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Show BRAIN AND HIS RELIGION. Another Nice Illustration of the Beauties Beau-ties of Celestial Marriage. An Attempt to Influence the Court by an Appeal to Abraham, Isaac . and Jacob. The Appeal Is Denied, and Brain Is Awarded the Usual Three-Six. The Third District Court opened this morning at 10 o'clock with the well advertised ad-vertised polygamy and unlawful cohabitation cohabi-tation cases of Edward Brain. All the witnesses were present with the exception excep-tion of Susan Jackson, for whom an attachment at-tachment was issued. All the witnesses in the other cases were excused until tomorrow to-morrow morning at 10 o'clock. The following fol-lowing jury was easily obtained, passing the usual questions relative to statutory qualifications: William Skewes, T. C. Armstrong, J. F. Bradley, W. E. Smed-ley, Smed-ley, George Barr, Edmond Wilkes, C. L. Haines, James McTiemey, J. H. Noun-nan, Noun-nan, Adolph Anderson, and W. C. Lyne. The clerk then read the indictment against Mr. Brain, to which he had pleaded not guilty. JOSEPH D. BRAIN, A son of the defendant, was the first to give testimony. In answer to many questions ques-tions he stated that he was a son of defendant de-fendant and of Mary Bailey Brain, the first and legal wife ; lived in the Twentieth Twen-tieth ward ; has two brothers, Edward E. and Charles G., and a sister, Matilda Brain. Didn't know Susan Jackson; knew Mary Ann Johnson, his . father's divorced wife. Knew Janezes Paters, the alleged third wife of his father; she lives in the Twenty-first ward. Didn't know that she was his father's wife ; she lives in a house belonging to defendant, with her brother, Fred Paters ; have seen defendant de-fendant there a score of times, once at the meal table ; have seen Janezes Paters with the infant baby; it is reputed to be mv father's; defendant passed no time at the house of witness ; ceased to stop there about two years ago ; defendant lived last year in his house at the brick yard with Miss Paters ; know Mary A. Johnson," she lives in the Twentieth Twen-tieth ward about a mile from Mary Bailey Brain's house, where I live ; father lived with Mary Johnson Brain two years ago, in the fall of 1883; don't know whether he lived wi;h Miss Paters during the same time or not ; prior to November, 1883, he lived all the time at our home, save a night or two a week, when he called on Miss Johnson. MARY ANK JOHNSON Testified : I am the second and divorced wife of Edward Brain ; got my divorce about one-3'ear ago; married defendant fourteen years ago; live at 417 Fourth East street, in the Twentieth ward; have had seven children by defendant; Brain ceased visiting me about three years ago. Know Mary Bailey Brain, she is his honorable hon-orable wife. When defendant left me don't know where he went, but think he made his home with Janezes Paters. I know her; she used to wash for me. The neighbors say she is his wife but I can't say. Cross-examined by the defense. I know Susan Jackson ; she is married to Mr. Jackson, of Provo. MRS. SUSAN JACKSON. I was married to Mr. Jackson, who is now deceased ; was married to defendant Brain in 1842, at Bath, England; was divorced here and married defendant some three years afterward; in 1861 got a divorce from Brain bv the Mnrmnn church ; have six children, two of them, Frank Brain and Mary Swartout, married, live in Provo. Cross-examined I was married to Brain, Graves, Cooper and Jackson. JANEZES PATERS. Am 24 years old, came from Holland four years ago next November with my parents, two brothers and a sister. We all lived in the Eighteenth ward for a while on money brought over; father now works by the day ; hired out as working work-ing girl for Mr. D. Bockholt in the Fifteenth ward ; stayed there about eight months then went to live with mv people m Mr. Brain's house, in October, 1882 In 1883 1 lived at the brick yard. This is the young woman who could not talk English a few weeks ago when before Commissioner McKav, and had to have an interpreter. This morning she showed the brains of the Brain family and told a very" clear story in an intelligent intelli-gent manner. She said she married Edward Ed-ward Brain in the Endowment House this city, on the 2d of February, 1882; defendant visited her a night or two each week until 1883, when he papered and fitted up the largest room in his house on the bench for her after abandoning the other two wives. Witness was asked to explain how she got acquainted with defendant. She left the stand and got her baby, which was crying, and returning, said: "Well, I first met Brother Brain at the Assembly Hall, soon after I came to Salt