Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-04-14
OGDEN NEWS.
.r,- APRIL "a. 1900
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DEFENSE IN BERRY CASE.
IA. Accused end Other important Witnesses
Heard Case Nearly Concluded
IN Ju,,ice HANS court-Fi FINED for As
anit aud Barcry-Other Of
lenders let OF

rs. second district court room was
..G aIsl Yesterday with spectators In
.4.l I'M the case of Frank Berry.
charged with attempted rape. The ac-
,-r1. as reported IN last evenings
.yavs of the case was the completion
~ tbs sumony IN the case furnished
a., IA. prosecution except some minor
at, that was given for a short
rns DIST after the court was opened
Yesterday morning
nm tense introduced some twenty
,.t7ass.s lu the case. The principal
,.,r.sl was the defendant In the ac-
,'r Nr Berry. His testimony was all
most verbatim as given at the prelim-
ir4ry hearing. He told a very straight
800. .f his whereabouts on the night
.s tta assault. that he got on the
Trantv.ff.h street car and rode up
e.. IIb.rtv avenue whore. he said. he
e-t 1n the ear ana went south ana
measured some ice, and then returned
home. The part Of his testimony about
who're he got on the car, was contra
sft0ry 90 the testimony OF some OF
tbs witnesses for the prosecution, they
having testified that he was still on
tbs car at Van Buren, avenue. a block
above where he said De got on the car
Nh Berry very emphaticaly denies
having any knowledge of the assault,
ana that he was not acquainted with
N.ss Bessie Smith, who was assaulted.
Another important witness was intro
dura8 In the person OF a Mrs Johnson.
She testified that on the night OF Janu-
ary g6th on shortly after o'clock she
WAS out driving on Twenty-siNth street
up above the quincy school and that
she saw Mr. Berry coming down that
street at oh near $3.50 o'clock he was
not waking very rapidly and In his ac-
lions she saw nothing 90 Indicate that
be was nervous or excited She further
testified that 10 would have been i'm
possible for Mr. Berry 10 have CONF
m.ttel the crime of which he is ac-
cusei 10 the short time that expired
between the time that the street car
went up and the time he was seen by
her 0n 1Wenty-hfth street There were
also a number of witnesses introduced
90 prove that 10 would have been Inn
possible for the defendant 20 have got
of the ear at the end OF the line and
90 have sneaked around through the
sage brush and have reached the
scene of the assault before Miss Smith
Some eight good reputable gentlemen
testified 20 their acquaintance Will the
defendant for q number Of years and
that they had never known anything
but good Of him and that his character
was 90 their knowledge. that OF
moral. upright, straightforward young
man and that his reputation with the
public IN general was the very best
AT the testimony " the prosecution
and the defense was completed last
evening as the days session OF the
court was closed. Judge Rolopp made
arrangements whereby the jury was
taken 90 the scene OF the assault this
morning at 10 o'clock 70 that they
might obtain a better knowledge OF
tne lay Of che surrounding country and
better understand the testimony OF
some OF The witnesses.
IN THE POLICE COURT
The case Of NJ Moynahan charged
win assault and battery upon the per-
son Of k0admaster Mcintyre of the
uieson Short Line. came up before
Judge Han A number Of witnesses
were examined, whose testimony was
lIooi 10 Che court that Moynahan was
ss..'y as charged and he was fined So.
ihe case Of Jos. Pettineli. charged
WIN disturbing the peace Of his al
...eel wife. was dismissed. the defend
all PAYING the costs OF suit.
Vhe Fag was given five DAYS. and two
. W. permitted to 60 upon their promise
CITIZENS MASS MEETING.
a.. CINIens mass meeting was held
as, "a n'sNt in the city council chamber
" DISCUSS the proposed requirement Of