Show A hagim t 8 A R e did L not V mistreat birs to III NY saru marks DELOS LOMBARD OUT witnesses for the defense testify in marks vs sullivan Sulli vail WEDNESDAY AFTERNOON the first district court resumed session at 2 mrs mra marica marea was cross crosa examined in I 1 brizard to the conversation between constable sullivaa Sall ivaa ivan and herself and all the circumstances at the time of her nr rest she te testified stifled that sullivan had kicked her when they dra dragged ged her to justice juaice danas this had not leen brou broucht alit out in in the direct examination Mrs Thayer testified to seeing se aug a crowd of armed nien men gathered around mrs airs marka mark a house on dec she had bad recognized mr sullivan mr air du dou glass and mr unman they had guns afie aha heard a crash when the door was ft as broken down and aad saw the men go into the house sullivan and do douglass duglas uglas g came out ont a short time aft afterwards erwardi with mrs Mr marks between them drag nig her with her face down after she hd had been dragged some eoma distance di mi merther erther M took hold of her feet and they carried car riol her after that judge J S watts waits tes lifie i to being sent for by bv mrs marks en cn the of Decem december decembri bei issa Conita constable tile sullivan was there with wilh a gift witness va vas s asked to read lind aaa explain tue nie writ to arf marka mark a which he be did she sh wanted thle cioe to addiso v ith mr evans evan her attorney judge jud e watts tried to get I 1 mr sullivan to give gibe her time to tio io this but mr sullivan said that tha under his instruct instruction m from judda sutherland lie he could not give tima tim ile he advised mrs marki mark to give possession if mr sullivan we wald d not givener give her tim 3 to get word to lo air mr evans delos lombard testified to being in provo in commissioners court when a writ was issued judge gutber land was there he be came to bitnes i when he be was going home and told him to tell con atz ole sullivan Pul liyan to go right forward for yard anti anil serve the writ and if mra alia I 1 marks resisted to havo have her arr arreater arrea eted ted ua ila fol fat followed jude in truc eions way mrs tompkins Tomp kina that la he did iiii think the judgment wai goad she said she would follow fol low judge Sut herlands Suther landl is and have tha writ served ahn when they to tintic gintic he be read the writ it was handed to 10 him and he handed banded it il to mr sullivan fuere w WAS is something baid by sirs mrs tompkins Tomp kina king about her being determined to obtain possession but could not remember her saying paying anything about having mrs marks arrested MM told mr sullivan to follow tile instructions conveyed from judae sutherland mr lombard had tio to do with the execution of except to convey judge sutherlands herlands Sut instructions mrs lydia sly was living in mrs marke house at the lima trouble began b ez a n she corroborated mrs marka up to tile the time mrs mark re reused used to let Sui sullivan livan in unless lit he sent his men away then she aha became frightened and went down the cellar and remained there till she was brought out at the point oi 01 a gun in the hand hauda i of llan liaison aniie she nas ans in the tellar cellar she heard men in the house and mrs marks was aaning after sho she got out she saw mrs marks being beine dragged down the hill by su livau livan and dauglas Dju glas a pat of slippers slipper 3 domn t ti mrs ira marls marks in jubliee daca offie 0 mrs alaras had no shoes on ona the ground wai covered cov erad with snow mrs marks was in bed in pat shays shaya hotel carabu for far abu lt a week after win bein taken from tha e jame i AleJ awl c y 5 diw aw mrs marx marks be ing in deoney eon vey a cito tu quilico dinas offie ai a i described by the fhe other bitne s B a the writ of restitution was admitted in evidence evid enc and the pai baited A nolle pros pres was entered eat ent tred aa to D ados ela lombard motion of mr evans who stated there was waa no evidence to connect him bitu with ane trespass euln jirld didd moved for a nonsuit in the ca 0 se fe f e of D ri dana because there was no evidence to show shaw he had bad an bonu connection ebion with the case except in hi official capacity he also moved f hr r a nonsuit in the case of belle ij iu I j because there luiere waina wag no evidence evadel C 0 P ah hl ny anything gythina thina to d do wa with th tha e 1 1 had a and in the caf caer 14 tr trespass 11 sullivan c iii be causs he avalt r aritis n P marks a a F sd id by byJ tulice i 0 n ni an I 1 ther taio i 6 was as in i ano h e of his bi s eari ial duties motions were all overruled aled and exceptions taken D S dana testified to mr sullivan still i yan cociu to his office bile he be was just j alst ice of the peace in