The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-06-10
CHARLES MOSTYN MISSES FIRE
UNLAWFUL CoHABITATIoN COM
PLANT THROWN OUT.
Wanted Stake President Kelly Ar
rested at Brigham City-opinion
of the County Attorney.
(special Corresnondenoe.,

Brigham City, June 9.-Charles Mos
tyn Owen filed a complaint in Elias
Jensen's court yesterday, charging
President Charles Kelly of Box-EIder
stake with unlawful cohabitation. AS
the complaint did not justify the issu-
ance of a warrant, it was dismissed.
The action of Justice Jensen in dis
missing the complaint was based upon
the following written opinion from
County Attorney Jones:
On the 9TH day of November, 1899,
Charles Kelly pleaded guilty to a
charge of unlawful cOhabitation in the
district court of the First judicial dis
trict, sitting in and for Box Elder
county. A fine was thereupOn imposed
upon him by the district judge. A new
complaint has been sworn to by Charles
MOStyn Owen upon information and
belief, charging the said Charles Kelly
with the crime of unlawful cohabita-
ton, committed between October, 1899,
and the present time. This complaint,
sworn to upon information and belief,
is not sufficient to justify the issuance
OF warrant of arrest, but, for the pur-
pose of determining the facts, I have
examined the witnesses named on the
complaint. The fact is that a child was
born to Mrs. Sarah Wrighton on the -
day OF February, 1900, about three
months after the plea of guilty was ac-
cepted. The witnesses named by you
upon the complaint will not testify to
any facts tending to show that the said
Kelly has held the said Sarah WrightOn
out as his wife in the habit and repute
OF marriage since the plea of guilty was
accepted, as before mentioned. Of
course, unless the evidence shows prob
able cause, it would be useless to go
before a jury and attempt to convict.
As no probable cause is shown, it seems
to me that the only course to take in
this case, as it now stands, is to disap-
prove of the issuance of a warrant
In order that Mr.. owens trip would
not be unsuccessful he swore to an
other complaint, charging Mrs. Anne
{. Nielsen, the midwife, for non-com-
pliance with section 1852 of the laws of
1898. Under this section it is the duty
OF the attending physicians to report
and file with the county clerk a quar-
terly statement of births Mrs. Mel
sen, who is a very respectable lady of
Brigham City, had not yet reported to
the clerk for the last quarter, ending
March, when Mr.. Owens appeared in
the clerks office looking up the records.
Mr.. Owen further claims that no re-
ports whatever had been made, but the
records of Box Elder county show 413
names of children born and reported by
the attending physicians.
At witnesses to the complaint charg-
ing President Kelly with unlawful CO.
habitation are named J. NJ. COOmbs and
wife. Mrs. Coombs, who is a very es-
teemed lady in this community, pro-
tested vigorously against her name be-
ing used as witness, and she hunted
up her husband and had him take her
name off the complaint. There is no
doubt in the peoples mind that Mr..
owen came to Brigham City by invi-
tatlon. Helen GOuld's money seems to
have a retroactive effect in this com
munitY.