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Show 'lHK MILES TRIAL. A Jury at Last ! Tlie Prosecution Iatrodic'.iig Testi-! Testi-! mouy. Quite a number of ps.-sons again assemble! in tbe court room o Tuunday morning. A number of these summoned since Wednesday nigut being present, tbe examination ol jurora wa3 resumed. W. P. Hirt win the first Am a citizen and live io Odsn. Uava heard whit purport-d tj be the fact-i in the case, and have formed and expressed an unqualified opinion. Challenged. By the Prosecution Read it in the newspapers. From what I know I feel prepared to now render a verdiot of guilty or not gu;lt7. Challenge not denied. J. S. Lewia was then sworn Live in Ogden. Have heard of thii cue and have expressed an unqualified opinion. Challenged. By the Prosecution Rad it in the papers. Q. Are1 you now prepared to give a verdiot of guilty or not guilty? A. I would find a verdict of guilty. Challenge not deoitd. Excused. Frederick Lockley Have heard ol this caae. Heard wh.tt purparcd to ba the facti in it. If what my friend, thediatric'-attorney, defines ae an unqualified op'nion is correct, I have not formed au unqualified opinion. opin-ion. Am not aware that I have such an opinion as would require evidence to remove. I may be biased, but am ot aware of it. I would desire to render a fair verdict. Am editor of the Tribune. Don't know that I wrote all tbe editorials oo tbia -fubject that were published. Think I have expressed an opinion in ibis case. Expect I have expressed an opinion about tbe matter. Don't Know that I now euterUin au unqualified un-qualified opinion. I bave privately expressed ac opinion, but not through tbe paper. Challenged and juror excused. John VanCott was called Live in this county. Have heard of this case brougb tbe papers, bus have not lormud or expressed an opinion iu hia case. Could give tbe defendant a :air trial. By the Prosecution Q. Are you in polygamy? A. Whit ha3 that to do -vith this case? The court informed the juror of his privilege about answering, when he -.aid he was in polygamy. Cualleoged; not. deaisd, an! ex cused. Jacob Gibson was next sworn Live in thia county. Have heard of '.his case through the papers. Refd what purported to be Ibe facts. Have lot formed or expressed an unquali-! tied opinion about the case. By tbe Prosecution Q Are you in polygamy ? A. It ia my belief. Q. Are you iu polygamy? A Ves; I am in polygamy. Challenged lor actual bia3. Not do lied. Eicused. John F. Hardie waa then exam ined Am a citizen. Have heard ol .bis case. Have read of it in the .mpera- Have not formed or expressed ex-pressed an unqualified opinion in the case. No bias or prejudice. Passed by both sides. The next peremptory ohallenge resting with the defense, they chose uot to exercise their right and staled hat they were willing to swear ibe jury, which waa accordingly done. The indictment was then read to the jury. The opening statement of the line of evidence to ba followed by the pro-nocutioo pro-nocutioo waa made by Ast-iatant District Dis-trict Attorney Bsatty. Mr. Beatty drst read the statute of the United Stat 83 governing such cisbs as that now about to be tried. U devolves 'ipon ua to Bhow that when tbe defendant, de-fendant, Miles, married Miaa Owen, ae was married to another woman. Che difficulty we expect to encouutsr ia to Bhow the first marriage; the sec-jnd sec-jnd can be established and will ba a j matter of much less difficulty. We expect to partial ly show this guilt by the statement of the defendant himself. We will firs I ehow tbe prior arrangements for the marriage mar-riage ol the three women and the irder in which they were to be marked; mar-ked; also something of what occurred in the Endowment House, aud that be defendant acknowledged both of he ladies, publieiy, as bis wives. The tatement was very brief. Recess. Tbe jury as it now slauds, is afi follows, fol-lows, every mm on it being repre-enied repre-enied on the list as an odd number. A. J. Johnson, Altram Hopper, VVni. M. ChapmaD, James ScriiiiKeour, lobn V. Crism .ii, Joseph C'avto:i, -Jkiucs DeCourcoy, How.