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Show TUE MILES C.V..E. G,o Weils to Answer for Contempt. Con-tempt. Is Carrie 0wm a Wife? b tHe QisUoq Bring DisC'issei. i Throughcut the sitting ot the court yesterday, the auditorium was filled . wiih pereona detiicus of bearing the : testimony in thia ca.-e. The bar en-' en-' closure was also tided with attorneys, ; court oflieiaia and some ladies. Dur-ire Dur-ire the arguments the jury were excused ex-cused and at about 4 o'clock were excused ex-cused 1:11 9. 30 o'clock thia morning. V. L. HOLLAND ! Was sworn: Know tbe defendant. , Am guard at tbe penitentiary. In October laet'wan bailiff of this court. Know Owec. Heard a conversation httween Miiea and Owen during the fiamioaticn of the defendant before Coromissiontr Sprague. I was tent io Cannon's with M133 Owen to get her things. Saw Milee there, and be cime with uf. He asked her if she would come bick to bim. Sue eaid, "John, I will il you will leave the other women and take me for your oly wife. After a time he said, "I will." He said, "Carrie, do you mean it?" She sail, "I do. ' Part of it was 6aid while walking along tbe street. He BuiJ "Do you mean it," when they got to tne head of the eUirs in this building. Cross examination Djn't know that tbeee are the exact worda, but I give the eubs'.ance. Milea left us at tbe marshal's omce. I think he started from Cannon's nith us. Was on tbe opposite Bido of the street part ol the time. Joined na at Jenoinga' corner again. Think be then remained with us till we got to the marshal'a office. Thia conversation took place on Mio street. It wan not continuous, continu-ous, but there wag a renewal at the uead nl the stairs. Sue said "womeu," I believe, and did not mention "wives." "If you will forsake these other women and make me your only wife, I'll go back to you." He said "Do ycu mean it?" She eaid Bhe did and be eaid be would do it. Tbia waa at tbe bead of tho stair. I testified testi-fied in thia case belore. My language was doubtless fresher then than now. Don't know what he first gaid. She was in the houae when bo first spoke to her. Heard bim aek her to go hack to Cannon's. In my other testimony testi-mony I swore bo did not say wivsa. . de paid women. I think that testimony testi-mony waa correct, I waa bailifl and deputy marshal then. Misa Owen was in my charge. EATE OONKLEV Was recalled lor further cross-examination. In my examination yesterday I epoke of a conversation at my brother's, prior to the marriage. mar-riage. Miles, my brother. Miss OweD and others were then present. My brother accompanied me to Cau-non'e. Cau-non'e. Was introduced immediately after going into tbe parlor. Mrs. Woodrufl, Emily Miles and others were present at tbe introduction. GKOI1GE REYNOLDS Was then sworn : Bslore any questions could ba asked Mr. Reynoldi, the defense objected to tiis giving any testimony because he bad been convicted of a felony. The prosecution said that bis case waa now belore the Supreme court of tbe United States, and it waa not yet determined whether he was guilty or not. The ccurt, however, held that Mr. Reynolds' case came under the provision of tbe etatuie and Ihe wit-DCoa wit-DCoa waa excused, JCS. F. SMITH Was the next witness. Live in this city. Am a Mormnn. Am an elder in the church, fcjave seen the defendant. de-fendant. Knew bim as early as October, 187S. Think I eaw bim in the Eudowment House. Am not positive that I waa in the Endowment Uruse on Thursday, the 2-Ub. Recol lect the arreat of Mr. Miles. Oau't eay whether I saw him in the Endowment House a few days prior to the arrest. It is possible I may have performed tioruo muriates. Saw John T. CiiDe jun., there that day. Think probably I saw Miles there that day. Am not positive. I vtry frequently perform ceremonies there. Think I performed more than one ceremony that day. Cau't say what time in the day. My recollection would be that it took place in the ntternoon, if at all. I know the sealing room. Q Where is that room? I object to answering. I can't aee the relevancy, rele-vancy, and aa to any explanations regardiug thai house, I fnel iu houor bound not to make them. My