| Show pleads guilty TO OF in the second degree the benjamin bennett forni batum case beina heard TUESDAY court resumed session at 10 a m pursuant to adjournment william cummings was arraigned on a charge of an assault with a deadly weapon and entered a plea of guilty cummings was the pal of burglar bill and is the man who drew a revolver on the conductor of the rio grande western railroad train because the conductor would not allow him to ride he ass sentenced to six months imprisonment samuel carson was arraigned on a charge of unlawful cohabitation and took until 3 to plead john S breele was arraigned on a charge of fornication and entered a plea of not guilty samuel A wilcox entered a pica of guilty to the charge of unlawful cohabitation he was 72 years of aae and expected to obey the law in the future he was fined and the costs of prosecution orlando F herron entered a pica of not guilty to the charge of adultery joseph bartholomew entered a plea of not guilty to the charge of unlawful cohabitation niely H jensen entered a plea of cuilty to the charge of unlawful tation the indictment was in 1887 but during the past five years be nad observed the law and expected to continue to do so in the future he was fined buo and costa of prosecution levi S dunham appeared on the charge of resisting an officer and entered a plea of not guilty dunham is charged with resisting william P ben nett a U S officer by threatening to shoot him while bennett was arresting him on a charge of adultery mr dudley was assigned to defend ducham carol anderson appeared and withdrew his plea of not cuilty to tb charge of battery and entered one of guilty he was sentenced to au imprisonment in the county jail for thirty days and to pay a fine at 50 samuel mulberry who was indicted on the charge of murder in the first degree appeared and entered a plea of guilty to murder in the second degree the prosecution consenting that the indictment should be changed from murder in the first decree to murder in the second degree he took the statutory time in which to receive sentence mr jones of station was sworn and told the story of the murder in substance as it was published in the at the time of the occurrence mulberry had been drinking all day and was in front of the saloon at thistle station firing into the street he was reproved for firing into the street by a number of men among whom was mr fulmer fulmer told him that if he desired to shoot he should go out into the country tina angered mulberry and he stepped 10 the side of the and exclaimed exclaim ad now G d you im out in the country he then fired at fulmer who instantly dropped A young man named simmons came out of the saloon and raised Fui merb head mulberry told him to gel awa as he desired to shoot fulmer again he wanted to show him a trick or two te immons told him that fulmer was already dead david simmons made a similar statement he considered mulberry neither drunk nor sober his hands and legs were steady but the drink had perhaps affected his head previous to the shooting mulberry bore the reputation of being a quiet man bia brain was evidently fired to the performance of the fearful deed by the liquor he biad drank there hand been rib quarrel between the two men previous to the shooting the case of the united states vs benjamin bennett fornication was called and a jury em paneled mr varian prosecuted the case and king hotuiz appeared for the defense maggie patterson williams was tha first witness between july and december was at scofield became at a bauce had intercourse with him tn ane 27 th day of december 1890 continued to keep company with him until may last tois child referring to the child in her arms is the result of that benjamin bennett is the father of my child I 1 as married about enree ebka ago to williams the child was born oct ast 1st to mr king I 1 know a tom williams not my husband but anever had any intercourse with him never stated that tom williams was the father of my child also had relations July 1889 margaret know mrs williams have known her three years game from collaud coi laud with her know the defendant by sight have seen the two together saw them together on tt e and 2nd of last may it was about 12 at night they stood at the door talking quite a long time I 1 saw the two together a long timo before may and 2nd dont know when it was they were standing at the aate in front 01 my house on the night of may and 2nd the only conversation I 1 heard wag that maggie asked him why be como down in april and fulfill his promise and make things right I 1 near what answer he make maggie williams was called I 1 remember havivi a conversation with mr bennett on the night of april and 2nd I 1 why not come down to sal lake and make things right as he had promised to do lie aard the reason he add not come was because work was dull H e had promised aae belore that he would make alright if happened suppose tie meant mamae lepuil mul ain testified to having aaen and sir williams walking lie biad arrested bennett and ut atiat had said he bated 0 go to jail lie said he would marry lie kiil bat hb would not live with her thomas patterson brother of the girl testified to hearing the conversation b constable maaine and the de eu dant haf had seen the couple together beveral times A was taken until |
