The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-10
PEBBLES HELD ON
ADULTERY CHARGE
His Bail, However, Is Not Fixed
at an Extravagant
Figure.
LONG LEGAL WRANGLE
ON ADMITTING TESTIMONY
Defense offered No Testimony,
and the Courts Action
Was Prompt.

and racy nature was given before Judge
Diehl yesterday in the preliminary
hearing of ], A. Peepies, charged with
adultery, alleged to havc been COM
n,itted with Mrs Lena Il. Magerl in
this city on the night of February 26.
PEBBLES was arrested BY the police on
the night of the alleged oifense. and
the following day j. Z. Magerl swore
to two Complaints. one charging PEBBLES
with an assault with a deadly weapon
With intent to do bodily harm, on
which he was held TO answer to the
District Court by Judge Diehl on
Thursday, and the other on the charge
of adultery.
When the latter case was called yes
terday morning tho defendant was rep
resented by Attorney d. O. Wiley,
while the State was represented by As
ststant County Attorney Job Lyon and
Judge T. W n Whitecotton. who is
acting as counsel for Magerl in the
case
At the request Of both counsel for
the State and for the defendant, the
court room was cleared Of all savo the
defendant, the witness who was testi
fyirg, counsel for both sides, and rep.
resentatives of the press.
j, +. Magerl, the complainant, was
the first witness called for the prose
cution. In answer TO questions, the wit
ness stated that he was conductor in
the employ Of the Salt Lake Route, and
that his home was at 64 Peach street
in this city. Witness stated that he
left his home early in the morning Of
February 26 TO take 4 train to Lynn,
and that he was ordered back from
Provo, returning home several hours be-
fore he was expected,
You may state what you saw when
YOU reached home, y said Mr. Lyon. At
torney Wiley was on his feet in sec
ond. "We object, said he, "to the
witness answering that question or any
others that Will lend TO show that his
wife committed an offense. The laws
of this State prohibit either husband or
wife testifying against the other in
case of this kind'' Mr. Lyon insisted
that the witness was not about TO testi-
ty against his wife, but against the
defendant, PEBBLES.
The court overruled the objection and
Mr.. Wiley gave notice that he would
argue the question at later time The
court was of the opinion that it would
he better to argue the case then and
have 1t settled before listening 10 the
testimony. Wiley consented to the
wish of the court, and for thirty min
utes argued in favor of his obiec tion,
quoting number of authorities in
support thereof
He was followed briefly by Mr.. Lyon
Judge Whitecottou, in one of the most
torclble and eloquent arguments heard
IN the police court in many months,
argued against the motion The argu
ment of Judge Wbitecotton lasted FOR
over an hour, during which time he took
occasion TO roundly score the defendant
Tor his alleged act. Mr.. Willie closed
the argument and the court promptly
when the court resumed the hearing
at 2:3O p. m, Mr.. Wiley. on behalf OF
Mrs Magerl. objected to the witness.
.aagerl testifylng in the case. The OBJ
lection was overruled.
Magerl's s Story.
Magerl took the stand and told of his
returning home unexpectedly about
$3.50 on the night of February 90. He
saw light IN his wife g bed room and
q reflection therefrom into the bath
room. He went TO the bed room win
dow and looked IN through crack in
the window blind. The testimony of
the witness as to what he saw in the
room IS unit for publication.
On cross examination the witness
stated that he had brought some kind.
ling wood home with him, and for that
reason went TO the rear of the bouse
instead of going in at the front door
lie put the wood down near the bath
room window when his attention was
attracted to a sonnd in the bath room
III was sound made by some person
other than mis- wife. The door between
the bath room and his wife's room Uae
open Witness then looked through the
bed room window and saw PEBBLES come
from the bath room with but part of
his clothing on. Witness then went Ia
the 'front.' part of tho house and broke
open the door
Why did you listen at the hath
room window and look through the cur
aroused" " "eie
They had been aroused before. had
they not ~ Yes, sir -
Dld You make any noise when Won
went. up the steps to break in the
help '0uiu
a., Have you been in the house since
Anyone else been theresv "Yes
you and your companion have been in
the house since then. -
why do you mean by me and nv
companion9' 'EI don It know who VIC @
with you, but I know that vou ~ boSs SSs
been IN the house since tho trouble. -
Witness testified that while bc v,5
listening at tns bathroom window somc.
one came ouG of tine next house. aud
that al soon as the sound of the open.
5ng door reached those on the inside of
his house the light was turned down
"A few minutes later it was turned nm
again. ~
Witness then told Of the remarks
which he had heard his wife make to.
PEBBLES and of the conduct of the pair
Witness said that there was suai.
for him to see the larger part of tho
room. 81 could see a trunk on fbe
other side Of the room. -
is shat trunk there now9" "I
don u think it is, after you got through
with it, replied the witness, with q
show of heat
"Did you put any sheets into that
trunls that nightf7'' 81 did not. -
EtDo you know whore the sheets went
TOT" II do not. [ gucss that YOU
knox here thoy, went to. though -
for shs Gn ISn1a nnrnass shroSgh inSt window
wife7'' "I certainly did. -
''Ycu broke in The door for the
hamc purpossi" " i certainly did l