conscience con-science is opposed to it. Tbe court informed tho witness that unless the answer would lead to con vict bim of any crime, he would be compelled to answer. WitucsB If 1 answer I do so under protest. The sealing room is in the a nilh end of the bouse, up stairs, in toe south wt-st corner; sealing ceremonies cere-monies are there perlormed; the door comes out of tho room going cael. If I performed auy marriage ceremonies that day I was in that room. Think I was in il. Dou't tniuk I saw Milea there that day. Don't know Emily Spencer. Saw her at Taylor'B office once. Djn't think I saw her in the Endowment House. I swear that to my recollcctiou I did not perform a marriage ceremony between .Mile and Emily Spencer. Some people have to lake their endowments iu tbe Eudowment Eudow-ment House before they can b married. Will not awcar that I did not marry Milea and Spencer while Carrie Owen win getting her endowments. endow-ments. 1 hink Ocueral Wells also performed per-formed ceremonies that day. Dou't know what portion ot the day I was there. Tuitiit I waa in tho sealing r. om a part of the day. Think likely I kpt a rptzister ot some of theme marriapp. Kept them ou slips ol" papr. Burnt d some of them up. Think I banded them to tho partita beiug marritd who hanurd thorn to IhO person . fiioi;Uinc. Don't recoiled taking K uily Spen.-er'a name. Will not pwear that I did cot. Think I took Mills' namo that day. Not more than once, that I am aware of. Remember taking Owen's name. Can't tell how tunny were married that day. Have no estimate. Have no knowledge by which I ecu Id make an estimate. There usually is quite a large number of marriages on that day. Q. Is there any book kept in which there is a record ol the mar-nayoa mar-nayoa ttiat take place? A. I don't know. Sl-A VOL' NO Was then sworn: Lire at Prove. Mel Miles once, at the houfe ol Mrs. Dora Young. Can't tell when. Il was not the night after the marriage iu the Eudowmeot House. Don't know of the marriate in the Endowment Home, except through reading the Herald. I recollect I tie examination of Mi es was in October. I was then in Provo. Am positive I was not in Salt Lake on the dy of the a ieed marriace. Was col in the Endowment Endow-ment House that day, I am poeitiTe. Have met Emily Spncer in St. Ilieorge, often. Have cot met her 'since the alleged marriace. Neither phw her nor Milee at Provo afier. Heard that Miles stopped at Provo on his way south but did not see bim. GENERAL D. H. W ELI g Was sworn: Live in this city. Am a Mormon, Am a counselor to the ' president. Perioral marrlsge cere- monies f.Ttr.e church. Kuow M'.lea. Kliw cv.e Em:iy Spencer, but den'; lii'.Lik it is tne one yu refer to. Djn't ! recollect being ia tbe Err'.owmem He use on the 2-1'. u cf October lan ; Recollect Miles' examination. P.-t-CJme I was at the Endowment House on tbe Thursday prior to that cx animation. Dou't know any tuch person as Emily Spencer. Theiady, I know is an old one. Dn't recoiled seeicg Mi!es or Spencer there1 i that day. Suppose I performed cere-1 monies of about forty-five mirriagea on that day. Can't tell wbetner anyj of them were plural marriages. Might have been. Tue cermooy lor plural marriages ia not diflerent from the other marriages. Tne place in which he joining of men and women takes place ia called the sealing seal-ing room. The room where tbe marriages are performed fs in the aoutnwest corner, up staTs.' They usually are performed in tuat room. Can marry paopla in that room before they have received their endowments if desired. It is the custom cus-tom that people receive their endowments endow-ments before they can be married for time aod eternity. O,. Is it tbe custom for them to wear endowment robes at the time they ere married there? A. I don't see the relevancy of that question. Objected to by tbe defense, also, aa immaterial. Overruled. Excepted to. Witness It is a custom. Q. Do the ladies also wear a piece of equare cloth banging down over their heads? A. They have a headdress; head-dress; a kind of a cap. Can't tell how it ii made. I call it a cap or headdress. It is different from those worn by gentlemen. Tne