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Show ROSSITER AND DAYNES. The Latter Acknowledges the Law Supreme, Su-preme, and Promises to Obey It in the Fntnre. The Jury in the Ross Iter Case Oat Three-quarters of an Hour, and a Yerdict of Guilty. It was nearly 4 o'clock yesterday afternoon after-noon when the Rossiter jury was secured. The following well-known Mormons and Gentiles compose the twelve in deliberation delibera-tion : Adolphe Anderson. L. A. Scoville, T. C. Armstrong, Jos. Foreman, Jas. P. Keat, Walter Almy, . W. E. Jacobs, . C. T. Stevenson, Robert Mulhall, Wm. McKae, Jas. Anderson, George Mullett. The indictment was read charging W. A. Rossiter with having lived in unlawful unlaw-ful cohabitation with Eliza Crabtree Rossiter Ros-siter and Myra Young. Evidence was begun by calling William Wil-liam Crabtree to the stand, who testified to knowing the defendant; Eliza Crabtree Crab-tree Rossiter wis his sister; had known defendant for twenty years ; called at his house on an average of once a week for the past two years ; Eliza has six or seven children. child-ren. Witness had taken meals at the house when defendant was present ; it is a one-story dwelling, with five or six rooms ; youngest child is a boy about three years old, and named Ernest; know Myra Young, but have not met her for many years; never visited at the Bee Hive house. Know Phoebe Rossiter; she is defendant's daughter and married to Mr. Badley. Mr. Rossiter lives with my sister. Mrs. Phaibe Badley: My mother is Mrs. Eliza Rossiter; I have a little brother called Ernest, who will be eight years old this October; her father passed most of his nights at home, but sometimes some-times he was away. Charles S. Burton: I have known Myra Young for about fifteen years, and Mr. Rossiter nearly as long. I visit the Bee Hive house frequently, and am related re-lated to Myra Young by marriage ; never heard her called Mrs. Rossiter. I have seen Mr. Rossiter at the Bee Hive house, but not at night or meal times. Myra lives in the north part of the house. Don't know whether the child is called Young or Rossiter ; saw defendant seat Myra at the Theatre ; Rossiter goes to the Bee Hive house ; I think he has something to do with the business of the heirs of Brigham Young. Henry Snell: I know Myra Young, am her brother-in-law ; my wife and I visit the Bee Hive house ; I have seen Mr. Rossiter there ; I don't know ot his boarding with Myra Young ; have heard she is the wife of Mr. Rossiter ; have seen a child with her, but don't know whose it is. Am a brother of John W. Snell. Julia Burton, the wife of Charles Burton, Bur-ton, said : Myra Young is my sister ; she is about 30 ; don't know whether she is married or not ; have heard in my own family that she is married to William A. Rossiter. She has a child called Russell Rus-sell ; don't know its other name, or anything any-thing about its father; I don't know where she is; havn't seen her for two months. Mrs. J. D. Spencer, testified ; Myra Young is my sister, and reported to be married to W. A. Rossiter, who is said to be the father of Myra's child, Russell ; saw Mr. Rossiter at the table with Myra and others. John D. Spencer said : I live at the Bee Hive house, where 1 was married a little over three years ago. I have underetood that Mr. Rossiter and Myra were married. mar-ried. Their child is named Russell Rossiter. Ros-siter. , Eva Davis: Myra Young occupies a portion of the house connected with the Bee Hive. She is my sister. Have seen Mr. Rossiter there, who is reputed to be Myra's husband ; presumed Russell Rossiter Ros-siter to be their child; never saw Mr. Rossiter in my sister's bedroom. Mr. Rossiter has business at the houses of the heirs of . Brigham Young's estate, and calls at mine. Court adjourned until to-day. This morning's session of the Third District Court opened up with the case of the UNITED STATES AGAINST JOHN DAYNES, Indicted by the Grand Jury for the crime of unlawful cohabitation. Mr. Daynes withdrew his former plea of not guilty and pleaded guilty of the offense charged against him. He was given time to plead, but waived it, and made the following STATEMENT. I most respectfully submit to the Court that I am a member of the Church of Jesus Christ of Latter-day Saints. From the teachings of the church and from my reading of the Holy Bible, I was and am of the opinion that polygamy is as justifiable justifi-able in the sight of God as monogamy, and consequently married a plurality of wives. I believed that the laws passed by Congress against polygamy would be declared null and void when tested in the courts of appeal. I have watched the progress of cases in the courts, and now, seeing that the Edmunds law is ruled upon in the court of last resort as being constitutional, I feel it to be my duty as a , citizen to submit to the inevitable", and obey the law as interpreted by the courts of my adopted country. x . I have at this time a large family dependent de-pendent upon me for support, and feel it to be my duty still to protect and care for them, and as all I can earn these dull times is not more than sufficient to support sup-port them properly, I ask the Court to deal as leniently as possible with me under the circumstances. Jno. Daynes. In a few kind remarks Judge Zane imposed the lenient fine of $150 and costs. Mr. Daynes, through Attorney Darke, asked the Court: "Am I compelled to live with either of my wives ?" The Court replied in substance that defendant is in duty bound to