Show i HALE ATT i strange case from SLEPT WITH A MAK both were drunk they are bound over other fornication gases there seems to be sin in the air yesterday afternoon the police officers brought over from payson a buxom ranch girl from thoele tooele county so eho aard dressed in malea attire abbe had for her companion a kounz man of hemphi both put up at s notel in pay bon and both were beastly drunk he had bis pants and shoes off and was lying on the bed when the officers arrested them and she in male attire lay down on toe bd with him the girl tightened ber put oa her overcoat and followed tho officers her companion did likewise neither would tell bis or her name and the officers put them in jail without a warrant an officer finally brought them to provo ana many doubted the appellation when abe gallant appearing cowboy cow boy without a beard was called a girl some of tha provo officers talked of an exam but the girl in male attire said it was unnecessary that she belonged to the feminine gender and her name waa Frankie amith both cowboys for he is alao a cowboy where then placed in jail and the officer from commissioner dudley and acore on alion and belief that john adje and mary doe had been guilty of fornication after beine under arrest for twenty four hours the two were then served with a regular eum mans this forenoon the two appeared in commissioner dudley B court with their attorney 8 A king the airl baill had on her mala costume ahe wore a dark gray suit rubber boots over coat and blua flannel cap her hair fab abort and she presented quite a rakish appearance sho sat throughout the preliminary examina tion plucking an imaginary ima ginery mustache her attorney gave her tha name of frankia smith and her companions name aa wilford smith the court room waa ordered cleared and the complaint read both pleaded not guilty mr gash prosecuted arb wing of payson identified the defendants as the couple who had come to the hotel at paydon last the younger boy as she believed was intoxicated C A wing proprietor of the hotel told of the couple having come to the hotel and taken a room to gettier room no S the conductor had told witness one was a girl and then mr wing had called in an officer they went on a porch at which was a window with the blind up witness had seen both to bed together A pair of pants was on a chair on cross examination he stated they came to the hotel on the forenoon of tuesday and appeared intoxicated it waa on abo afternoon of the same dav that he looked through tha window ho baw two pair ot legs at the foot of the bed and both parties were biag on their backs city marshal bal ard lad albo neen two parties in bed together he alien went to a door and headd a key turn in and the girl said please close the door while I 1 dresa ahe pulled on her loots he put on her cap and away they went to jail mr oakey remarked on tha way 1 I have deen looking for a place to egav for six months and I 1 guess ive got it bow oa cross examination he stated the eirl had on her shirt vest and pants and was bitting on the edge of alie bed when he went in the only dies abe did waa to put on her rubber boots the parties opened the door at the request of mr wing aikey bad Wait tillI drees and I 1 will open the door the officer confessed that he bad no warrant for their arrest when be toon them in chares he turned them over to the constable after the ar rest mr elliard denied baying to aikey when the arrest was made you are in it now he did not believe they were drunk when arrested though they had the appearance of having been drunk and a whisky bottle was in their poa session deputy marshal fower told of a conversation with frankie smith before locking her up he did ant want to put bar in a cell with men if she were a woman she declared she was a woman this concluded the evidence for the prosecution and attorney king moved a dismissal the motica to dismiss the case was arener on the ground that is was not any crimp waa committed nor that the parties were not married Th emotion was overruled after consultation wito defendants mr king concluded to ani defendants on ha stand mr oakey testified that he was a Nephi boy for the past six months he bad been in nevada returning a couple ot aweeka ago oa tuesday last be had been in salt lake and was on his way borne he first met the girl in the case on the train he was drunk at the time and could not tell baat where he met her both got on at davson they had no particular object in getting off there they took a room at the hotel together to sober up witness did not then know that bia companion ws a female he bad all be cluid cairy when he went to the room and be boon fell asleep when he went to bed the girl lok off her aid ai d also went to bed he took off her hoots me never committed any crime with the airl and in fact be never knew it was a girl companion with lim until they arrived at the jail in prove on croes mr gah yoa once had rouble of this kind before objected to and objection sustained you were accused of rape on an old woman objected to and objection sustained on further testified that he had over three days at alphi he did ant remember where he airet met the girl in leans clothing B ath had a bottle and that ia how we cabie to fall in together paid witness at parson he helped the airl into the hack bh B h were very drauk he simply said t anesa ail pet aff here herband and she said all get off lo 10 As I 1 understand yoo there waa no crime committed there was not I 1 am not that kind of a boy frankie smith raid she had been divine at mercur she first net oakey on the tram in the smoking car she was bound for frisco at he said 1 adesa ill get on and get a drink she said 1 I mind 1 ninin Kyon ho aney got off to set bome more whisky they went to the hotal together to sober up but ehe never told him she waa a girl she did not believe he knew it on she said she was working at mercur in the florence hotel she first creased as a loy about a week ago to go off and pet work her whisky she bought at mercur ahe bent in a little boy to abt the liquor she did not know where she bought her ticket she did not ret under the coyer with her companion at the payson hotel but lay on the bed her memory was very fickle when attorney gash commenced cross ex on the time of the running of the trains on redirect re direct testimony ehe paid she had relatives living near this completed the testimony and acain attorney king asked that the cabe be because it was not proven that a crims had been commit tad the court refused to dismiss the case bat held both to await the action of the grand jury in the sum ot aco each SPANISH CASE deputy marshal norrell went to spanish fark yesterday and arrested john emch charged with fornication with ann hodson about feb there is a child born without a father finch was arraigned before commissioner dudley yesterday afternoon waived examination and was placed under bonds to appear before the grand jury CABB N 0 johnson is being tried this afternoon before the same court charged with bigamy he baa letters from his former wife saying she had got a dix vorce the prosecution also claimed to have letters from a mrs Joree naon at goun cil bluffs iowa purporting to be a wife of johnson they did not know she waa a wife and the letters under objection of mr houtz the defendants defend anta attorney coald not be presented BO the case was dismissed dismie sed for lack of evidence |