difference ia that one is a lady's and one a gentleman's. gentle-man's. One is made flowing, tbe other not. Q. What is the description? A. I dou't propose to give the description of clothes worn by the candidatea in the Eodowment House. I have nay reasoua for retusal. The length ie a matter ol taste upon the person making mak-ing tbe robes. Q. Djes not the candidate wear a iiieea apron? A. I shall decline to Also objected to by th9 defease ea I irrelevant. Overuled. Tbe court instructed the witness on what ground ho could refuse to answer, an-swer, and toid him that uutil this waa a ground he must reply. A. I Btill decline to answer. I fcel myself under obligations not to diddese what kind of dress ia worn there. By the Defense Tbe dress ia pre cisely the same worn by all. The dreeB doe not indicate tnat they go there for marriage. They would wear it anyhow. Again objected to aa irreleviut, and overruled. General Wei's, a'.ill declining, was remanded to the custody of luc tnar-sbul. tnar-sbul. The defense desired to cross-ex amine the witness, hut declined to do so while tbe order of committal was iu force. Tbe court tlureupou rescinded tbe order uutii the examination exami-nation should be concluded, and the prostc 4ion asked a further question, as follows: Q Do partiea wear linen slippers, who go there for marriage? A- That is a part of tbe answer I decline to give, aa it involves a description of the dress worn by those going through the Eudowment Huuse. Cross-examination Don't remember remem-ber seeing Milea and Spencer that day that I know of. Re direct Will not eay that I did not marry Milea and Spencer, or that I did. I marry so many that I could not state positively. The prosecution at ill insisting upon the nnswer, the court directed the clerk to enter an order compelling the witness to appear before the court to show cause why be should not be punished for contempt in refusing to answer the question. Iu the mean lime, be was remanded to the custodv of the marshal. The witness left in compauy with the marshal. The time for ttie bearing of the order waa set for 10 o'clock on Saturday Satur-day morning. Judge Emerson slated that he could have committed the witness at once for contempt, but ot desiring to be hasty be had given him time to make a showing, il he had any, why he should uot be punished pun-ished for declining to answer. The judge informed the marshal that he did oot desire that Gen. Wells should be kept in custody, and only wished that be be present at tho appointed ap-pointed hour for hearing. The mar shal could make any arraugemeut he chose about having Mr. Wells in attendance at-tendance at the time set. MISS CARRIE OWEN Was called The defense objected to her being Bworu as Bhe is the defend ani'ti wile as it now stands, the prior marriage being unproven. Judge Til lord said that before bo would proceed with the argument he would inform tbe .adies present that the subject ot the discussion wou.dl necessarily involve tho reading of, authorities ol au indelicate character, and that they conid have an opportunity oppor-tunity to retire, il they chose, beiore he commenced b:s armament. Iu tho commencement ol the argument, argu-ment, Judge Tiiford said it is an established fact that the second wife cannot be admitted as a witness wit-ness against her husband until tho marriage wish the first wife is proven, aud authorities were cited to show the riidness with which this rule is enforced, and the clearness wub which it is defined. Tbia proposition propo-sition beiug conceded, it necessitates a reference to wuat doe constitute a first marriage, and authorities were a;;o rtad lu show what was det-mwd accessary to prove a marriage. Throe thing vrern nectssiryto prove bigamyHie big-amyHie first marriage, Ihe second maniago and Ihe existence of ttie first wile at the tinio of the eecocri marriage. N u nitrous quotations were made from d'.fltrn.t authorities showing that a cor fe;s:ou of nirriag-' or co'iabiUlion, or even a universal J reput.viou as bring man and wile, j does not constitute proof of a tiret marriage in bigamy cases, ar,d that a confession on the part ol the dtlend anlof