-trd rfobreo, Vlcxander Mitjorj, C. M. Gilb"rson, I. F, Wilcox, J. F. Bardie. At the hour appointed for the com mencement of the ufternoou session, ho court room was quite crowded vith persons. The jury was called ud a brief dehiy followed wh'le the drst witness for tho prosecution put n an appearance. FREdlDENT JOHN TAYLOR Took tho siand Live in this city. tCnow the defendant. People gen rily call me pretidentof the church. t-Uvo pretty general supervision of :tic nflrtirs. but there are a great many tseociatod with me. Can't pay how long I've kuowu the defendant. 1 rcmcnibiT having been on the stunJ lunng the ex uiiinalion of this cahc m-torc Commissioner Spraguo. Can't ny ubfuU tlie time Miles ia alleged id Inive entered into polygamy. I'rior to this alleged polygamic relation L saw Milre. Can't By bow long hp fore; perhaps two or three weeks. Don't know that ho entered into the relation. Sw him iu my office. Think Ernslus Suow and Joseph F. Smith at.d perhaps Mr. Woodruff were present at the time. Think Rny-noltis Rny-noltis waa aUo present. Tnero were iadiea present with Miles. One of Lbem Wit Ciroiine Owen ; Ihfl others don't kuow. Think Emily and lul a Spencer were also present, but i-au't tell positively. It is my imprec-ion imprec-ion tht inejo wero the persons. I said beloie that I hid some doubts About answering questions that I deemed of a privileged character, but my objections were overruled. I still have those objections, and would dislike to disclose such matters as took place between the defendant and myself my-self of a professional character. Q You relume to answer? A. I shall unless told to answer, on the ground that I do not think it wouid be right for me to make public any thing that took p'ace during a prc-t'essioual prc-t'essioual conversation. The defense here desired to ask the witness some questions, as they might wish to make an objection to tuis ap.wering. j This was objected lo; objection over-' over-' ruled. By the Detente Q. What yovu position iu thecburch? A. President, I think lhy call me. Hoid H in a religious pointed view. Amamioister. 1 Was at the time of tbe interview with Mile;. T'.iii inter v -:w had with cie in a profe'6'ona! way. Tnis coci-ti-jtr.L-auon wds Rt-.de to me cocd-deutiiiliy cocd-deutiiiliy aj an offi-zil of the church. ai.J in acooidanr? wild tae ru:e.a ol tht church, Tne di-feLoe . --ctd to the wi-nejs ai!-werii.g. ( ri',bjection wa"er' ruled and an e:ceD'.:on taken ) lie-direct What was tt.e object of the vis'.t and what ws ea:u? A. The object was to inquire into eome points by Miles in regard to Fome mtri monial engagements. (Htre toe defence de-fence asked that tbe witnesies in tue case be removed from the courlrcem. Tne prosecution desired tint n ex ception be made with regard t.t Miss Owen as they wished to ennaai: wiui her from time to time. Tub defenie objected to this, as she was the uiiin wituesp, and eaid that the rule is directed particularly, with regard to this witness. The court allowed ihe Exception, and the courtroom wt.s cleared of ail other witnesses.) Tue witness resumed. Toe object waa to ascertain which of tha three women to be married to the defendant de-fendant Bhould tuie ibe precede uce. I loid them thai tueae things ;ene.-rally ;ene.-rally wsnt by ana, and the oidtst girl should bo ibe first wife, the next the ML-cond, etc. I it'ld ibeai ihut aa il Bteoied to be very much complicated they were all released so ftr as I w.tn concerned, and that if they entered into any new contract, they din so un lueir own responsibility. Don't know that Miles said anything. 1 gave my dtcision. There was u long story ubout the matter, but I was ot told it ut that time. Taink the defendant cilled on me a few days prior. Mits Owen aUo caiied ahout tbe matter. Am not sure that Mies Owen called after Miles and referred re-ferred to his visit. 