Show HAR FRANK BROWN IS AWED com pla ining witness s remember much of it defendants RACY STORY the arao actions Keened Mrs 33 browns rowna testimony ruled out what sho she swore to before the grand jury the iho Daza tige case cans against tho the street hallway company goes over first and antl fourth district courts frank brown was tried b behind hind closed doors lo in judge merritt merritts 0 cc ourt court yesterday on tho the charge of 0 rape alleged to have been beca committed upon the person 0 of martha T reeve in this city c lt on december 20 1893 it was alleged in tho the indictment that brown ad in ints an intoxicating and anac an aesthetic substance to the girl and ther thereby eby rendered her incapable of resisting the assault the case reached the jury at and at they returned a verdict of acquittal when court convened sir mr gunnell for the iha defense called attention to an interview published by the herald yesterday morning and alleged to have been hold held with miss reeves reeve on the pre ceding day and obtained perm lalon lelon from the court to ask tho the jurors in the case II if they had road read the article inquiry developed the usual fact act however that they had not been the fake journal and the investigation was dropped THE VICTIMS STORY the taking or of testimony began by calling martha T reeves the girl upon whom the assault was alleged to have been made miss bliss reeves stated that ehlt the she was 16 years old in december last and was a resident of 0 ogden on december ath the she came to salt lake find and worked for drowns crowns family two weeks on the night of 0 december Decem lier atter after she ba had bad finished her work brown wanted her to take a drink of 0 wine she did so and they hey played a game came of cards when they hey the game browns wife left eft the room and closed the door lie ile then wanted her to drink again fik aln but she refused ile he said ill pour it down you if you dont take it II and she bhe con son ted when tile tho wine was waa poured out it t foamed 0 over v er the cup clip she drank it and brown amaul am assaulted aul I 1 ed her ills wife came in and threatened to strike him w irh a hatchet the witness move or speak at the time and her head was waa buzzing busting when browns wife came into the room he desisted resisted des isted she dian didn t know anything until the next day about 11 when she came cama to herself herec lt she was very sore from the Offee 13 of the treatment brown brow froin wife told her that ho ha had outraged hir her hi r and brown ecknor acknowledged lodged 1 11 she wanted to go home but brown let her so several v eral days later brown allowed her to eo leave and she returned t to a ogden upon her arrival there she lie told her mother and brother whit had occurred brown had bad the liquor in a beer bottle there were two brands of liquor wine p nd brandy all of thon them drank of it the brandy was in pint laik la ik in conclusion the witness identified two letters which mrs mra browns mother read to her in fit ogden CROSS EXAMINED on cross croas examination tho the wl witness aness testified that she had drowns browns pants on oil the day before tho the assault but dented denied that she had bad them on at the time ot of the occurrence she was dressed as eugual on the evening of december sho she was ivas sitting bitting on a chair when she took the second drink and remained rem allne d there immediately atter after taking the drink she discovered that sh she c could ei u id neither rno move e not nor speak she remembered i n trying to speak but did t rc she tried to say a Y she iad had struck tier her head bead against tie the door be sure fro the drinking beran began and her head bead was swollen when she elie awoke on the following morning after site she took the second cond drink brown walked over to where she phe was but she remember of his taking hold of nt her mrs drown brown told tier her the following day that she had its during the night she had never fainted before but she had been mighty bad scared ac she and drown brown find and his wife soine timpa scuttled scuffled and had done flo fie the day diric the trouble why did mrs drown brown I 1 leave cave tho the room asked mr gunnell tor for th the L defense 1 I guess it was jealousy replied tho the witness you gone into another room and put on a suit of browns clothes and marched back to have baio a good time no I 1 did not how did you know that brown assaulted you MM brown told me and I 1 knew it any way ila ho acknowledged it the next dir too toa I 1 she then dialed that drown brown wanted hr her to go to ogilee and marry her third cousin to quash the talk site she donini denied that tier her father had ever mado made any demand on brown tor for money to her know bins BROX BROW x wife of the defendant was the next witness called the deft defense nse objected to any questions being asked mrs ira brown and court adjourned until 2 at that hour tho