Show r A 1 TOE CANNOT a TESTIFY Jndge lines Hei 4 Ruling In lual tery Caws TiE TUIAL Or4 E D CROnTHER Tbo Defense He Sets tpTb Jury Dont Believe Him The trial of Edwin D Crowtbcr on an indictment for adultery was commenced In the ThlrJ District Court yesterday afternoon rho Cour t amoD e Jury a Impaneled and sworn and It was agreed by counsel that Mrs rydla Crowthcr was the dtferjdanta legal wife The caw n conducted by Mr Vrtn for the prosecution and Hamilton road who bad been ippolnted by the court for the de feme cur t IrsJEren 0 Heflcran Crowtlier was the first wilne She t Ute T liecame the plural wife of the de fendant twenty years ag and havo EVucJldrn by him My young est child is fourteen mont old The defendant i Its father Ho visited me at my reIdem In this city frequently In ISIS and stayed overnight When the child was I born he tohl tue not t sayTinythlng alsout his beingiUfather t prevent lib getting into trouble We were supposed t b separated but he visited mefrequently He received arardon from the President Mme tlmo gO but he continued t visit me after getting it oldest afgting My oMCt child ElL h eighteen To M Hamilton was not pleased with the action of the de fendant In obtaining his pardon obtDlng hi ln Jly child was born February 15 1539 Mr Crowthergenerally camo t my house like a thief In ce night I know Chancy Kane He visited my house during the month of March 1SS3 and twice he called with Mr Crowtbcr I tink clc lea her II April following t atI tend some races We had a little hearing once before Bihop Wolley Vole of tlie Kinth Ward I have seen a man named Lancaster He nmc Lmlr called at my house for Mr Kane At the HIhops hearing the defendant at tempted to show that he was not the fathered the child Ella Cross thor testified The lat witness Is soy mother and the do fendant Is my father My father received a pardon In July 1SS6 He had been away from home a few months when I flirt hen of It I The defeudnnt was at our house frequently the year before the birth bir oftheTounget child One I night when I 1 returned from the theatre bi found him lu my mothers room He dele our house frequently rm In March 18SS f fruent Mr Hamilton Are jour feelings toward your father friendly The witnessWell I dont know that him I should feel friendly towards himMr him1r Hamilton that because of his hi getting a pardon pron The witness It Is bccnn he has not treated us richt since tin baby was born f Kane the party re fem t by my mote was a horseman horse-man One dsy when I was rain ing very hard ke tie1 hi Iooos uuderthe trees in front of our house Sly youngersi luvirrd him I t come In That Is the Way we be cam anUiint d with him 1 Ellen U HefTeran was recalled and testified that after the birth of the child the dcfendantcolled st art house twice IheprosecutlBii rested here and Edwin D rotsUier was called by the defense He testified I am the defendant In this < I have te n side In this city since March 1SS9 Prior to that time I reside at Coal Cal stile I lived In polygamy with rl smy wlh Ellen Hefleran up to March 1S52 I wast llcr houc on March 10 16SS I nave never admitted theniternitv of the child t anyone 1tmI1J Mr artanVhen did you hence jour plural wife1 yu Tho Vltness1nMareh Ib2 Mr Varian And you nuke an afndavit that you had abandoned your polygamous procUre when you applied for a pardon 11 he WitneesYcs Mr Varlan How old is your boy Tommy old The Wltnss Seven or eight J ears oldMr Mr Variin If this child was wa born on March 241SS3 you did not ccaso t live with your plural wlfd afterthlefasageofthe 3Certhc passage act of ISSi JS ac 11 you The WltnctXot If tht Is so MrVarlan But you took an oath that jou hnd done so aU The Witness Yes Mr Varlan Thats all tl Lydia Crowther a then called hut Mr V rl9n 1 > i 0 cl fUfving He look tiieground that under the Jau of 1tt United States she was not a competent witness t testify in favor of her 1 bni At this point the court adjourned Ionllbe cour Thi morning Mr Varian argued further In support of his ale that thu legal I wife could not testify1 In behalf of her husband He stated busbmf le thai in the CMC of the1 United States VI Vm E Uassett the Territorial U3t te Tertral Supreme Court had overlooked a United States statute when It ruled that a wife couU testify against her husband tJ aglmt Mr Coad took an opposite view Hoalro argued that the competency of witnesses was regulated by Terri torial statute The Supreme Court bad decided this lobe the fact in the cascjjf the United States v s T R Cutler though Judge Zano hvd dissented dis-sented from that pinion Judge Zane decided that te Tcrl tonal rule evldcncedld uot apply thus disagreeing with the action of the TerrJtorJalbupnme Court In the BwettjCutlerandothercaws He held that the legal wile could not b permitted to testify even by the o consent uler of Ihe defendant in a case Edwin Crowthcr l I eI am a ton of the defendant In 1SSS I resided re-sided at Coalville with r aldc Cvie wih my parents in the latter rrt of April of that year father was In Coalvllle and remained there for six weeks or m r he a there during the entire en-tire mont of May To Mr Varian He worked with me every day except Sunday dur lug that time Inl tme Afi Wilson ttt eI am the defendants son Inlaw resided la Coalville in 1SSS my child was buried April 4 Mr Crowthr was not there ten but came t Coalville a few days later and remuned a couple of months remune To Mr Varian I saw him there every day during the time I have mentioned bo came about the mid dle of April he might have gone gn away for D lay or tn o without my knowing JL Edward Crlttenden testified reside at Hoytsville Summit Coun ty lived in Leadville in 1SSS saw