1 can't remember. I would stite in this connection ihat hundreds of people- come to se me on these matters, and it is difficult to remember re-member all that ia said. Presume I am chief counselor in the church Am olten counseled by others. I bad a talk with Miss Owen on the prior occasion. Talked with her when eho w, s present with Miles and the other b.dnd." I told lbem we had order in :Ui our church relations, tbe oldest goio:; first, and if these parties desired to cater into matrimonial relations that would be the order. I think that Mies Owen felt bad about it. I think one ol the othtr girla was tho oldest, Micia Oven next. I can't teli the name ot the oldest. As president of the church I do not bave care of the recorder 1 presume there is a record kept of the marriages in tbe Endowment Endow-ment House. I don't know. I suppose sup-pose so. Don't know what il is culled. Don't know wiio keepa it. Don't know whether it ia kept in my office. It ueed not necessarily be Kept in my office. May bave seen it, but am not positive. Think perhaps I have. Miles was a member of thd church. Don't know whether he ia cow. Held no office that I know of. Think he went to England oo a mission. Cross examination Am acquainted with the rules and doctrines of tne church relating to marriage. There are marriagea of young people, marriages o( men with more : thau one woman, marriages for time, for time and eternity, and some only for eternity. Undei marriages fur eternity the woman it called the wile of the man. The distinction between marriages foi life and for eternity ia thai one is until death separatet them, tbe other reaches into i eternity. In addition to these' marriagea, we have marriages for tbe j dead, as well as for the living. In the marriage for eternity tbe woman would be called the man's wife. In the interview leftrred to before, the ladies left in a dissatisfied slate of feeling. I think I simply told tbem tbat tbey were released and if Ibey entered i&to any furthor relations they did eo on their own responsibility. responsi-bility. Re-direct I told them that if tbey oiarried itvould have to be in the order 1 stated. X understood tne defendant de-fendant desired to take tiio women for lime and eternity. ! MISS KATE CONE LEY I Waa then sworn Live iu ProviJence. j R. I Kuow Miss Owea and Jehu Miles. Waa iu the city a few weeks ! before the 24ih of October laet. Stopped at my brother's. Mot tbem both at my brother's house. Met Miles there first. The defend int waa not with her then. saw them together to-gether before the 24tb; it was a week and one day prior to the day on which their mairi.-.ge took place. They were at my brother's bouse. Heard of the contemplated marriage. Misa Carrie waa leeling badly, and said ebe had heeu to eee John laylor, who told ber she could not be Mdss' first wife. Emily Soencer was to be the first wile; Cirtie tho sesjud. It was aaid that by tbe rules of the church they wore to bej married according ac-cording to a;c, Ejiily heing lue oldest, Caroline si'Cuud and Julia Spencer thinl. Toe crosa-exminaiion of this wit ucss wjs postpouf-d uutil tho direct exam inalion is cotuliidi-d, which ttill take pUce later. ANGUS M. CAN SOS Was tho next wit;:t..-;s Live iu this city. D.ju'i kuo of any oilier Angus M. C u!idu, Know tne defend nni. Have nirt Emily Spencer. Have met Caroline Oven M ty. oraonip such person. One nwbi in October I gave a nipper Miks and Owen were diiyiug al my house. Etr.ily Spencer was not staying there. I did not give it. I charged Miles ami he paid mo liT it. He said he inteuiled lo eel married. Did nut It'll me ho cxpe.ctmi to take mure llim ou! wi:e. He stayed with me a:ier that. Never told me he took more than one wift. Can't tcil the d:ty of t tie m;.uth on which he gave lue supper. Can't teii that it was the evening of the day on which hei was f aid to have take-u wives. He waa arrested the next il ay. 1 gave testimony before the com mis sioner at Miles' exaiuinnior. Heard a portion ol thf; testimony. Heard it was alleged that he had la ton pinrr.l wives. C-in'l nm-.-mber what d.ty it wag. Believe I've said that I ihu't remera! er tbe day. He was arrested the day alter the supper was given. Don't remember that tho nipper was giveu on the veuin of tho day od which be w.n alleged lo havo been married. Can't remember. Miles gave my wife money to get supper. Mild said he wjnteJ it tor bmi and bis tr:end9. as be expTdel to marry that lady (Owen), and the supper was giveu. N'o cross-examination. MKS. M. J. FOREMAN Was next sworn Have seen the defendant. de-fendant. Have seen Emily Si ncer. Koow Miss Owen Blightly. W.is at Angus Cannon's uUee one evening at a reception party, A weddini party. Was not a guest. Went tbere to he p got the Slipper. Saw the de!er.dant and Miss 0en there. Heard eome talk between them. (The question as to what was tbe conversation was objected to as irrelevant, Oijectin overruled. Excepted to.) Witness proceeded Miss Orcn eecmed to not led well. M::c wanted ber to play cn the r.i.