the alleged marriage could nut be made to constitute a lirtt uiarriaee, and tberelore couii not he admitted as evidence against the defendant in a caseol bigamy. Judge Til ford then ctiled atteulion lo toe pas-age ol the Poland bill, and rrid Irom the Con-jrtsstcntil Con-jrtsstcntil Lc6rd, 1S74, showing that by Section 3 of this biil, as paostd by tbo house, it was provided that ad-missicn ad-missicn on the part of the defendant culd he admilttd as evidence, which, ol course, would include the testimony testi-mony lhat wouid be offered by Owen. The senate, however, in its wisdom, struck out this section, and the bill was afterwards repassed by the bouse with ibis sretiou out. Tue lime lor .a recess having arrival, ar-rival, proceed logs were fcuepeuded until 2 p. m. When ihe ccurt reconvened, Judge Tiiford returned hia argument on the question, the discussion of wb:ch commenced during ine morning. He said that there hd not been a shadow of fact to prove that a marriaee had taken p'ace between M:ies and Spencer. Spen-cer. Toe prosecution had introduced two cu-rcymsn Messrs. Smith and tiU bjta of wiirm swear mat tney i-ave r.o recudecLon of performing any sucb ceremony, and ibis is stror.R.y in lavor cf the deiense, when it comes from the testimony of witness f.ir tneir side. It Mo appears tnat tae parlies wL;0 attended te wedi;c J supper WLre invited by Miss Owen; j nor ie there a vestige of testimony to show that the clei'.-adant acknowledged iii:tt Emily was his first wife, aid that, admitting that said EonlySpea-cer EonlySpea-cer wae h;s w::o, it nowhere appears that lie confessed Emiiy waa bis firal wile. I piteume my fritnd, the district dis-trict attorney, will meet me in this arumcLt by rtftrence lo tbe interview inter-view that took place between President Presi-dent John Taylor and the parties interested, in-terested, and that he said the priority of position as wi!e should be given by seniority. But admiltinz, for Bake of argument, that the alleged marriage took place, there is no "evidence to show which of the ladie3 was first married. Putting it in another liht. Had this suit been brought by Emily Spencer for a divorce, and akiDg tbe prool given iu tbia case by tbe prosecution, and the defense were to make a motion for a non-suit, would not your honor be compelled by your cath of oiiice and your sense of duty to grant that motion? District Attorney VanZile replied to too argument of the deteuse, beginning be-ginning by eaying lhat he felt confident con-fident his brothers on the other aide had quoted all the autboritiee in lavor ol tbe position taken by them. I claim iu the outset that Carrie Owen is not only a fit witness but that the confessions of the defendant are suliicient in a bigamy case to be admitted ad-mitted as evideoce. Judge VanZde also stated that he could cite a great many authorities taking a very diflerent ground in Buch cases, and that he believed his brothers on tbe other side bad quoted tho law of every fctate where the ground taken by them prevailed. I Bay that tbe deliberate admission of tbe defendant of this marriage is proper evidence in tbia case. He referred at some length to tbe authorities advanced by the defense and endeavored to point out the incongruity between those cases cited and that now under trial, claiming that there was a vast difference between them, and that, according to the prevailing laws, the testimony of Miss Owen is admirable A ltr pnnlrrivt-rtinu tho nnlhnritift of the defense, h cited authorities in maintenance ot the ground that the testimony of Miss Owen and the admission ad-mission ot guilt on the part ol the de tendant were proper. Toe tenor of the authorities quoted went to show that the admissions ot the defendant should be admitted as sufficient proof ol tbe fact of marriage, and that there was no reason why a special code should prevail in cases of bigamy, and that it is often very difficult to prove the first marriage, adding that this is particularly the case in a country coun-try where these marriages are Eecret aud where those married in the Endowment En-dowment House swear before God and high heaven that they will never