Show feest DISTRICT COURT byron brown found guilty of perjury A FILTHY CASE DISMISSED BY THE COURT in which the defendant should have been punished on tuesday evening alie jirry in the case of J N jansen on trial for rape committed on lilda evanson brought in a verdict of GUILTY OF AN ASSAULT john II 11 plead guilty to unlawful cohabitation sentence was suspended on wednesday morning the case of the united states against lucius whiting charged with ADULTERY WITH nis WIFE was called up for trial A jury was em paneled D eans ando hiles prose buted and thurman sutherland defended after examination of a couple of witnesses by the prosecution the court was asked by counsel for ahe government to instruct the jury to render A or ACQUITTAL being insufficient evidence to warrant a conviction A verdict was thereupon given in accordance with the request of counsel lorin Hanner indicted for unlawful cohabitation WITHDREW HIS FORMER PLEA and entered plea of guilty sentence was set for nov the case of the united states against byron W brown INDICTED FOR PERJURY came up for trial mr peters and his assistants hiles and evans undertook to prosecute and sutherland represented the defendant following are the names of tho jurors sworn to try the case R A hills jr W A haws almon Robin sonG celmer C E sterritt john T leetham E W fox wm clyde S K roberts chas patten anderson meshack pitt the ottense of which defendant was charged consisted of alleged perjury in his answers when being examined in february last as to his qualifications for a grand faryman fu ryman it being alleged in the indictment that he had falsely and corruptly answered he did not believe it for a man to have living and more than one wife the reading af the indictment by mr haies occupied considerable time as the entire examination questions and answers from the reporters notes was incorporated in this document counsel could not avoid after reading the indictment to go into a prolonged argument on the merits of alie case irom the prosecutions point of view and took advantage of his position to administer scathing denunciations upon the head of alie defendant at the afternoon session on wednesday frampton alio had been convicted of adultery was sentenced to MONTHS J W jensen convicted of an assault was SENTENCED TO THIRTY DAYS in the county jail fred brown convicted of grand larceny waa sentenced to imprisonment the B W brown perjury case was resumed B W bachman jr was called as the first witness he testified that he administered the oath to defendant at the time of the em paneling of the grand jury term he repeated the language of the oath to mr sutherland recollect the examination but have not a distinct recollection of administering the oath to defendant jolin W pike official stenographer of the court testified that he took down the answers of defendant touching ins qualifications etc made a transcript af his notes for tle grand jury which he swore was a correct one of his stenographic notes taken on the occasion of the examination brigham 0 taylor was baom he said he lived in salt lake lived in lehi awhile where he practiced dentistry was a son of the late president john taylor known defendant for seven years and have been on terms of friendship with him think he is a member of the mormon church knew of his going on a mission once cant say whether or not only seventies go on missions remember being informed that defendant had made certain answers touching his qualifications as a grand juror had a conversation afterwards with him four or five months ago at american fork talked with him as to what the newspapers said about his answers in court understood from the papers that defendant did not boliere in polygamy when I 1 met him I 1 asked him how it was that he said he did not believe in polygamy and he said he did not believe it but knew it dont recollect that I 1 raid the reason I 1 call to see him was because I 1 like his answers in court think however I 1 said this morning to counsel for the prosecution in the clerks office that I 1 biad said something of the kind to defendant in american fork defendant told me he had got past hig belief t was knowledge with him understood him to say he believed it was right for a man to have more than one wife I 1 told him the reason I 1 had not gone over to ice i ce him was because I 1 had no money and also jocularly said that he now a member of the church joseph empy next took the stand and said he waa a member of the church defendant was also a member he believed heard of defendants examination soon after it occurred had a conversation with him at my house on the subject he came is a block liis duty was to teach the people their duties and the doctrine of the church I 1 asked him why he answered alio auts eions put to liim in court as he did he said he answered that that was the wa he believed he explained the defini the word belief believe he said ha was satisfied polygamy WAS right ill answer to mr peters witness paid he believed polygamy was a doctrine of the church to mr thurman have seen some cormons mormons alio did not believe in polygamy it is not a general belief never knew a block to teach polygamy never at anytime biad witness heard defendant preach or toach polygamy israel evans testified that he had known defendant since 1852 defendant