the objection was argued pro and con and upon lipon being submitted to the court was sustained MRS SEDDON drowns browns mother in law was the next witness but staled that she could not read writing in vie view of this ihla binfor tun tuno ali was unable to identity identify the letters alleged to have been by brown to his big wire wife while the latter was at the home ane of the witness in ogden M D a druggist drug elst testified tc tind that it if a person wn wag given a small amount of sour wine which roamed foamed when poured into a glass glas and the person drinking tile the same imme thereafter limardo unconscious ho he would attrIb attribute uto the effect thus caused to an erces L ly amount 0 alcohol or morphine any any would cause the wine to effervesce ale would foam without alkali and alcohol or morphine would produce the tha un cona clous state slate it if taken laken with it the prosecution rested at this time reserving the elie right to call an additional witness to identify tho the letters written by brown to his ahlff wife af after ter the alleged raps rape upon the girl when the i atness was secured witnesses tor for the defense were then ihen called and testified aed as an follows FRANK BROWN tho the defendant testified te Uld that ho he had bad known martha barthl I 1 T it jeeves eyes since mines december mah bh she was in hi ills family two weeks her conduct luring during the time was very unladylike when she came down on tho the train from ogden ogdan with hint him and his big wife rho was wan continually punching him and she kept this up after she went to 10 lo his family lie he reproved her severely upon several occasions one morning be went into her room and she put ner her arms around him and pulled him down on the bed at other times she would como come into his room wore before he was out of bed and try to pull tho the covers off him ila ho positively denied that lie ho took any improper li bertles with her on the evening ln of decerb december r sho she had on a suit putt of his clothes at t uio the time ot of tho the alleged assault Bj sault she jo also had bed her lip hv blacked to resemble a mustache she donned this attire after taking the glrst drink after drinking toe the boond second time mrs brown went into nn ext adjo adjoining laing room and put her holly baly to lo bm she sha ro aft turned shortly and after a few minutes ablin lott left the room baying it was time to go to bed bcd 11 he had lost one of hla overshoe and the keirl garl helped look tor for it and anal y found it IL when he and the ai harl rl were playing cards the door between the atoo rooms m 5 was open and mrs brown was tai talking king to them roost most of 0 the time the girt had often drank before ile he did not give tier her any morphine or any other drug but she he had a lit fit sev several oral hours after tilting the last drink she never charged him with wilh having committed it a rape upon her and remail led in his h 18 family december r alth for or over it a week after subsequent to that date the girl was as familiar with film us as before ile he first heard of 0 the charge chares late in january the g earl rl got up on tho the morning of december tibt and prepared hla big breakfast as usual her was bad on cross lamination drown brown if that lot he first heard that the girls bins character ft c ter was not rood when hla his mother f inlaw in n law baited him early in january subsequently he visited ogden and several persons chete gave him similar In information fortion letters NN written rItten by brown to mi big wife ife under date of january laih and agui were admitted after argument and the letters were ivere id entill ed by brown in tho elio letter of 0 january 2501 2 brown asked his wife to deny everything te garding that firlit ail aa tress the complaining witness ess had told nil sirs mrs brown was told that if 1 she denied everything they could prove no nothing as no one would believe the girl OTHER TESTIMONY at this time mr fr gunnell tor for the defense produced an ail unsigned letter purporting to bs be from the girls father in which the wilter stated to brown trial that he be was on to his big rascality and demand ing in 16 as compensation for ills his daughters wounded feelings mrs that she came caine to browns house in this city on january but saw nothing wrong with v ith tho the girl jennette brown wife of the defendant testified as to tho the famil familiarity larItY beta befit eon con drown brown and the girl on cross examination mrs drown brown admitted m bitted that she testified before ter the he krand grand jury that when she found her husband liua band and the girl gir I 1 they were standing I 1 a g against the wall sho she grabbed a hammer and a knife but her husli husband and took them idem anav from her J it bidwell Rl dwell foreman of the grand jury that returned tho the indictment against brown trifled tee tined that mrs brown stated ahl ll 11 before that