reveal it, and I know of no place where this rule should obtain more : tkan in the territory of Utah. To admit the rule advanced by the de tense, that marriages can only be proved by eye-witnesses, would simply sim-ply be to license polygamy here. Every man and woman that goes into that Endowment House Bwears solemnly not to reveal anything that is seen or done there. Your honor, we have bad an illustration of this to day, where witness declined to answer, and rnther than do so, subjected sub-jected himself lo. the punishment of tbia court for contempt. Why are the proceedings in that house kept secret unless it is that, ahould they be brought to trial, they can take advantage ad-vantage of this proposed rule that marriages can only be proved by eye witnesses ? Now the question is what baa been proven. Has not there been sufficient evidence introduced, which uncontradicted, wouid prove a a ease prima J'acuv. I can very well account for iho statement of Wells andSmith that they don't recollect the alleged marriage; they don't want to recollect, and if you could get down to their doctrines vou would fiod it so. We find by the eviek-nco that Miles and the women went to John Taylor and he told them that if they wenl into that relation they would have to do bo in accordance with the age of the ladies; and Mr. Taylor told us upon tho Bland lhat Owen went away disappointed. Miles was a Mormon aud be no more dared ! disobey tbia counsel than he dare lay bis head oa the block. If be was not obliged lo take thia ounsel why did he go to Taylor? Everything goes to show lhat bo followed lhat advice. We are told by K-ttie Coueley that a geueral couvera.it on waa had about tbe matter, and lhat still Carrie was dissatisfied. We find that Emily Spencer waa introduced by the de fendant tu Coneley an his wife. And further, that Carrie said shf did not know that Bhe bad a right to take the head of the table, but she wou:d do bo, and that Miles made no answer, which assumed that she was ot entitled to it. In regard to the question why are not the eye witnesses wit-nesses present? I will any that they cannot be found, even alter diligent search. A peculiar state ot atlairs, is it uoi? And a peculiar stale ol atlairs that tho witnesses upon the siacd can't recollect anything. I exoeot to prove by Carrie Owen that thedefend-aut, thedefend-aut, time and lime again, admitted lhat Emily was his first wile, and hence 1 desire to place her upou the bland. Judfje VanZile here coucluded bis argument, and Judge Uagan asked that a recess be taken till 7 30 to allow him lime- to look over hi authorities, and an adjournment was taken till (hen. At ihe evening tension Judge Ha-can Ha-can replied to the cntivina ot Ju.le VarZ:le ot the caes cited by Ju-igo Tnlord, claiming those decisions contained con-tained tiie law. He then commented U:on the authorities cited by toe prosecution, contending that in none ul them was tbe di ctrine laid down lhat confessions or admit?ions alone j were suliicient to establish the guilt oi tne ueieuaain in criminal lbl's. i The stroiicst ot them only wrnt to 'he extent that evidence of riiis character char-acter was competent aa corroborative of eye witnesses of lbs marriage or as identification of the partes, and might be sufficient when coupled with cohabitation. But in this case there is no evidence of cohabitation; nothing noth-ing but the nked conies-ions of the delecdant, and no case can be found where a conviction baa been based upon the same amount and cbarac-' cbarac-' trr cf evidence which has been intro dnrpd in tins case. The judge reserved bis decision. MEN'S FELT, STIFF and SUMMER SUM-MER HATS, Large Lines, XcwSfjlw, LO EST FlifCES, at m3 DUNFOP.D'S. Eletalo Bill u;es an titgiLt g:ty horse on the stage, and Bjtlermiik (ihe comedian) rides a dor.kpy. The two make quite a contrast when ihey appear together in the last act. rr.3 I Fire! tire! Ihe St-r-ck of Dry Gx'3, Gents' Furnishing Goods. damaged at the late irire in SH-VARIZ' store, will be sold at Great Sacrifice, to ci-se busi-I busi-I ness, Opposite Townseod House. R?- member all to eccure baraia till ; May ls(, at Shwaktz'. 1 6i3 |