| Show 80 say the jury in IN WHICH ADULTERY IS CHARGED how rumor secures a mans conviction on wednesday afternoon at 2 the case of tho united states vs levi S dunham charged with adultery cam a oh for trial before his honor judge L W judd assistant district attorney david evans prosecuted and S R Thur iDan aud W H king defended the prosecution said there was an otner indictment for adultery against the defendant and ono for unlawful cohabitation the court he seems to be indicted laughter A jury was and duly sworn and the indictment read to them by the clerk the indictment charges the defendant with having committed the crime of adultery with one margaret Christen Benon or about the ast 1st day of april 1888 christina anderson was the witness called ijiro in mount pleasant was acquainted with tho defendant have known him about seven years knew his wife lucy dunbar jive about three blocks from her house have seen margaret there they lived in a one room lug bouse dunhams wife and four children live there dont know if margaret lived there have seen her there about a year and a half ago she then had a youns child saw margaret and lucy and mr dunham eating at the same table there were two beds in the room did not know if Margar etwas defendants plural wife or no people said she was to I 1 all appearance both margaret and lacy were living together did not know where margaret is now last saw her two months ago she lived on tha farm margaret is about 21 years of age she was s schoolmate of mine it is about four or five years ao since I 1 first heard she was de fondants fond ants wife it was about a year later that she gave birth to her child never saw defendant in mount pleasant with margaret and lucy cross examined it is about three years ago I 1 saw margaret with her baby it was then about nine months old do not know whether it was hers do not know even that margaret was defendants wife I 1 once saw dunham at the house on the farm with both women it is about a year and a half ago eliza larsen was the next witness she said I 1 live at mount pleasant I 1 libed there in june of last year know where cedar creek is it is three miles from mount pleasant saw dunham there in june 1888 he had a one room log house there visited the house two or three times I 1 lived about eight blocks from there margaret lived there with a baby that I 1 should judge was hers lucy also lived there with her three children margaret lived there from the last of march till fall of 1888 when she moved away to where I 1 could not say there were two beds in the house saw both wives eating at the table with defendant have known margaret ever since she was a little girl have hoard people generally say that she was married to defendant never heard her or defendant admit tho fact T should judge the child was twenty eight months old when I 1 last baw it in june 1888 donot ihnow whether margaret slept at the farm nover saw her there late at night or earla in the morning though she was living there like lucy was cross examined dont know whether she was there at night or no never heard one single individual say margaret was the defendants wife or not to mr evans have heard people say they thought margaret was his plural wife never heard it stated as a fact john L larsen was next sworn for the prosecution he said the last witness is my wife we moved to cedar creek in january 1888 could not say whether defendant moved there before or after me have been to dunhams house several times defendant lived there with margaret and lucy the latter had four children I 1 have seen margaret carrying a child mr evans did you ever see it nurse fieri answer no sir you ever see it nurse anybody no sir have seen margaret there mornings and nights never heard it stated in the family that margaret was defendants plural wife have heard people generally say ehe was do not know where she now is have not seen her since we moved away fam the farm on the of anne 1888 cross examined it was merely the belief of some that dunham had married margaret it was simply a rumor was never in the house more than once or twice remember taking dinner there on certain occasion dunham was not present at the time could not say whether margaret stopped there at nights never heard or lis wife or any of his family speak of margaret as defendants wife to the court I 1 lived a aw tier ot a milo froin defendants mads anderson lived three quarters of a mile from the defendants house mr thurman here moved to strike out all evidence relating to general repute the motion was overruled Except od to made anderaon was the next witness he described the house in which defendant lived on the farm it was there was an upstairs there were two beds in the room OB bedsteads saw no bedding on the floor had taken meala there dun ham and bis wife lucy ale at the table with her three children also margaret christensen she bad a boy about two years of age ita name was deardis he ardis other name defendant presided at the table did he pay any attention to hert no sir did he to her sometimes ahai did he call her 0 margaret did he speak to his rifet sometimes did margaret assistant assi stany in gelling the nosir she merely assisted in consuming yes sir witness said that he concluded the boy was margarets as it called her mother I 1 lived in the neighborhood about six weeks sha appeared t be biving in the the time the general repete was that margaret was his wife it was not a generally accepted fact dunham lived there but he went off with me shearing sheep cross examined probably three or four persons were the most I 1 ever beard allude to margaret being defendants fend ants wife the court Is defendant a member of ormon church yes sir all SF mount was next called he said tarn a deputy marshal never had anything to do with the 1 arrest of dunham mr evans im mistaken in this witness anu ba yes I 1 thick K clowson testified that by was a deputy marshal went four or five times to cedar creek to effect dun hanos arrest saw the couo there but not defendant his family were there there were three beds on the floor I 1 did not examine them there was a lumber shanty on the front of the house the first I 1 made to arrest him was in june 1888 went next in july the same year he had then moved away went to moroni this year on three different occasions left there the evening before his arrest conversed bis arrest be told me that Bennet thad attempt ed to arrest him while he was going along in a wagon he said he thought an officer should tap a prisoner on the shoulder when he effected an arrest he said that this was the reason he did not stop when bennett struck him over the head with his revolver he also told me that had he had a pistol at the time he would have killed him cross examined defendant told me that be was not being arrested in a proper manner and that that was the reason he resisted bennett I 1 never saw defendant previous to his arrest although he has said that he saw me many times to the court he was arrested in july this present year christian bloom said I 1 never lived on cedar creek knew defendant a little he lived as neighbor to me in moroni two months ago deputy clawson was called and sworn to act as interpreter on account of mr evans being unable to understand the witness interpreted the witness said first became acquainted with banham in moroni two winters ago did not know margaret christensen his wife lived there never saw out walking with any other woman but his wife deputy clawson was recalled by the prosecution and he stated that when dunham conversed with him after arrest he admitted having married his last wife in 1884 he also said not defiantly but in sympathy for hia family that they were bis wives and he auld not go back on bis family to mr Thun nan dunbar ad bitted that had he known thare was nothing more than unlawful cohabitation against him that he would not have evaded arrest but ho had understood der stood that there was a more serious charge the prosecution announced that they were through and the defense stated that they did not care to offer any evidence no arguments were made and the court delivered its charge to the jury at the conclusion of which they retired to consider their verdict after being out an hour the jury filed into court and announced that ahey had agreed upon a verdict of guilty as charged in the indictment |
