Show PILING indictments JOSEPH GUILTY OF jacob acquitted on alic U C hare on the OP JOSEPH charged with unlawful cohabitation was begun peters and aileo prosecuted and thurman sutherland defended miss mamie dark was the first witness tahe testified that she was the daughter of defendant by the first wife recollected her father calling on tho family to bid them goodbye wh e going to the penitentiary mrs sa rak clark testified that she was the wife of defendant married him 39 years ago if ho had had a wife before I 1 should not have married him know frances and han nah dark cant rein ember when he was in my house during 1887 he has not been there to stay for several years to mr thurman defendant called at my house between the time he was tried and th e time he went to the pen he came and asked me whether I 1 wanted a bill or not called in several times it is a fact that I 1 have said he had aban doged me tor about three years his visits have been growing less frequent since his first conviction to mr it was just afton his trial that he came and asked me if it was true I 1 wanted a bill I 1 told him no I 1 wanted no bill it was as often as 0 a month that he called frances carter I 1 was married to defendant 20 years ago tomorrow to morrow my youngest child is two and a halt years old don t know where defends ant lived ho was at my house several times I 1 hired him to pub a roof on say house I 1 hired him by the job and paid him what he earned I 1 believe he liv esnow at albert carters he has a room there during the summer of 1887 he was at my house to see his sick child I 1 did not oe cupy the same bed with him aud 1 tho grand jury thai he had done so he has nofa stepped his foot on my premises since his re turo from the penitentiary I 1 aim to obey the law as I 1 believe he is doing defendant has hauled my hay my children cooked his meals his wash ing was done at my house he ate ther I 1 cant say that he had a home between the time bo was convicted and the time he went to the pen hannah T clark am referred to as the second wife of defendant married him july G 1852 he was not at my house during tho time mentioned in the indictment ho has not been in my house for many years he made his hamo with frances during the summer of 1887 up to theotime the time he went to he pen to mr thurman he never told me he lived there saw him go in and have dined there saw him going in several times also into bouse during his trial say he went into the house he atis on tho premises I 1 have something else to do than to watch the other two houses mrs sarah clark was recalled and stated to mr thurman when bt called at her house during the jimr between february and Se pember 1887 it was on business he levei made a visit my daughter daugh tei berecca lives close by it is gener ally reported in the family that mr alark has separated from me it has been so understood in the family for the last two years to mr peters I 1 never left him he abandoned me never agreed to any separation ho and frances tool dinner at my houge the day after his return from the pen to mr thurman I 1 duoss he came by invitation miss mamie clark the general repute for three years has been that father had separated from mother the trial was postponed until next morning at 9 A BATCH OF wednesday morning the following arraignments were disposed of olof 0 larsen adultery took till thursday to plead henry saunders unlawful cohabitation thursday morning to plead john walton unlawful cohabits coh abita bionto plead thursday morning john Walf con adultery to plead on saturday morning emma watts fornication plea of sot guilty oate philander brown indicted for un lawful cohabitation appeared to change his plea from not guilty to guilty sentence sot for saturday at 2 THE TRIAL RESUMED the dark trial was then resumed mrs hannah clark was recalled by the sho was risked to state how frequently and when she saw defendant go to tho house of the first wife she answered thit she saw him go there only once it was when he went there to ask if dihe wanted a divorce it is understood that defendant had deserted the first wife it was the general report the defense rested mr hiles asked that all such testimony from the defense that went to show that defendants visits to the bouse of the firsa wife wore in any other capacity than that of husband be stricken out his honor stated that his mind was made up no matter whether defendant visited the first wife or not he had no legal right to visit as a husband any other women such the court thought was the intent and purport of tho law still bo would hear from the defense before giving his final ruling y mr hiles made a brief mr thurman followed the court interrupted the counsel and gave hi views oa the point raised by mr that as long at defendant did not cohabit with tb birst wi e the proof that he cohabited cohabit ei with another wife should not convict inasmuch as the law provided that a man should not cohabit with more than one woman the court holding that this theory did not accord with his conclusions the court said under the theory of the defense a man having two or three wives might after being acquitted by such a theory of the law turn round abandon that woman and go to living with another wife and secure acquittal jon the bame ground that he secured the first acquittal court held that the purpose of the law was to prevent not only the marrying of more than one wife but the practice of polygamous relations the court agreed however inasmuch as counsel for the defense had perhaps not had sufficient time to prepare the argument they would like to do that they waive further argument let the case go to the jury md if thu verdict should be guilty they would be given an opportunity to offer a motion fora now trial ana deliver their arguments thereupon the jury received instructions and retired CHANGING PLEAS eeza walton appeared to the charge of fornication a plea oti guilty was entered sentence was suspended lUS B B watts appeared to change his plea of not guilty to guilty of adultery sentence was set for 2 emma watts plural wife of B H watts plead guilty to the charge afi fornication the court asked the prosecution what they intended to do in the case of this defendant for the court would not send a woman who is not responsible for this state of things to the penitentiary mr peters said they had made ar gement ran by which it would be recommended that sentence bo suspended JOSEPH FOUND GUILTY the jury in the clark case returned with a verdict of guilty the court excused mr clark until he first monday in november and counsel on both sides that vhey should agree when arguments