live with his first wife and provide for her and her children. Under the laws of Utah it is right for a man to live with any woman as his wife, so long as he holds her out and treats her alone as such. THE ROSSITER CASE Was called with witness Mr. Alfales Young : I reside in this citv ; have been acquainted with defendant, "Mr. Rossiter, for twenty years; know Myra Young since childhood ; she is my sister; lives in the north extension of the Bee Hive house; visit her frequently; she is re- Euted to be married to Mr. Rossiter; ave seen Mr. Rossiter at her house occasionally oc-casionally ; have seen Mr. Rossiter there during the day and at the table during meal time ; Mr. Rossiter sat at the table as apparent head of the family; have seen little Russell, the 3-year-old child, there ; understand that Mr. Rossiter stays there as the reputed husband of my sister sis-ter Myra, who bears the name of Rossiter. Cross-examined I remember the marriage mar-riage of Mr. J. D. Spencer, a little more than three years ago. I think the child is between three and four years old, dating from the time when I moved from the Bee Hive house. - Spencer Clawson I live in the city; know Mr. Rossiter; have knowq Myra Young from childhood : she is a sister to my wife ; she lives in the north part of the Bee Hive; visit there; have seen Rossiter there ; have been there in the afternoon to a dinner party ; Mr. Rossiter Came in late, when dinner was about over; she bears the name of Rossiter Ros-siter in my family ; Mr. Rossiter has been to my house at dinner parties when Myra was present ; never heard Rossiter speak of her as his wife ; I cannot say how I formed the opinion, but I think they are reputed to be husband and wife. Cross-examined Have known Mr. Rossiter about fifteen years ; ever since he was private collector for the late President Pres-ident Brigham Young; he is agent for the heirs of the estate ; he is compelled to visit the houses of the heirs. Mr. J. D. Spencer, re-called: Mr. Spencer, do you know where Mrs. Young is? No, sir. Do you know whether she was at home this morning when the officers called ? I do not. The prosecution announced that all their evidence was in. : , Judge Harkness : If the Court please, this case comes under the Edmunds act, punishing the crime of unlawful cohabitation. cohabi-tation. The law embraces three things in the treatment of these cases. I apprehend that ; . your Honor would charge the ; jury that the defendant had lived in the house with Myra Young a portion of the time in the marriage relation. Again, some of the witnesses put on the stand by the prosecution were asked if the defendant was not reputed to be married to Myra Young. I contend there can be no authority au-thority for carrying the question so far as to make a business or social call at the house of a divorced wife or friend a repute of cohabitation. I am now moving to strike out from the evidence that this man has been reputed to be married to Myra Yonng. The evidence that the defendant defend-ant has been at the house a dozen times, does not show that he lives there. The reputation that he must be married to Myra Young because he has made visits there of a business relation is not admissible admis-sible as proof that a marriage exists. Judge Kirkpatrick spoke to show that if this alleged offense is to be treated as a crime the same proof must be given as is required in all other crimes. Hearsay testimony is incompetent as a general principle in establishing the guilt of any person. If no better evidence than common com-mon repute can be brought as proof against a defendant, then the rumor is sometimes taken with credence in a restricted re-stricted sense, but something better than mere talk and reputation is required to establish evidence against a defendant on trial. The fact to be proven is whether these parties here reputed to be married are dwelling together in the marriage relation, re-lation, as your Honor ruled 'in the Mus-ser-Cannon cases. If these persons are living together within the heart of this city, can no better proof of- unlawful cohabitation co-habitation be made than the giving of rumor and reputation ? The defense moved to strike out the testimony as to repute of marriage, etc. The motion was denied in part by the Court, and only allowed in one view. The defense rested. Mr. Varian summed up the evidence adduced to show that the only reasonable conclusion to arrive at was that Mr, Rossiter Ros-siter is guilty as charged in the indictment. indict-ment. At 2 o'clock this afternoon the Rossiter case was resumed by Mr. Varian citing many references showing that the same evidence admissible in other criminal cases would be taken in U. C. cases. Judge Harkness made some pointed remarks.and was followed by his associate, Judge Kirkpatrick, in attempting to show that this class of cases could not legally be based on inferences and presumptions as evidence. Judge Harkness complimented compli-mented Messrs. Dickson and Varian for the able and fair manner in which they had conducted this class of cases, and addressed the jury in a logical and forcible manner." It was admitted that Mr. Rossiter had married Mvra Young, his plural wife, and had a child by her, but that since the Edmunds act the defendant had lived in conformity to the law, and no case existed against him. The jury after being out three-quarters of an hour, filed into Court and reported a verdict of guilty. The Court then fixed October 10th for passing sentence. |