-.v.o. bhe reftiftd to pi ay (or ''i.:? ::e, Emi.y Spenctr, ior be had ci-kvl htr ?icn." Q D:d she My, "If she is your w'.fe, then what am i? ' A. Yes. (Ol-,' t J to as being ieadirg and moved bv the defense to be stricken cut, Oreiruled. Exception taken-) Witcc- 5 Did not bear Miles an-riLjr an-riLjr ber. . Cross-ez imina'.i.in Emiiy Spencer was in tne pi:L-r. Trjia was in tbe dining room, wbere I was. Sue came out of the pirli'.-, refu?ic to pUy. Did not bear Esniiy Spencer aidres-ei sat evening as Miss Spencer. Did : not hr--ir anyone else speak tj hf'r or ,oi her thai cren.Sf:, I beiitve. Heard Mits Owen call her Emily Spencer. Soe said 'V ur wife, Emily Spencer." I Sne cpoke of her no fartner. J Q How do yon kcow to whea 1 Mies 0en referred. A. I saw her. jSbe wa- there. Tci impression was that ehe was bis wile, and tbat wja the impression all througn the party, : 1 suppose. I guess I did not hear ! anyone Ua call her Emily Spencer, j Out Owen. MlfS ZLI2A FOREMAN Was then called: Recollect being at A. M. Cannon's bouse on the 24th of last October. Know Miles. Saw Miss I Spencer tbat night. Koow Miss lOwen. They were all present. Believe ja wedding reception waa geing on. j Don't recoilect whether MileB1 mother was present. Heard a conversation between Miles and Owen. Don't know exactly what it waa. Heard I Miss Owen refuse to play the piano i for Miles and hia wife Emily Spencer. Can't recollect the words ahe ueed. Sne aaid: "I will not work tor her. i You call her your wife, what am I ?" 'Don't think Miiea made any answer. This waa in tbo dining room. Mr. I Cannon's family and my mother, and Miles and Owen were present. Cross-examination Understood it I to be a wedding parly. Got the understanding from Mrs. Cannon and i the family. It was given for Miles j and Mhs Owen. Did not hear j what Miles said in reply to Mies Owen. Don't think be made any answer. Tbe doors between j the parlor and dining room were about half way open. I remained in thedin-.ing thedin-.ing r.-om all evening. It was about 9 o'clock. Am certain it was about this time. Went home soon after. Don't know bow many persona were there iu the parlor. Did not go in. The curiaina were down in the dining din-ing room. Don't know bow they were iu the parlor. Re direct Don't recollect Miles making any statement in reply to Miss Oweu's words. m. viau i he say xou are my wife, too?" (Objected io. Over-j Over-j ruled.) i A. He might have said it, but I ! did not hear him. I To Jury Owen seemed angry when ahe relused to play the paino. Re cross-examination Was present pres-ent when Miaa Owen refused. The piano was in the parlor. I waa not in the parlor when Owen refused to play. She came out into tbe dining room when she said she would net I Py. I LEO DYKE, j'The boy witneia, took theeUnd Live liu this city. Iu October I was livinj ' j in the Fourteenth ward. Remember ! being at Cannon's house when there waa a wedding party there. Was on ! the porch with Caouon's bnys. Have ?een Owen and Miles. Don't know 1 Emily Spenoer. John Cannon aud Louie Cannon were with me. Saw Miss Owen go to a lady and say: " 1 ; said I would and I will," and slapped her. Before fjbe slapped thia lady, Miles said: "No you won't, she is my wile." Alter ehe bad Blapped ber Miles said, . "I'm ashamed ot you," and shesaid 'i "II you don't shut up I'll slap you, 'tool" Did not hear Miles say any- thing to tbe lady slapped by Miss Owen, who sat ou the piano stool. He said to her: "Sit whero you are; you are my wife." Owen was crying. Saw Misb Owen alter. Sho came over to my motber'a, next morning. Don't know who the lady was sitting on the Btool. It was not Mies Oweu. Cr03B-oxamination Perhaps it was 7 or 7. 