Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-01

ceptable 20 both sides and they were
accordingly sworn 20 Try The case. This
completed the panel and Mr.. Putnam
chen made hts opening statement Co the
jury. claiming that the state expected
to prove by competent and reliable tcs-
tim0uy that The defendant was guilty
of unlawful o0hubltatiou. That Doe had
lived with Mary A. Graham In Provo,
and sarah Potter In this county The
State expected To- prove that the de-
PENDANT had "a child born go him by
Sarah Potter. on Graham a few months
ago. and that the defendant had been
seen with the baby In his arms. nursing
o. as any fond father would his on
spring
DEFINES THE OFFENsE.
IN ORDER chat the jury might UNDER
stand what constituted unlawful Co-
haltat.au Nr Putnam dgha"l % as
"the appearance of pJlysamy In
other word tbe act of % ma1 holding
out twO 0r moro women Co th. world
as bis wivgs living with them as his
wives ana acknowledging them ara such.
Whore ana you get that definition
Brother Putnam Interrupted Senator
Brown
m has been so defined by the SUI
prcme court W the United States was
Mr. putnams reply
"The Supreme court of the United
States has given % "a broader md clear
or definition than that said Mr.
Brown, land I'm quoting those decisions
] want YOU hereafter To- make 10 little
more explicit
TAKING or TESTIMONY.
The first witness called by the State
was Apostle Reed SmoOt who said he
had resided iu Provo ever since 1872
Had known Mr. Graham for twenty
years His family, 80 Gar as witness
knew. consisted of Mary Graham and
about five children Mrs Graham was
present in court. Had also known her
for twenty years
Are they reuuted TO be man and
wife, asked Mr. Putnam.
objected to-Oyerruled.
yes SIR. that Is my understandings 20
Had seen them ont 40 parties Knew
Of mo- changes in their relationship
To Senator BroWn-Dld not recall
having seen them together in Salt Lake
county
MRS GRAHAM TESTIFIES.
Mary A. Graham was the next wit
ness called She said she had lived
DO Provo for twenty-five years knew
John q. Graham. Had been his wife
Cor thIrty-t two years. Senator Brown
here interrupted the witness by asking
her how she married Mr. Graham. II
married him as q plural WIFE, an
sWerel Mrs Graham.
OBJECTION OVERRULED.
Here Mr.. Brown mterposed his OBJ
lection tO the Information. The point
was Argued from n o'clock until the
noon recess. Upon the reconyening Of
court This afternoon Judge Norrell over
ruled Oh. objection but Dob doing go nus
honor stated tha, be- was somewhat in
doubt about ,he question.
Senator BiOWu-S shouldn't your honor
give the defendant the benefit OF the
doubte
Judge Norrpll-Tbe court would In a
matter of fact. but does not think u
necessary boz "a matter Of law.
Mr. Brown then asked Mrs Graham
II the defendant had lawful wife liy-
ing at The time he married her and the
answer was in the affirmative.
Were you living With the defendant
as has wife in 1857 asked MT Putnam.
Yes. was.
"Were YOU living as his wife IN Provo
IN May 1892
"I refuse to answer.
The coutt-Upon what ground do you
refus. t0 answer
81 don't wish to incriminate myself.
COurt-Theu you need not answer
The witness was then excused.
JUDGE BOOTH TEsTlFlES
Judge John b. Booth had known the
defendant for twenty-five years, and his
wife. Mary A. Graham, for about thlr-
ty-Gvc years His family iu 1921 c0n-
sisted OF Mary A. Graham and FIVE chill
dreu. Ia lSSS and 1899 his family so FAR
as witness knew. was the same. Had
not seen them out together in company
for the last three years prior 10 May
1893. Gould not recall having seen them
out ON the street together during the
period named.
POSTMASTER GLOVE.
James GLOVE postmaster at Provo.