA5 TO-.
day when two OF the Jurors who had
been voting for q verdict of not guilty
switched and went over tO the four
who had been holding out for conyic-
lion. The jurors. IT is understood, were
ur.,--, IN believing the defendant
guilty OF adultery. and those who held
out for an acouittal did $50 ON the
ground that the prosecution had failed
| To- prove the commission of the ohense
/ In slt Lake city, as alleged IN the IN
formation.
sNOWDEN WAS ABSENT
Shortly before II O'Clock Judge Cherry
| received word that the jury was READY
/ To- report. and Balln MAYOR was ih'
| structpd 90 bring them into court. Up
/ on their arrival 90 was dlsc''eitd lHat
| Suouien was not present Attorney
| T.rssirrer. the defendants counsel was
/ willing 10 have the jurys decision
| recorded I'm the absence az his
| client. but Mr Putnam objected
| 10 this. and the court sus-
faIpal the objection Nr Ltssinger
/ .siF he expected the defendant would
be- In court by II O'Clock and q lacking
hYt eayen minutes OF that hour Judge
| cherry consented 90 walt The
F.rk fin the tower struck eleven
but snowden was still absent from the
court room. The Jurors then requested
ihat they De- allowed 10 retire again
Tor further deliberation, a request the
court granted
AHUNG JURY.
Had snowdon been present when the
Jurors first filed into the court room
Foreman Fred w. Hills would have an
uounced I'VE have been unable 10
agree" and that would nave meant
partial victory al least for the de-
PENDANT il would have meant another
new trial and the probabilities are the
prosecution. rather than consent TO
This. would have moved for a dismissal
Of the nasty case. or course, this Is
only conjecture. During the seven min
utes' wait Juror William NJ. Risley,
who Il Is said. was one OF the remain
ing two that favored an acquittal, an
nounced that he was ready 10 vote
with the other six This made Il seven
20 six FOR conviction, and IL was then
Foreman Hills asked that the jury be
permitted TO retire for further delibera-
tlon Juror Iphn T. Thorup Is UNDER
stood TO be the one who held out 20 the
last. the other seven, 20 Is said. labored
with him until noon. and when the
Jurors next left their room they were
unanimous for conviction.
ATTORNEY ". RAPP.
When the News report closed yes
terday Mrs Cody was testifying. The
witness failed 10 identify Miss keeler
as the woman she saw In bed at the
Miedley on October 3rd Attorney v.
Rapp said the defendant admitted TO
him 90 being intimate with Miss Keller
I IN SALT Lake CITY. Attorney Lessenger
objected 90 this testimony on the
ground that az the time OF the alleged
| conversation Ragp was SnoWdens at-
/ torney. and the conversation was there
/ fore privileged. The objection was over
! ruled
snowden took the stand. but his ex-
animation was confined exclusively 20
/ his alleged admissions 10 Rapp which
| hc positively denied.
This closed the testimony aud argu-
| merts were made and the case sub
nltted 90 the jury.
I Attorney Lcssinger stated TO q
News representative this afternoon
I that he win move FOR new trial and
failing Ia that will appeal to the State
/ Supreme court.