Show Bill CUBED 1 I I Arguments inf Wray Kearns Case to Over Till Tomorrow 7 THREE HOURS TO EACH SIDE SIDEI I THE CASE WILL BEACH THE rUB r THTUBSDATT EVENING 1 j 1 Very Little of Interest Was Develop i ed Yesterday Experts In Handwriting Hand-writing Differ Some Testimony Offered By the Plaintiff In Se buttal Evidence as to Reputation of Witnesses Ear Truth and Veracity Ver-acity The testimony In the WrayKearns case closed yesterday afternoon about I 4 oclock and the arguments went over until Thursday morning at 9 oclock Each side is limited to three hours so that the case will be submitted io the jury late on Thursday afternoon The reason for not arguing the case today Is that it is the Hebrew New Year and one of the jurors Mr Greene ivald1 belonging to the Hebrew faith had conscientious scruples about engaging en-gaging in ther than religious exercises on that day and out of deference to his iews the continuance was granted MR KEAUXS RECALLED Mr Kearns recalled in renly to Mr Zane said toe never received any telephone tele-phone message from Mrs Kilpack and never had any conversation with her through the telep jne Witness again repeated the conversation which took jjlace between witness and Hobbs when the latter asked him for work Ellas A Smith cashier of the Deseret Savings bank was shown two letters written by Hobbs to Kearns and also the letter which Hobbs denied having I written but which the defense alleged he had written Mr Smith gave it as his opinion that the signatures to the three letters were by thesame hand Deputy Clerk ofthe Court F TV Little Lit-tle after examining the signatures said that 3ie could not say with safety that the one to the letter the authorship of which was disputed had been written I writ-ten by the same hand as that of the others Mr Weber recalled corrected his I Testimony stating that he arrived in Salt Lake from Illinois in the afternoon I after-noon about 330 instead of in the morning morn-ing as stated in his direct examination examina-tion tionThe I The defense rested and Mr Zane on behalf of the plaintiff moved to strikeout strike-out all the testimony tending to show that Eula Wray ahd Hobbs were married mar-ried after the act of seduction is alleged al-leged to have taken place Mr Zane whHe not admitting that Miss Wray is a married woman contended that it is immaterial to her right to recover whether she married after the alleged seduction or not provided she was unmarred un-marred when the act complained of occurred The motion was argued at some length by both sides and authorities I author-ities quoted Judge Cherry overruled the motion t Ito I-to strike out but said that the question ques-tion of whether the girl was married or not after the seduction is I alleged to have taken place was not a proper one for lime jury to consider and he in his charge would so instruct thenL PLAINTIFF IN REBrTTAL The plaintiff opened in rebuttal and tailed Miss Hfcitse who testified that In April 1S37 she zfS clerk inrhejteie l > hone office at First South and Main streets Mr Varian asked the object of this testimony and Mr Hutchinson stated that it was to rebut the testimony of Kearns that he had never talked with Sirs Kpack over the telephone at all The dpfensu then objected to the testimony testi-mony as not being rebuttal and stated that such testimony should have been lut in as part of the plaintiffs case and his honor sustained the objection J McLaren said 111 was s crimta knew J B Long he worked for tihe witness in 1894 as a solicitor tihts city Yiiaiiis a l9j oavtiQd and ran the lnlp Pt < trl T Y nrl 11 for Wtness also for son mcaKfas Witness = I Wit-ness adso started the Tooeic Transcript Long never worked on Tinas power Lexiss repuiaUco for trutfii and veracity was very very bad Wiliness would ant eUeve 5i4tn uader oath Cross examined by Mr Dicksan wit jass soM Iangr hail rotjped hisn He had tin Oil wffll agaimc < h > m ail witness wanted was tJ have nollbJag lo dO wiitti him It was it 1S34 when Lo > nig nabbed him but out of charity tir gave titoi a job at Kaysvil ihrik t max may be there was the rip ts I rda off ro of-f 411ItI n vn Jin H icDUJjilLoo inK in-K 5H1e was r y vtV3 bad MRS HOBBS RECALLED Mrs H3bli mother of TViH Hobbs stifled that tie ana present < when Dr MoCa > Ha