Show DISTRICT COURT president gates tried for unlawful cohabitation HE IS FOUND GUILTY AND PINED FIFTY DOLLARS dudley convicted of thai crime of in with his daughter on friday afternoon gunnison irrigation company vs ordered that default to cross ba bet aside A ge W bean tho ex probate andge of thia county was called for sentence for unlawful cohabitation bishop booth eulogized the defendants past character he married his wives long before any law against this offense offence wa talked of the law found him with his family it appears that he is unfortunate in this matter but under the circumstances mr booth asked that the court be as lenient aa possible judge judd remarked that it was a very pretty speech that brother booth had made in behalf of defendant defex dant hia honor gave a brief history ol 01 his experience n the territory lie had found the mormon people aa honest upright and virtuous a people ag he ever knew and aside from ther they were as good a people as he wanted to live amongst but he said this system was antagonistic to the whole social system of the country his honor made a very pretty upon the utah question in general and this defendants situation in particular he had never yet heavily punished such a defendant fie was fined 60 and costa and defendant smilingly took bis seat PLEAD NOT GUILTY thomas broadbent pleaded not guilty to the charge of unlawful cohabit ion TWO FOR ADULTERY lars J larson pleaded guilty to adultery he married his plural wife in and had a young babe he was thirty six yeara old the court remarked that this defendant had knowingly violated the law and this was fust auch cases as contreas Con greas intended to operate upon and he must egand the consequences he was given two years and costs EOR A evin thomas the man convicted of the terrible crime against nature was sentenced to one year in the pen judge judd remarked that in all his practice in Tann essee lie had never heard of such a case as this but in view of the fact that defendant was drunk at tho time he had imposed this light pen alty YOUNG ACQUITTED in the case of B W young charged with housebreaking judge dusenbery Dusenb wry said he had just received a telegram from mr rawlins of salt lake who assists in the case saying that he would be down on the first train but the court and also mr evana thought the machinery of the court ought not to be clogged by delays it was well known the case had been set for today to day and all parties ought to govern themselves accordingly so his honor refused to grant a continuance aad goo sutherland was engaged to adaist the defense A jury wag im paneled and a recess was taken for half an hour to alloys attorney to consult with his new client the facts in the case aa they appeared rosaie tima ago in our columns are substantially ly as follows the defendant was at the time of the alleged of lense in tune last boarding with dr hann choso whoso store he is charged with breaking into the boy had the fall privilege of the hoube and store and sometimes carried a key on the daya in question ho went with como compan 1 ions to the drug store and as he says found the back window open and a pane taken out tho prosecution however claim that it was lie who broke or opened alie window at any rate the defendant entered and took some scrip from the till a privilege chih had been allowed him it seems by t ie proprietors of the place indeed dr hannberg and his partner in the business firmly claim that there is no guilt on the part of alie defendant and that he did no more than he had the express or implied privilege of doing still the officers think otherwise and hence the prosecution the testimony against and for the defendant waa presented to tho jury who finally rendered averdick of not guilty GUILTY on saturday jos A goodnight was tried and convicted of burglary and recommended to the mercy of tho court AX indictment DISMISSED united va A C oisen case dismissed on motion of assistant district attorney evans TWENTY daya ALLOWED twenty days were allowed defendants in the case of E faeh va scofield brea to pay the cost of former trial a condition upon which they were granted a new trial SENTENCE POSTPONED the sentence of J B for adultery was postponed till the dinst GRANTED the court granted a divorce in the case of berglund VB berglund john E eret and liana jensen were admitted to citizenship postponement yesterday morning on the opening of court judge in behalf of his client justin M dudley charged with incest with his daughter asked a postponement pon ement of trial on account ef his condition his nerves wore unstrung and iio was enabled to intelligently converse with his lawer on the subject all as a result of his jump from the irain thursday morning when he attempted to escape from the custody of deputy marshal S F mount assistant U S district attorney david ev adv postponement for the prosecution had been waiting now for several days and he thought it unjust to allow any longer delay simply because the defendant tried to get sway he had brought the trouble on himself the court finally decided to allow the case to go over till one GUILTY thomas broadbent Broad bont was arraigned on an indictment charging him with unlawful cohabitation lo 10 which ho plead guilty sentence was set for 1 U B VS the case of iho united states