is a member of lie mormon church and holda the office of a seventy remember hi going on a the special business af a seventy is to go on missions and when at home to act as a home missionary polygamy ia a tenet of the mormon church witness paid lie was not now a member of the church A year ago last june biad a conversation with defendant I 1 ex creeed my objections to the state constitution ution Ws biad a talk on alie subject he said lie did not repudiate polygamy thought alie forbidding polygamy would have a purifying afi act and prevent lustful men from practicing the principle to mr thurman th ero are doroe cormons mormons not believe in polygamy belief in the loc trina is not essential to membership there are a great many who dont believe it and the great majority of alie niem bera du not practice it athe tendency of the conversation wm on bi part t ahw that aen aba did not believe in polygamy could conscientiously vote for the proposed constitution ution to mr hiles have known officers in the church who did not believe in polygamy the doctrine is a revealed law of god that is it ia so received mr hiles then the law of god is paramount to the laws of man defense objected the court sustained tho objection and said the prosecution had gone fai enough on such matters david evans then took the stand and testified that lie propounded the questions to defendant at the examination of grand jurors there were fifteen all sworn together and defendant wai one of them sauce the examination had conversation with defendant it was on the train between here and american fork peter loutensock was present I 1 said to him you are a pretty latter day saint to go back on polygamy he said he had not done so and explained mere belief on his part but an absolute knowledge he went on to explain to witness what the definition of belief was witness then claimed that he delivered a moralizing moral izing lecture to the defendant and went on to repeat a screed of stuff he told the defendant on that occasion how awful y wicked he was to evade the truth had admitted in that knew polygamy was right to mr thurman 1 think I 1 did say when I 1 met defendant by vou are either a liar or a hypocrite witness stoutly denied having any feelings of ahrer toward defendant and claimed to be very friendly etc to mr hues defendant had claimed to witness that polygamy was a ous principle mr sutherland said the defense had a morion to make but thought it ought not to be made in the presence of the enry by order of the coat the jury withdrew mr sutherland then moved that the jury be instructed by the court to render a verdict of not guilt vand took the position that though defendant may have sworn diversely there should be independent testimony produced showing on which side he had sworn falsely it was shown that defendant had sworn to his non belief and subsequently admitted his belief the weight of the authorities counsel contended was in favor of their proposition that testimony such as had been given of defendants subsequent admissions could not be legally accepted to show that his oath had been a balse and perjured one the court ruled that the question should go to the jury and was not a proper one for the court to decide tho jury returned and took their seats and lars 0 lawrence was called by the prosecution to testify he that he had had a conversation with defendant in which the latter admitted he had not told the exact truth when examined the prosecution then reste dand counsel for the defense withdrew for consultation after returning they called george webb as their first witness he testified that defendants reputation for truth and veracity was good chiha davies thomas fowler joseph thurmal were called and testified to the good reputation of defendant J E booth was also called and sworn he said he was a bishop in the church belief in polygamy is not essential to membership there are many members in good standing who do not believe in the doctrine in ans er to mr peters witness said there were seventies who did not believe in polygamy to mr thurman have not heard subject discussed for more than a vear and a half past either in public or private to mr hiles it is a doctrine of the church for the head of the church to still receive revelations the bishop followed up with an able exposition of the doctrines of the church anadis much valuable information on the subject of true religion the judge remarked that he had been quite interested and thought he would look into this thing a little more ane rested and arguments w ere begun bv counsel on thursday maniag mr thurman delivered a very forcible argument for defendant and was followed by the closing ar gumeLt for the prosecution bv 0 hiles after instruction from the court the lury retired to consider their verdict the case of the people us john A came on for trial the defendant in the case was ACCUSED OF on the person of catherina delamore on september ath last all tho parties concerned in the case are residents of lehi in aliis county after the jury was sworn in mr evans asked that all but the officers of the court should retire and the order was so made after the swearing of the witnesses 0 whom there were about twenty the room was cleared catherine Delamo rethe complainants complain antt was the first witness called to