body that she caught her husband and miss reeves in the very act doth both sides rested at this time and judge MiL ginnis made the opening argument for tho the prosecution ile ho was followed by V C gunnell for the defense clefense and tho the case was C cloned by george L IA nye nyc the come cae reached the jury at and tit at they returned a verdict of not guilty SHORT ORDERS the people vs thomas hart thirty days allowed defendant to ille file bill ot of exceptions li W bacon is a john 11 mcchrystal et al live days allowed allowed to prepare and file motion and bond on appeal before 0 cudire bartib the case of J II 11 lloyd vs the salt like I ake city railway company in which the plaintiff demonda demands against the defendants for tor for the killing of 0 his ten year old son who was waa run ran over ever by a car on the line of road at the corner of fifth west and F first i mt south routh streets i on march maith 11 13 1891 we was resume resumed in judge court yesterday morning after tin the examination of 0 one with witness ca s the plaintiff asked leave to amend hla his complaint which was granted and the case continued until may 1 1614 OTHER BUSINESS board of education u william lister till all defendants allowed ten days additional time to answer engquist vs leave granted to 1114 supplemental complaint catherino catherine mover bleyer vs the salt lake I 1 ios angela railway allway li company defendant allowed until march bolh to answer angrier clayton murroll is 8 the salt lake los angeles railway company same came order george lufte vs H 13 allen alien et ct al summons withdrawn for further service ice C L sanford vs frank J 1 drake ke and isaac diane wolf judgment for or dra di wolf and thirty days stay allowed to prepare statement on motion for or a new trial actions action mod filed sarah A IC kennedy ennedy has berrun sult cult against joseph 11 II smith et al to collect 2500 anil and interest on tt A promissory note noie secured by a 11 mortgage george quinn lins has berun begun ault atilt against nat ll 11 t BL Er islam am to recover the ilo alon n of a stock mock ot of goods situated in ephraim and valued at the plain lilt lift also prays for damages in the sum of 20 S it thompson Thomp non Is ailing IL P 0 coates et ct ill al in the third district court to collect 1 on a promissory note not secured Becu reil by a mortgage morte asre in probate court bourl judge blaar made the following orders in the probate court colin yes yesterday estate ot of Ell ellzabeth rabeth 11 gabbott Gab bolt deceased final account allowed and petition tor for distribution granted fatato F of abraham coon de deceased order mado made to sell bell real L id state tate calato of john S blythe deceased hearing petition to revoke probate of will set for march 2501 and pentti petition for set act for the samo same date on estate of john coulam deceased ced continued until march 3 d 1 estate of W W forter foter deceased continued march loth estate ot of joseph holm helm deceased sale of real estate confirmed estate of 0 june jane rope pope deceased march 3 ard set et to hear petition for letters of 0 administration fourth district court the long drawn out trial of na W J Step houP bigbee Big nee vs VB G it beinar of ct al which h himi b been eding at ogden tor for some d days ayr was as brought to a mud udden termination yesterday afternoon by the court instructing tho the jury to filing in a verdict t of no cause of nt action tho entire fore forenoon wits spent in arguin if the matter of tho the law to tho 0 court the other bu business 1 C came before judge miner during alie r day archie storey pleaded guilty to the charpe charge of burglary and calving time was sentenced to one year in tile this pen en ile he was taken to the pen last everi evening leir in the cara of it JJ 11 steele vs J W southwell the appeal was tile by c consent 0 at appellants cost the case care of hugh mack black vs the n R GW railway company was dismissed at p plaintiffs cost coal the case 0 felix et ct al vs P A if rr franklin anklin et ct al was waa continued tor for this calendar an amended order appointing receiver beiver was waa filed by the court in the case of the jari janla Is conklin mortgage trust company vs hie elie bear lake R W W 1 I company in the case of the commercial national flank bank vs v A C fisk tile the plaintiff asked leave to file amended pleading was granted pr anted in the ca cw of 0 william H hall vs the ogden city street railway company the demurrer was confessed the complaint in so BO far as aa it refers to personal property properly damages Is dismissed without prejudice and plaintiff Is allowed live five days to amend his oom pl ain hc the following cases are continued on the call 11 J garcy carey a N L morey et ct al F C miter TO W V 13 parkinson ia n M U tracey vs norwich U F ins ing co company S V frazer vs no ko 0 2 woodruff school district 3 T smyth vs need hotel company no ro new cates were filed |