Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-03-30
SNOWDEN GRANTED
A new TRIAL.
Statement Of Mr.. Putnam to Jury
Held to Have Been Erroneous,
HIS BOND IS INCREASED.
New Trial VIII be Had During The
Present Term Of Court. May
be Next Month.

DR.. Cornelius r. Snowden, convicted
Wednesday Of adultery. win be given a
new trial. Judge Norrell so decided to-
day by sustaining the defendants mo-
ton asking that he be given another
hearing. The defendant based his mo-
ton upon four grounds. and in support
OF the same filed an affidavit setting
forth that he was absent from the
court room portion Of the time, while
Assistant County Attorney Van Colt
was making argument TO the jury. In
rendering his decision the court over
ruled the motion on all grounds except
one. The one sustained was in rela-
ton to Mr.. Putnams argument to the
Jury which the court held was preju-
dical to the defendant.
In his closing remarks the prosecutor
dwelt upon the refusal Of Miss keeier
10 answer his questions relating to her
intimacy with Snowden, and argued
that her declInation tended TO establish
her guilt. Had she been innocent"
said Mr.. Putnam, she, Of course, would
have denied that there had ever been
anything wrong between her and the
defendant" Miss Keller, II VIII be re-
membered, declined to answer Mr.. Put
MANS questions for fear Of incriminat-
ing herself.
Attorney Rogers objected TO Mr.. Put
MANS remarks al the time they were
being made, but Judge Norrell sus-
taIned the prosecutor and allowed him
to proceed. The court now holds that
the statements made by Mr.. Putnam
TO the jury were erroneous and preju-
dicial TO the substantial rights Of the
defendant. and therefore sustained the
motion for new trial on this ground
Snowden will be tried again during
the present term OF court, probably
within month or six weeks. His bond
OF $500 was today increased to $1,000, up
on motion Of Mr.. Putnam.
The offense for which Snowden was
convicted was committed In this
city on october End last, with Audrey
Keller. an unmarried woman, about
twenty years OF age. Both the defend
ant and Miss Keeler resided at Rich
field, and the young woman prior 10
meeting the defendant bore a splendid
character.
The evidence adduced at the trial
showed that the intimacy between
Snowden and Miss Keller had been GO
ing on for months prior to their visit
10 Salt Lake, and the result was that
on January 25rd, this year. the young
woman gave birth TO child.
Snowden was arrested at Richfield
a ~ Ia ls,t a..
by Sheriff Coons OF Seyler county. 1t
charged that the specific acts OF adul-
terry were committed In this city.
Mrs. SnoWden. the Defendants wife
was shocked upon learning the news,
end Immediately began divorce proceed
ings. The case was tried before Judge
McCarty. who took II under advise
ment. The defendant was anxious that
his wife should obtain an annulment OF
che marriage ties SO that he could marry
the Girl he had ruined and thus escape
going to prison.
Mrs, Snowden was not present during
the trial, having left the State for the
East. taking with her the only child
she has, a son, shortly after the scandal
was made public.
UNABLE TO FURNISH BONDS.
Up to a late hour this afternoon
snowden had been unable TO furnish
the additional bonds. and since he left
the court room this morning. he has
been confined In the county jail. His
former bondsmen were L. s. Hills and
w. w. Ritter
What the county attorneys office now
fear Is that Judge McCarty will render
his decision right away In the divorce
case. granting Mrs. Snowden a decree,
when the defendant, II is believed, will
marry Miss Keeler, an event that would
make second conviction extremely
doubtful.