Lake. He was putting down a window, and said, How do you do, Sister Paters?' So we got to courting, and we had a place to meet to court a little. After a while he took me home and I married him ; my parents didn't know it; my baby is now nine months old, and Mr. Brain is its father." lhe prosecution excused her, and she started for her seat, when suddenly stopping, stop-ping, she said : "I want to say that that woman (Mary A. Johnson) says I used to wash for her. That is not so. It was my mother. She wants to make me out a washerwoman. Cross-examined How did you manage to meet Mr. Brain? Well, you see, we had a sparking place, and he would inf. watch for me, and when I showed up we would go home together. It was almost impossible to keep the crowd from laughing during the "unvarnished "un-varnished tale," and even a smile crept over the faces of the Court and jury. "What day of the week did you go through the Endowment House?" It was Thursday, February 2d, 1882. A sister of Mrs. Paters Brain was rlu' but ve no material evidence. The prosecution rested the case, and Judge Zane addressing the jury as to the two offenses charged in the indictment, asid they should drop the polygamy cuont ; they should weigh all the evidence evi-dence and bring in the verdict accordingly. accord-ingly. The bailiff started to conduct the jury to the secret closet, when they announced an-nounced that -all were ready to render a verdict without further consideration, excepting ex-cepting J. F. Bradley, who desired to enter en-ter the side room for a little reflection, and accordingly the eleven men followed, and all returned in about ten minutes with . - A VERDICT OP GUILTY Of unlawful cohabitation, as charged in the indictment The defendant's face turned a deeper crimson than it wore while his young Janezes recounted their happy courting nights. The jurors were discharged, and Brain was told to stand up, and the Court addressed him in the following language : As you understand, in this case you : were indicted for unlawful cohabitation and have been found guilty by the jury. Have you anything further to say before judgment is pronounced ? BRAIN'S WARD SERMON. I would like to say a few words. I have been a member of the Church of Jesus Christ of Latter-day, Saints for forty-one years. I embraced celestial marriage many years ago as a divine revelation from the God of Zion, and I say so yet. I am an instrument in the hands of the Lord to do His work. I have seen the lame made to walk, the deaf to hear, the blind to see, and the sick raised up by the followers of this gospel. I know that this is the Kingdom, and we are the chosen of God. In the words of Brother Clawson, I had RATHER GO TO PRISON WITH HONOR Than have liberty and dishonor. I say and can "bear my testimony that the Edmunds Ed-munds law is against the Constitution that gives free religious belief and practice. prac-tice. I know that the religion of Abraham Abra-ham and Jacob, John Taylor and Geerge Q. Cannon is true, and it is my religion. THE .COURT'S LITTLE SERMON. J udge Zane, in an impressive manner, said : Mr. Brain, you understand the verdict of the jury and show no signs of cnanging. lhis marriage which you term celestial seems little less than blasphemy, in the face of your abandoned wives. In view of all these things and your statements, I see nothing promising of good. You seem to defy the laws, and, as shown by the evidence, you have degraded these women, and a man who marries young women, raises children chil-dren by them and then throws them off,is a poor, .moral leper. Your appeal to Abraham Ab-raham has little effect. Civilization at this age will not tolerate such conduct. Your wives and children scattered, no lawful names, and each and everyone left degraded, I see nothing whatever redeeming in your case, for the evidence .and statements show your conduct to be disgraceful and unlawful. un-lawful. The Court will impose upon you the extent of the penalty. You will pay a fine of $300 and costs, and be sentenced to six months' imprisonment, and stand committed until the fine is paid. HOW AN EX-BISHOP TAKES THE MATTER. Ex-Bishop Andrew W. Cooley was arraigned in the Third District Court this morning on an indictment of the Grand J ury chareinff him with unlawful cohabitation with Rachael Coolev and Annie An-nie Hagan. He asked for time to consult Attorney Brown,. and was given till Monday Mon-day to make his plea. Cooley presented the appearance of a vanquished warrior, with his head bandaged, his face and nose covered with plasters, in consequence of several recent drunks, probably on account of the unpleasant spectre of six months in the Penitentiary. . |