30 o'clock. Only recognized MileB, Owen and one of Mr. Cannon's daughterB in tbe room. Saw a number num-ber of othera in the room; don't kuow how many. Tbe window I looked through was on tbe south side. The I window was down, the blinds open i and tbe curtains up. Tho organ waa on the northeast corner of the room. I I was at the window nearest the door jon tbe east aide. Only heard bim I call Spencer hia wilo once. He epoke to the lady on the stool. He said to I Oweu: "No, you wout; Bhe's my I wife;" then turned to the lady and I said, "Sit where you are." That's t all he said. It was a little after dark. The boys were looking through the window with me. We laughtd aod talked about it. The curtains were on the iueide. No blind, but shutters. It was about a rod from me to the piano. The lady was sitting on ibe strol, with her face to mo. Owen walked up from tbo middle of the room and went up right in front of the lady on the Btool. Miles was standing against the north wull, about the middle. Ahout bait way across tho room Irom Owen. KATE CONELHY x Was recalled I testified to having had a conversation with Miles and Owen. It was at my brother's. I was invited by Miss Carry to a wedding. Received tho invitation on Friday and it was tor the following Thureday. I attended. Met Miles first, who introduced intro-duced me to Mrs. Emily Miles, Mrs. Wopdrutl and Miss Young. Had been introduced to Miaa Emily Spencer before be-fore as Milei' future wife, ami was introduced in-troduced to ber then as Miles' wile. Miss Owen waa not there tneu. She came iu about Clteen minutes later When sne came in MiU'h walked to ber acd wanted ber to be seateo, but the lelt. C ming back shortly, she cmmai.ded Emily togotrfl the stool. Miles told Etuiiy not to. Owen said il Emilv d:d not net od she would fIjp her, and she did. Miles said be was ashamed of hfir.and eaid be wo'ild nut putui w f-, K ni!y, out the lirst r.ight they were married; he would be a scamp to do so. Mr. Cinnnn came in find said tit would not n how sueb conduct con-duct in bid hcu--; it Carrie bt-haved herself elui cue 1.1 tt.iy, 1 1 not biie wi'iiid have to leave, and the left. It was a very sudden afiair D.in'l remember re-member what Miies said Cartir was cryiug. Don't knuw where she went, eaw her ahout hail an hour liter, she come in to goloeupper. Sne went 'in with Mile?. She said tbe was net tne first wife and did not know that it was her place to lake the head ol the table, but ehe wouid iloto and did. At the supp r table Cannon said tl.py would havo to choose n.truet tnere to distinguish the ladies, three Mrs. Mile? being present. Miles' mother wa-afterwards wa-afterwards caded Sister Mill a. Cannon said they ought to be thankful fur men a cupper, lor he had been marrii J four times and never knew where t;ie nipper was coming from. Cn; pUyed and thpn tbf-y wtr.'-d Ui Idance. Curie Mid u c U'-i j piny if Emiiy d;ir.cd. k:t trie iroom, ar:d cornrr -a bck atrra-k'd i a couple of J;i e I liat cmie it: j if tney had been in trod. ft d t t;.i-11. fu;iax-s on lh otuer fide of f t n m, ' meaning !he Spencer Ctrl. p'i".y j broke up ab.-nt 1 1 o' fock Perhaps thirty were prtsi-nt Mi'c went away I with E:i:y t'pti'ftr Tncy wa.ked !fi.n.e distance vnli mo ao.l my t.roiber aud Mrs. Wojdrufl. Cross-examination. He introduced I me to Emily aboot 7.30 o'e ock. It 'trkp.ace io Mr. Cannon's house. 1 Toe occurrence took place at the p;a:.o about hail" an hour i : t-r- Carr.e .went into the front hall w'ntn ar:e went out the first time. Miss Spencer did not get up. Miles Baid nothing I to Spencer but woat ke aaid lo tne woole party. Tj is was about S SO or j Uter. Miies introduced Emi:y Sptncer J to all the o.ujp-iiiy es bis wi. To Mi?a Wii.iams and others. He introduced in-troduced her in public as his wife. Introduced Miss Carrie as his wife to ooe young man, and ehe resented it. I left abjut 10 30 or 11 o'clock. Supper Sup-per took place about 8.30 or 9 o'clock. Tne piano stool occurrence took place about half an hour belore supper. 1. L H01XA" Was the next witness called, but not being in attendance, and it then bein eomethiog afler 4 o'clock, it was decided de-cided to take an adjournment till 9 SO o'clock this morning, when the introduction intro-duction of testimony for tbe proecu-I proecu-I tion wiil eontinne. |