vs shadrach driggs charged with unlawful cohabitation came on for trial As the defendant took his seat athe court la this the old man why I 1 thought I 1 with him al the last term of courts Is ho indicted again the clerk in ed the court that it ani PO abor a brief consultation on motion of mr evans nasf dismissed alfr court well old gentleman you must straighten this thing up im going out in a few davs and I 1 want all these matters disposed of if you doit be more careful in the future you are liable to get into trouble mr edans ii your honor please the old gentleman is deaf and cannot hear what say court well TOU tell him mr evans probably that ie the rea remarks when he was up be pra you at the last term of court avail much laughter 17 S VS JACOB GATES the case of the united state ys jacob gates for unlawful cohabitation next came up abury was sworn and im paneled and the indictment read to them the indictment which was found by the present grand jury charges president gates with having committed the with mary emily P and mary W gates between october 1 1885 and september thurman king defended and david evans prosecuted the first witness called was jacob F gates mr avans stated to the court that the first wife mary lived in washington county utah outside of the jurisdiction of the court and had done for several years emily F gates the second wife lived ia prova and defendant had lived with his third wife exclusively the question was whether the charged came under the act of 1882 the fact is admitted that the defendant has a lawful wife and the question is whether the fact of gates living and cohabiting ha with his plural wife would warrant a conviction mr Thur naan stated that it was not known the first wife was alive or no it wa a matter of presumption on the part prosecution in elating that she was no one around had heard anything concerning her court oh well if yon cannot agree on the fact you had better submit what evidence you have aid let the case go to the jury the witness jacob F gates was allowed to give evidence evi dance he eaid I 1 have net heard from mary fathers first wife for six or seven years sauce 1 moved away from st george haie heard father speak of her within the last four or five months she had a paralytic stroke a year or more ago my mother is emily aj am well acquainted with all fathers wives dont know where his first wife lives now she lived in st george when I 1 last heard of her I 1 think had she died I 1 would have been apprised of the fact as one cf the family my mother lives in provo the general understanding in the family is that mary is still alive cross examined to my knowledge father has ceased all associations with my mother since four years ago have not seen ahe first wife since 1882 mary W gates was next called she said I 1 am the wife of jab gates mr scans what number are laughter I 1 am his sixth wife but am called hie third wife ha lives with me I 1 know mary his first wife it is seven yeara ago last july binca I 1 saw her she was then living in st george I 1 moved away the following sumar am oc quainter quain ted with emily we suppose mary is alive but w dont know for sure she was very feeble when we last heard from her ehe bad two paralytic strokes I 1 think we jonm have heard of the fact had died we baat heard from her in march last cross examined her sen wrote to us the last we heard from her she did not write wellington gates waa the next witness he said I 1 am a son of defendant emily V gates is my mother I 1 saw mary baat march at st george she was alive I 1 dont live with my mother am working out go home occasionally ha seen father there be called in to see his daughter mrs snow and the rest of us he may have called to see mother also suppose he did wo were all there when we had attend he treated these women as his wives he made no apparent distinction between his treat meat with my mother and mary W mother moved here a year ago last month can not say how often father has been to see mother probably a dozen times cannot say thit I 1 have seen him with mary W there she has happened to be there with my mother when father haa called in cross examined it has been the cen eral depute in the family that father has ceased all association with my father in fact this was the arrangement entered into gix or soven years ago it has been in my sisters house that I 1 have seen father she has children I 1 dont mean to infer that my father cohabits with my mother dimply because I 1 saw him at my sisters where my mother made her home te evans father does not furnish mother any support jacob F gates was recalled by the defense he said it is a fact that father and mother have not lived with each other for seven r eight years to my knowledge he hag not contributed to her support cross examined we have always understood der stood that mother was fathers plural wife fathers visits have always been in th interests of his children while father has ceased living with mother he haa not repudiated her to mr thurman A general change was the result of the agreement made in tha family seven years ago when ceased living with mother until then he mainly lived with her to mr evans mary W is the youngest of fathers wives emma F gates waa next called she testified the defendant is iny husband I 1 married him in 1853 mary