Show V ak I 1 I 1 A DAY lift COURT I 1 L 1 14 another trial of the BOX 1 1 J case 7 4 V 4 k 4 I 1 IN f atti a aw levu I 1 united states commissioner 4 11 taken to task Q 1 I HE IS INA BAD dilea UIA lot N I 1 I 1 f j him in 1 reputation I 1 I 1 1111 13 I 1 4 k death of an lgee Esti I 1 lall atil I 1 from a aid broke his irm I 1 depot bets it ito a COURT the der case tried once more 1 U S thir acter 1 I 1 the first district court opened yesterday nov at 10 it in 4 win 11 Kol dewyne a native of holland now of ogden applied for k citizenship lie answered all quo Q eions satisfactorily and was admitted the first case on the docket aras the 1 1 states vs elijah box brig ham city unlawful cohabitation A ht of witnesses mite called of whom were present after which a it wa oral dueled bryt A or eleven jurors b ad been excused for having been on the panel that fori nerl tried the cam been members of t l 1 a grand jury that found 1 the Indict mentor for baying expressed r I 1 an opinion the panel was filled as follows charles webb i 0 31 peteri loebl 0 thomason M skeen thoma frasier C 11 boyans james 1 jesse vanderhoof Nander hoof F S I 1 garner bluford bab oe E 0 wattle frank williams the indictment bovere d the first r six months of 1884 richards defended I 1 stella box daughter of defendant by the arst gilfe roxana was 1 the first W 9 called she had five 1 and one brother s tile youngest was born jan i 1884 defendant was married to wi t ness I 1 mother in witness had I 1 au 0 half brother he was born april 10 I 1 ilia mother was sarah box the latter in brigham ct during the period covered in the witness father married sarah ten or 1 eleven years ago the two wives lived together until julep ISM then the first wife removed defendant owned a store sarah would come there sit times to disko purchase a defendant I 1 had not visited sarah ro inoval to witness knowl edge saral had been to house once I 1 sarah made all her pur chres at the store as w As ilia wife of witness fath eshe r defendant had claimed sarah as his wife and still claimed her as such cross examined sarali was at rox agals house a year ago at the funeral of witness sister as soon as the new bouse was completed witness mother moved into it it was in the summer in 1884 the store was north of house and defendant had to pus tile latter to reach house the store was now da tim south side august nichols son testified ile knew defendant and sarah the new house was built in 1882 1 hauled brick in tit a I 1 al 1 f I 1 8 w 2 for that i c ddn ot say wh en a house w 9 dished de fend ant ra ov 1 from th lot sa no bocc u I 1 8 in july 1883 mr peters did you not testify at the other trial that they moved in 31 a no air peters ire you willing to swear to that witness yes air bir peters what did you testify objected to as prosecution was tin hl 1 I 1 11 d he was only to re freeli witness memory and the defence did not insist 1 M r pe term what did you ratify on this subject I was not ap ked the ques tion before catherine graehl was called she had known defendant 9 bout five years in the spring of ISU sarah lived near h ad visited sarah several times maw defendant come from saraha gate about once a week in 1894 could not say that lie came from the 0 ja those occasions he came from around the house this was some after babe was born had not seen defendant before that time had not seen him there oftener than once a wee kuever saw I 1 liall in house never saw them talking tok ether bad seen sarah at the store of asir box had a bellat a lt the back of his store if he locked tale backdoor of his store he would have to go through the gate in fronta front 6 house to get to ill 0 alouse as there was no other gate to I 1 witness knowledge samuel hadley WAS coiled knew sarah F box she was his sister guessed that jug defendants wife had two children last april the store is south of ago house in north of the bousa partly supported f by dressmaking though mr dexl I 1 arnisher arni shed jhb rest i witness had g bee livin ith sarah since hem 0 v ad from ill cemile ce mile creek in 2 saw box at 83 house the last time about four anda balf or five jeers mr peters flauree that four and a hall years woul brin it to may or jima 1884 which witness gave as 1 jila b e at recollection 1 w i ane s said defend an t had taken I 1 at house and stayed ever night after had removed cross examined defendant had visited sarah wb ilo roxana lived ith them but not after that he had not visited since the last I 1 child was born on mili and cross examina tion witness contradicted himself I 1 W until tile court t L maillar la illar manner jilin I 1 a hand to the court he stated that he had not told mr peters that defendant a is d at house after boxa us ad moved aw ai the witness was evidently con casad land failed to understand th various questions put him by th At tomeyo I 1 1 f I 1 wms k I 1 andrew anderson ole larsen ah ties munson and niels 