lam to attend Eula Wray Will Hobbs did rri introduce Eula tome to-me doctor ass hs wife or say aaytfting 1Qout hSr betei tCs wrfe V3je Mine t ira was at ttte < house of witness shs nod WtJ did rot occupy the same bed I I Cross examined by Mr Varfiai Do YOU know uiai BuJa and Hobs wont to Mr lansbrousiis and sitept out thee tXo Xo Did she assist you in tbe work ait your house Yes once in a wtfife but she patti for her bbavi mostly Where dW sheget the money from Stie tcid me Mr Kearns gave It to her I herAWorney W R Hutohtoson of counsel for the iilaloftuff took the stand and I testified ki reference to tilso etai emRtt made by Mrs Htackley to 10 effcfct that Sir HuitchsBBJin had seit a mss I sage by her to ths witness Graiiem Halt I he had better net tseittfy to hs fcav ag iad cromcnal retarcoiis with Eula WItty I for tie vea9on tilt sCie was ur3fr MIme oe of consent and that he wxnd < be I likely to Ret into the penlte itliiry if ha tf ffi3 that he had tiad suciii rslatirns wiUi tier Mr Huitchlnson ccwVt jy donned hat h J e iiad sent tile mr sam I indicaited to Graham or any rnrssae wthsercr Mrs Kilpack resalted sold s = he k1IW 1 II a YJC1 man nanied Locip H > came house Kreral times to witness for food Kula Wray ntmeBs daughtC was home from Pack Cry in December I I 1S95 aswl went back to the Park in lvj I ftodCotvang Jainasai Witness remembered remem-bered the day Eua went to the Hot I Springs 11 her lIe l hrother Tloey left home about 2 or 3 oclock tn the i affltcrjKKm Wjicness went out to gx > W 1J2 F > r5ngs in the evenine Tihs Seat traito had gxane and ale started out to walk und met Euia ivolklng towTardls tuw Pttio was wtth LMXVZ and was crjng WAn eB aske Long WilY he hat sent I bn > ther hcme unkrac vn toNs to-Ns Pistt aad ie sad fae Intended com xiZ In with Eua on the last toito but nwsT it and then siartenS to w > Hk ts the Wam Spn igs taere JatcaiSasr t > pat Hula oa idc cau When witaoas went to Park COty to see K acT o be took a return ticket and soppti Mtli reiatJves nameil Dc nan Witness d3 not tell Kea tlhat bc hadn4 irtney to buy a ticket back to Salt Lake and dSSnt tell htm flhat she hadnt money to buy hsr dinner Crossexamined witness said she knew that Lon was working at the Hot Sprlnc and that her daughter went out to the Springs to meet him Mis Wray the plaintiff recalled said Graham was in Park City when she went up to the Park Graham had two sisters Witness became engaged to him in the early part of 1S96 Witness Wit-ness denied hayingf ever at any time or placfTiaJd nminal intercourse with Xtllu Never went toa lodging house > < with him in Salt Lake Went to the Lyceum theater with him once left the theatre about 11 oclock and went home without stopping anywhere Became acquainted with Long in the spring of 1894 Witness said she never went with him to his room or any room and never misconducted herself with him at any time or place OBJECTED TO THE BABY Mrs Kilpack came into court with the baby and the witness was asked It the child was the one born to her as the result of her connection with Kearns The Question was objected to and the objection sustained Mr Zane We now offer the baby in evidence Mr Yarian We object The Court Objection sustained George Kilpack husband of Eulas j mother testified that Eula was in Park City in September October November No-vember and December 1895 I This closed the testimony for the niiintiff and in sur rebuttal Henry Newell was called by the defense to testify to the whereabouts of Kearns in March 1S97 but his testimony was objected to by plaintiffs counsel and the objection was sustained D S Spencer assistant passenger agent of the Oregon Short Line Railway Rail-way company In reply to Mr Dickson said he knew J B Long but not intimately inti-mately for the last ten years Did not know what his reputation for truth and veracity was and the witness was excused John M Young knew J B Long for many years His reputation for truth and veracity was good This closed the testimony and his honor suggested that three hours a side by allowed for arguments Mr Varian of counsel for the defendant de-fendant said he was willing to either take three hours or submit it without argument Three hours was agreed upon and the arguments went over until Thursday j I morning at 9 oclock |