was living then I 1 do not know i she ig living now I 1 saw her bat in june 1888 I 1 am living with my daughter mrs kaow have been hying with her ever since I 1 have lived in provo my husband calls at the houe occasionally I 1 do not know whether he calls to bee me particularly ticul arly he has grandchildren there he may call to afee us all be speaks to me aa well as the rest probably says how do you do or good evening he hag never been there in company with mary W he nver spends ten minutes in his visita we entered into an agreement by which it was understood that he was to live with none but his plural wife on account of the law visit maryw frequently sometimes take my meals them lava never stayed there over night my object in visiting her has been as a friendly neighbor my husband is a member of the mormon church ho is one of the first presidents ef seventies court what is that evans repeated the answer and added byway of informing the Court That would indicate he was a good man continuing the witness told evans the nature of his ecclesiastical calling cross examined it must be eight since he has lived with me had an understanding since I 1 arrived in provo that I 1 could live with him if I 1 wished my family supports me it is understood by all that we are not co habit im together jar evans do you know whether your husband believes it right to practice polygamy objected to the court I 1 cannot see that that question has any material we often believe in things we do not practice and often practice things we do not believe in both sides rested mr Evan swished the court to bear in mind the fact admitted by one of the witnesses wellington gates that he had seen the first wife within the last few months the court said he recollected the fact the court re porter was sent for as the judge stated that he wanted to be very particular that his to the jury was not misunderstood he then gave his charge and the jury retired ten minutes later they filed into court with a verdict of guilty FOB isa I 1 at the opening fC ourt yesterday afternoon joseph goodnight appeared for sentence ho said he was quite innocent of the crime with which he was charged ho was tho party who was convicted ef breaking into Oster lohs store in this city prisoner asked for leniency he said he was 27 years old and the court him to one month for essry year he was old THE DUDLEY CASE the incest case against justin M dud loy came on for tri alThe defendant when in court appeared all the worse for his recent attempt to escape his head was Boms what bruised and he had his left arm in a BUS r D evana prosecuted assisted by W creer and A defended einiks AND COSTS after the jury was em paneled and and aba reading of indictment by the clerk the court called up thomas broadbent for sentence in answer to the court he said he was 55 years old had three wives and married the last thirteen ears apo he was sentenced to 3 months and a half imprisonment and to pay a fine of and costs sw JACOB GATES mr thurman asked for a new trial in the gaass case the motion was overruled jacob gates cams forward for sentence in answer to the court he said he was 79 years old nest march he was not in good financial circumstances the court said lie did net want to send him to prison and sentenced him to ay a fine of 50 and costs THE CAPE CONTINUED mr evans then presented himself before the jury and stated the nature of the evidence that would be offered in tha dudley incest case mrs sammons was the first witness sworn she was engaged in the practice of midwifery waited upon mary jane dudley last may at lake shora the child she gave birth to was small would weigh about five pounds the confinement took place at defendants house the child was born before witness reached the house and she washed and creased the baby mr dudley was there but said nothing julia mikesell said defendant was her brother in rosmary janes sickness there had been no evidence in the appearance of her condition she testified thai mary jane admitted whose child it was was present at the birth defendant did not say choso whoso child it was and made no inquiries he was sick probably because he had the toothache dext morning he went away on horseback he said he was going to pet his tooth pulled how I 1 came to be there at alie birth was by an accidental calli made it was on the sunday evening had no idea until the child was born what the matter was with mary jane and I 1 saw the baby defendant is thu father of the baby defendant is the father of six children mary jane being the oldest but one she was in charge of tho house did not so away from home much cross examined they lived half a mils from us houses are scattered had seen mary jane every day or so and did not mistrust ahat anything was wrong with the girl only that she was eick she had complained some time before of being sick she never told mo what the matter was never heard defendant upbraid mary jane of ampro printies prie ties to mr evans tsia child lived only three weeks mary jane dudley was next sworn my mother is dead since her death I 1 lived at my fathers house doing general house child is named A dudley aged 20 witness is 18 years old she and her two slept in the bed room and lor father slept there the boya ia the other room there being only two rooms father camo to my bed |