eureka and sni or out a complaint again against zt mrs al irks lur for resisting him bini gurtice dana then i is sued sueda a writ for forber her she was waa brought tobis to bis office buthe hut ha did not direl direct any one to carry her to jail ahe was taken to pat shays shaya hotel by hi bermis permission and afterwards ards waived e ex x admiration ami ration and gave bonds ile he did n t mock her and had no connection tio u with ith the cass case any further than it is suing the writ J if Sul sullivan liTan the con constable who arrister arr ar isted mrs marks ile he testified tesi test ifie I 1 to receiving t the e writ of restitution restituti on oil ane esth of decembers Dec Decem embea bes ima the lions he got from frommja mrs Mra tompkins Tomp kina and mr Lo lombard Lom nivard fard to go ahead and exe U ue e the writ ile he went to mrs marks houte boute and took possession of the property and left mr degorin in charge lie ile vent ant to get some same men to help belp the furniture f u rn iture when he returned mrs refused him and was arpad with two he then got a wai rant for her arrest and add pot got a posse ef af coir fo ar men and went to the house and as she would not let him in he broke arole the door downard went vi entin in ile ho denied having used an eirv force he did take her out of the ved ced bv the hair of tile the lead buttock but iok her over overto to judge dana office as care as lie could judi dana did not tell rny any ono one to take her to it jail but told M s marks to make les noise douglas Doug laa dd 1 d ut net pull a gun enn on mrs mra marks he dit dil not have ons in the flit houie houe dillivan Sll 8 livan had no gun eun in the me house except a pistol in hia mrs airs marla 5 not bleed bleeding il when 0 1 t p got at to jendze danals boffl e croaa mrs tomp 1 ki and judge Loni lombard bard hun to N have mra marks arrested if she sha resisted ta the execution of 1 the writ he bad received c da a telegram 1 from david Davi evans dEvans as asking king him to wait till the following day when he would receive a letter from the commissioner he be had bad alread already y started to serve the execution when ha be received imbt had not removed mrs marks he concluded he could not wait on th jhb re quest of mrs marks attorney court adjourned forenoon at 10 ay aw iy FORENOON court opened at 10 oc oci ack lack evidence was continued in the marks Sullivan vs et al case mrs gillis testified to seeing mrs marks carried out of the elie loose by con actable sullivan and mr douglass douglas g S she was carried carefully and no blood was to be seen on mrs marks nor on the trial over which she was taken S she he had heard beard a gentleman tell mrs marks to ta give constable sullivan peaceful pos cession of the house en cn the morning of the tha of december 1392 she had gone to the assistance of mrs marks in judge danas office henry adams was called and judge judd offered to prove by him that james robbins settled the property where mrs airs marks house was waa built in 1881 that at that time the land lands was waa public domain of the united states and remain so to this day mr robbins bobbins built a hotel on the ground and afterwards conveyed it to his wife mary rob bins in 1884 belle tompkins became the tenant of the owner of the property properly and ie lenna bained ined such tenant tit til t the spring c ti 1886 at that time lime obtained the title from the owner kind and held the same for the benefit of belle tompkins who remained in possession keeping it fenced in september Sepi Sep ember lember anna marks employed men to go goon on the property Dro perty and grade off a place feet fact esnare on the tha south west corner of the ground and began bean the er of a house thereon mr calmer ordered tho the workmen to desist and get off they replied that they were employed by anna marks s who would woul d stand between them and all danger after that he saw anna starks marks who dea declined lined to desist from erecting the house that jud judge a sutherland was thereupon employed aloyed u and sach legal proceedings ce were taken and a judgment was obtained by bv default fi against gain stArina anna marks A writ of restitution was carried to Co constable Estable sullivan with directions t ti take possession sinn of nathe the prem premises isea and deliver them to a belle tompkins that mrs marks resisted a and n d he appeared before justice dana and swore out a warrant warra nt for mrs marks arrest for the execute execution on ot of which this suit is brought counsel for plaintiff objected objection sustained except as to the execution of judge danas writ tint this closed the evidence evid enco for the de bense counsel cited authorities to the court on the question of responsibility of of fleets and arsted the case before the jury court ada ad till 2 |