in relation to a new trial would be made THE JACOB the case of theal S against jacob ihen cameon for trial peters and hiles conducted the prosecution and thurman sutherland and judge dus cyberry conducted the defense after the jury was em paneled the arst wife was called and testified as to her marriage but declined to further testify mrs mary oates the alleged second wife was sworn she testified that she and the third wife lived in separate houses saw do in and 1887 ho was cutting lucerne and fixing the benco on my lot he may have been there diio times in a year he was in my house in 1885 and 1886 he brought provisions and wood to mr sutherland defendant has nut lived with me for four or five years we had an agreement to obey the law he never came there to eat or to take me anywhere my youngest child is i years old T mr peters my lot is owned by defendant I 1 go occasionally to visit hiis tiis family not oftener than once in three months he has lived with his first wife since 1883 LOUISA walser I 1 live about a block from marys house defendant is my brother dont know that mary gates is a wife of his never aw him at her house nor at lomi cas house william mcbeth was called but declined in taking the oath to handle the bible he testified that defendant was living at the house of his first wife ne him at marys the second wife pauline oates am marys sister live on same block I 1 believe she is married to jacob defendant lives at his first cifes have aaen him at marys once a month not in the house but working about the house and lot have seen defendant talking with mary on the first cifes lot right by the lot of the second wife see jacob go on the second cifes lot win mcbeth was recalled he said that defendant has a farm three quarters of a mile from payson have seen mary oates going there md returning in company with de enfant they wore there digging potatoes it was in the fall of 1886 is tho repute in the neighborhood ahat jacob cohabits with these 0 itoman as his wives to mr thurman always understood this neter heard that they had separated mary aatos wa recalled oho said jacob and his father work on the farm witness was there in and 1887 picking potatoes jacob was digging them father took me in a wagon to the farm jacob ent in another wagon both sides rested mr thurman said he was willing to submit the case under instructions from the court the court then belh ered the chartre to the jury he cautioned the jury to take notice of the fact that it was the duty of the defendant to support the second wife ho has the right to go to her bouse for the purpose of carrying provisions or clothing to her be has not any right to go there for the purpose of associating with her the caso cas o of the united states vs james butler was called up mr thurman slated that this was nol one of his cases and wished the court would assign counsel for defendant the court said he would assign the attorney himself mr thurman to defend the defendant the jury in ahe case came into court and rendered a verdict oi not guilty the court stated that the verdict met with the hearty approval of the court bufa ho advised mr scharrel rei D be cautious in the future as to his conduct it was his duty however j provide for his second wife but this he should not go court then adjourned until one THE GEO TAYLOR CASE CONTINUED the case of the united states geo taylor was continued antil next term JACOB naturalized at the commencement of the afternoon session jacob hoffer was examined as to his qualifications for citizenship the clerk was instructed to issue certificate PLEAS OF GUILTY mr thurman arose and stated that there would be no trial in the case of the U S against jas antler for unlawful cohabitation the defendant changed his plea to guilty and sen tenee was set for 2 tho case of the IJ S vs mons nielson was called up the defendant was arraigned and plead guilty sentence was set for 2 mrs adele kimball was arraign on the charge of fornication and plead nob guilty A BATCH OF SENTENCES the court then proceeded to sentence the following parsons emma watts who had plead guilty to fornication appeared sentence was suspended during her good behavior james butler stated to the court that he had married his first wife for rime only and his second wife for time and eternity he knew it was unlawful for him to live but with the one all of them had lived together in the same house now would it be right for him to abandon either of these women the court asked defendant a num her of questions which were answered promptly and frankly defendant promised to live with his first wife hereafter court then said that if he would agree to this proposition ho might go lome and appear here again on the second monday of next term mr hiles here stated the court seemed to be misinformed regarding the mans condition the wives he has are mother and daughter this seemed to astonish the judge who sentenced him finally to five months without fine or cost hans appeared for sentence court how many wives have you defendant four court you are pretty well married jn answer to the court defendant said he had two wives who had borne him no children court mr bilsen eilsen ei lsen you canet have more wives than one inthis country you are sentenced to fine B HW atts indicted fox adultery appeared for sentence he answered the court that chevas american bom and came ic 1850 mr geo sutherland stated in behalf of defendant he had for a ear past been living within the law he was not prepared to make any promise as to the future but the government would have no further trouble with him mr watts then made a statement to the same effect and gave his rea son for the belief and practice he had pursued in the past tho court admitted that defendant had been frank and manly in his statement defendant was given twelve months imprisonment mr watts asked the court if in the event of his wife requiring subsistence would she bo at liberty t ome to irs ir s dwelling and make her wants known the court answered that she could do so it was his duty to provide for her but there must be no association TEN S the grand jury came into court at this stage mr evans reported that in the cases of the V S vs christian vs jesse gardner the bills had been ignored the grand jury reported finding 10 indictments under the U S laws A DOUBLE randolph stewart appeared for arraignment ment on the charge of adultery with his wife marietta pierce ho took until thursday to plead arraigned on a second him with adultery with his plural wife sarah ann blazzard in both cases defendant was given until thursday to plead court adjourned until 9 thursday morning |