11 01 sen all natives of swede u now of cabbe county were admits ed to citi ia p t A adjourned until 2 p in 2 P m samuel hadley was re the urt t 01 d him t list bi was not vet ra leased as a witness and t list tho grand j ary would be to investigate th a mit tte r and fin ast er lie was not of perjury af Carrini lt U of brigham city was the next witness wit noss ile testified that lie distinctly remembered wing mr box at hougo from two to seven times a week during the first halt year of 1884 had seen him in tile aalt e r part of and beginning of M cross examined discovered these visits while going down the a creot had seen him enter the house several times was positive of this did not know t 1 0 o knocked before enter ing didiot recollect seeing defend an 1 CO king with sarah ph aff defendant granary or cellar at the back of house in I 1 lie had not seen defendant enget the dar ev time lie was near the house yet ter lad seen defendant enter the door from two to six times a week witness was a united states in city bad armisted aRs isted 1 au ty by telling him where bitne les resided ahn the deputy had subr w to serve mr It ichards blaye you helped the to arrest defendants in thesa caba ot to by tho tion the objection was sustained as tile court I 1 bought tha mcra fact of it 1 a v in 1 d to make an arrest cou 1 d rio t 1 his credit in court mrs carrington was next calla she wait acquainted with defendant and sarah box had met defendant at house while there on a visit he remained but a few minutes aej asked for the Ra saw doi fondant there 8 while witness was present did not hear him rap before coming in lad passed house I 1 n 1834 when her child was born ad seen in the yard at that time al lending to his business carrying his eggs and butter into the cellar cross examined did not see do fondant in house in the first part of 1884 here the prosecution rested henry stander convicted of adult e by his plea of guilty was fa sentence ile was 68 years of age naturalized en had not with his first wife for the past 18 years the court sentenced him tty I 1 six prosecution and costs of beuel W obray convict edof unlawful cohabitation by his plea of guilty was called for sentence ilef was 0 years old a farmer by probes siou married his last wife 19 years go had no children by her was livai log exclusively with the first wife and had been for the past three years the court asked it there wa a any trouble in apprehending marshal eburn stated that defendant had given him a chase but thought that any man would do something of kind if placed in similar circumstances as those at the arrest of mr obray ile as sentenced to pay a fine 4 aw and coats thomas obray convicted by ilia plea of guilty of unlawful was c ailed for sentence ile was ua years of age ilia youngest c i I 1 itz the plural wife was 16 months old se rated hii hi i families two years ag 0 lie was sentenced to five months tin I 1 rison ment and the payment of the coa ts of prosecution the following are ordered to appear on saturday dec lot to plead to indictments found this term under the edmunds tucker law gustaf W gustafson garrett wolverton stephen nye robert Crali shaw lens N erikson phineus cook jor jensen peter jorgensen p johanna agn poulson tile lox case was rearmed rean med frank snow was called for tile Is falice he was a brother in law to do fondant fen dant the reputation among deafen daeta and neighbors was that ile was living with his first wife tha repute began at ilia time tile farn alies ere separated L 11 jensen testified that he was ac qua with defendant and his families the repute among tile people was that defendant did not live with sarah had not done so since the families ere separated the separation took place in june or july I 1 cross examined mr peters ard you a member of the mormon church W atness yes sir mr le mr box 7 objected toby defence Mr Peters stated that it was I 1 to test the credibility 0 the v and his intimacy with lant the defence submitted that ckuj not be reached by that question the court however overruled the objection and witness answered mr peters the s affirmative willis booth was called ile core the testimony of th pro witness was acquainted with di carrington ills reputation for veracity was not very good would riot believe him on oath cross examined had had no trouble with carrington except when the latter crowded himself on to wit ness there were several neighbors of witness among whom ons reputation for voracity was gen arall y ba 9 did not remain ber when he ha th a rot trouble with barring ton mr for whom were you on this trial witness for the government BIT are you a member 0 I 1 the mormon church witness K 0 ar it K wilson was called knew dr ons reputation for tr nees it not good did not think he would believe him on oath was not a mormon crow examined had never had in y trouble with carrington about 95 per cent of the population of brigham