testify she had lived in lehi since she was two years old Known the defendant about twelve years the witness then went on to narrate the circumstances of the assault made upon her by alie defendant examination of this witness the jury in brown penury case came into court and rendered a OP GUILTY as charged mr thurman asked for time to prepare a motion for a new trial the court gave counsel until december ast 1st the examination of the witness cath enno delamore was then resumed in tho aedmund rape case she contended the assault was made contrary to her wish mr dickson counsel for alie defendant put witness to a severe critical cross examination she said alie was only 16 yeara old and not 18 she denied having given defendant any encouragement ra at any time mr dicag on however endeavored to get an anan er from the complainant as to lier reason for passing by the path leading to her par ent s home after resisting and es canin defendants attempt an seeking refuse in a clump of beyond her home while persistently urging an answer from the witness on this point court took a recess for an hour and a half afler recess tho complaining bitnes y again took alie stand for cross examina tion she said alic had been going in the direction ot her mothers house and was dragged by the defendant to tho bush lie threw her upon lier back and committed tho outrage complained of ohp night w as dark moonlight the clothes worn by the girl that night were offered in evidence the mother of the girl mrs delamore testified to alie defendant and her going out together eliat evening at 90 that night witness went to the door and called for her daughter clie answered mother and cf me up with the tho uin said mother F biad no idea bohuny was that sort 01 a buy he has insulted me AV sau ahe condition of her daughter there wu blood on her laue and she was crying utterly Defend am was going off and saag good and ou will pay for this johnny in the house the witness questioned liter and asked if ahe had given encouragement to the defendant and she said no mother no auer obtaining all the facts from catherine after bomi and asked eliy he had alna lit said he know what add got into him but begged her not to tell hi mother and he would marry alio girl crosa examination by mr dickson the clothes are 10 the very same torn and soiled condition they were in when witness took them off bar diug ahe boy whoa witness brought him back to the bouso night did cot say in the presence of the gir that it was as much her fault as hia he said ae waa gorry and did not know what 4 i hiob ke dmn do aa he the prosecution rested alfred tinner was the first witness called by defense he had beard of the att air a few days after it occurred on that night he was sitting on bis porch from about 8 till 10 heard no alarm or noise about there the clump of bushes is about feet from his porch it was a nice moonlight night it had been any one calling within that distance witness would have bieard it cross examined by mr evans could not tell how much moonlight there was dr simmons went on the witness stand and testified as to the amount of hemorrhage hemor rage that would likely flow as a result of sexual under certain circumstances alfred fos testified that ii night september ath he waa bitting on the cattle guards on the railway track about half past 9 the clump ot bushes is about the cattle guards and wu had been alce alir c quarters of an hour before clial time hen defendant caine a bittle before that somebody aay goud night to johnny it was CiUi erile delambo Del amoo johnny stopped at the cattle guard about alf an hour may mrs delamore after he went and jim cillen linn back use wab up cross examined had heard callior ine holier to her brothers before ibn a hundred yards olt could recognize lier voice lie was positive lie knew catherines voice there was a difference between catherines voice and lier mothers the mothers is rougher reply was good night cathy james slater testified that three or four days before september ath had heard catherine say she would bo 18 nest april on the sunday september etli was at the cattle guard johnny had been there and gone when mrs delamore came and said bhe wanted to see johnny and I 1 called him kick for her to mr evans had no talk with will reese or andrew jacobs about this or asked them about it chas turner was nest called he was at ahe cattle guards on the liht of went there about half past niue it was about ten minutes after the curfew bell rang before eliat baw defendant and catherine come down the path and go along the track heard no noise it was moonlight know catherines voice and before johnny came down to the cattle guards heard her say good night johnny to mr evans it was not her mothers voice catherine said good night johnny come again saw three persons then at the house when I 1 heard this the mothers voice ia coarser I 1 than catherines catherines is quieter mrs mary slater said eh was over at house ou tuesday morning and clothes were not torn near so much as they are now to mr evans mrs delmore was showing me the burt that was stained was not looking tor the torn part mrs mother of the defendant testified that on the in question about midnight mrs delamore Dela came to my house and told me about this affair asked me to say nothing on monday went to mrs |