city were cormons mormons Mor mons had been bubp used today to day had not had any conversation with defendant aa to 11 but testimony witness would give had been in jonah CAM came down this morning mr coombs knew Us brincton bal known blin for a year witness had boeti A mo anion when a was not one now knew I 1 ons rap 11 tation it was not very good cross had not been succeed carrington as U anxious to 8 commissioner did not know that fitness application for the office of a U S was still pending before the supreme court there had been such 11 n a circulated but witness ha not solicited situa atutes on this al yet he had taken no steps to gt gapit pit had taken steps to have carrington from omos had gone to salt lake once i or that purpose was not paid for it his olpe anses only were paid and that b the liberals of the city J it C K ago li ve d at brigham barrington did not know his re tation for truth in that vicinity reebe Ite sIded at brigham was abo of we city itz 1 0 W 1 A 1 I I 1 1 1 1 1 I 1 I 1 Cald know his general deputa be bad would not believe under oath cross examined knew barring Car ring tons neighbors one was horsley a mormon another graell a mormon convict eLl of cohabitation ell jensen a mormon box a mormon thought 05 per cent of ilia population were bloam ons lived at brig ain know carrington was regaled to atah box tho ie among the families war that defendant and sarah did not live together witness was a mormon sarah was called fled that defendant had not ii veil with tier during the period named in the indictment her babe was born A arll defendant did not is her in allric and alay of that year roxan ox moved away from witness house j list bufore july ath 1883 cross examined did not state at the last trial that moved in tile spring of 1833 had at that time stated tile and 2nd or ard 3rd cf july as the day ess lived with as big wife until july 1893 since then lie had only come to her door bonce that was in IBM was not in the house in sept 1883 when mrs car ri a agton camo to get a dress defendant did not visit witness he was not in suit out of the house the pantry the kitchen or tile cellar at any time to her knolla 0 during 1881 did not come to wib or chit I 1 won after its birth lie never saw ilia child to her personal knowle I 1 after it was able to walk and roxana lived t eaber for a year and a half M as called recalled re I 1 to had heard carrington say at noon this da to mr wilson as he was passing 11 oll alx him 4 here the defence rested mrs badali box was recalled by the prosecution and testified that she had lived at the place she was now living at all the time some five months during be lived at three mile creek the property was bought for witness she was than to cess she was in hiding did not know whet her box a w L lle was there or not went to livo therein there in november 1880 came back of bar awn accola after boas arrest andrew larsen was called by the prosecution lie was acquainted with carrington knew his reputation as to truth and veracity vers city it kasnot very good belonged to tile iame church as august nichols son was called by peters ile knew dr carringi for truth had heard nothing bad about it 1 cross examined flad heard both both good and bad was not a mogon frank snow was recalled knew ons reputation for truth some said good some said bad air peters div I 1 dad are they witness ye I 1 3 ill r mr te re th ev are goner ally divided eve ry if ang up there are the not i aness 1 t seems soa oliver dudley know carrington reputation for truth knew it to good cross ex lived seven miles from brigham knew horsley a at brigham had never heard him say anything about barring tons but he had spoken favorably of him another man at willard bad spoke av orally of him nothing its to his truthful ess hou ever another man a low had spoken about C r in tons reputation for a n veracity its wing good there were a few more witnesses to call buethe hour for adjournment had arrived and court until to day at 10 a in when dr carrington board his character assailed lie at once flow to mr peters for protection tacked himself under that gent lemans loving loga and made such suggestions as ito thought necessary for his own vin di cation in fact he became the do fondant for a little time while box a speared to have been forgotten at es lie would ally out among the 9 select certain wl an air of confidence ans jell seemed to fry 1 I can rely u 0 y 0 u 1 nd en I 1 11 slat upon his t e g th 1 in to testify ro the guam en t I 1 h spectators it only made matters worse for him as the testimony was not such as he wanted last night many liberals on the streets thought t h at ilia truth bad at last teen brought forth some said that thea had at first thought carrington imposed on at brigham city but after a little intercourse with him bad concluded that all they had heard of him was not a lie and trusted that his removal could now be secured |