Uwdcfendant there in March or April saw him when he was work ing as hison has stated wor InJ3 h sut o M varian Are you stl a member of tho Mormon Church WItcsel donthiow that I have t answe ho CrYou may answer WitnessYes aner Mr Varijllnr offlcVarijllnr you hold ofl o any Vitnesso sir Mr trittenden continuing his Utimony ahdL could not bt hi b tve abut tbe dt l but I saw lm frequently iihout the time stated Ume He could not have att cud been out of town very long He might have been aSso two orthrt bn tw days orth Mi Fourth Sarah Cde teUteI live wan Four am acquainted with the defendants daughter by his former plural wire and also her mother I have met Mr Kane the Mrs Hefferancjrowther Kn6 the children called him Papa this was two years as Pap f evef Iothers with me I went to the theatre with Miss Crowther t I ficrralheron theSth ofMarchlSSS Miss Crowther went home with me thafnlgbfand remained till IO 01 I am next dar ToMr Varian It Is lour months since I visited Mbu mnt Inc II Ml Crowlhen we went t the theatre ngnlawith the defendant In ISIS later than the date have mentioned I never saw MrKane there but once I thought it trange t call him Pop > Idle not understand that he woo living thcns the defendant Is myuacle2 t tho my wscIe hn told me he would not go to the pen r pnrCrwtbe < tt tat his r hi father the defendant fater te wmrln Coal vle Irons about April 9is5 and Temaincdahero some time he dido did-o I l tour he Was theh thrrcssweksuia1 dtn > t thinV i he couU bars visited Salt Lake five different times Jn May without me ho frequently had busIness In the city lnbl I do not know cf his com KlnMivj cm Mrs EUia Corlcss testified IJive In the our War am the de i fendants sister know Miss fendcta Deter knw Mi Hefler aUr who was his plural wife I saw ather house purl o and three yearsago Mr Kane he eafno lr nei was rather familiar he called her Ma the I children called him Po To Sir Varlaa1 neversaw Mr I I I KanethiTo but once I know IW she I was my brothers wife and the te children were hu I never hen anything wnjng about herb we were members of the Mmo Church i I kncwthatEtich thlnRas nrsj b Inferred bj toy trorda was not coun ienncul hilt the Church Itold my brothers first Iu long tlmcaftcr wards I tin the occurrcacb I refer t was In October occrc Thomas Core testified I taw Mr Kane as my wife has related I and 1 seamed very familiar with c defendants plural wife he was called P wn TB r Varian They call Sir Crowlhcr Pa I thought the ac ton of Mr Kane were rather sociable so-ciable I cant tell much of what wag told Miss Nellie Crowther sOS recalled by Mr arian and testifiedMr Kane first came to the house in February 1SS8 he was a casual I visitor and called to see TUB Ht never addressed mother Mahe would speak t the children and L refer to her as Mamma when do I 5so Mrs HefTeran Crowthcr the former plural wife was recalled I never sav Mr Kane before Febru ary 1SSS Mr Crowther pnd tie came together on c orkslon soy children Jil Ver called him Pajo I 6a > on my con clenc that I never had any Intimacy with Mr Kane or any other man He never addressed mess 1 he may have referred t me a Ma when speak ingto the children rl il This Closed the evldcncd Mr Varian said this cS > 6 presented present-ed ncwncd peculiar features he had had Mormon considerable cases and cxiiericuco he never saw In where one repudiated 1 child This is the first instance where man has denied the paternity of his plural wifes child I Is the first pur the history of these prosecutions where I man holding a membership member-ship in tho Church repudiated repudi-ated his plural wife and bet dilid If is I the first time where such a man has endeavored to strike down I the character of hb plural wifeand His the first Ume where a plural wife In these wire n thC prosecutions has ever been accused of unfaithfulness These people were married properly prop-erly as they believed and they llcd together for many years j J ow comes this man with this infamy I i Itsyba has been living a lie for lnfIIIS6 the fatt seven years In 1SSS ho obtained a pardon from the Pivi dent on rcnrt > atitl6hs nude under Bath that he had abandoned jolyganiy He swore that ho had rot sustaIned the relation of husband to hi plural wife subsequent Ss Marcti 22 lSi Yet la ITovcmbcr he addresses a letter l her that shows clearly he was maintaining his former relations rela-tions Hut when tile tOI lutwhenUle consequences of his net were likely t come upon him he carlo her c lde and attempts at-tempts t brand her as I harlot He admiU that the child born in Sad I hi notwithstanding his statement under oath thai upwards of a year I before he had abandoned his sets lon This plural wife and lcr daughter hnl ° sI ISO Imputation ImpLlon he a3 endeavoring to cut upon cUtcOrDj them He wanted to 1 upn Con the public a a law abiding citizen e secretly kept up the relation I lation and when he 1 discovered he tries to throw upon her l all the blamo and requires her t suffer I I ay tills 1 the mot Infamous and contemjtible defense that was ever presented In a CoUrtoi Justice I say It cilghl t b rebuked by the jury and when they are done b rebuked by the cur Tony woulJ bo a disgrace to this jury to bring iu any other verdict than bit Of guilty gllt Hamilton addressed tire jury on behalf of the defendant He said he haj been appointed by the court to conduct thu Cl for the defendant nod he md cndcavorcd toots hiS whole duty by him 1 admit ad-mit that It Is true that this is h I ti first UWO where when it came t 1 cur father has deserted hist polygamous children I say the reason for this Is the pardon granted by the President The sixth child wee not born more than a year after Mareh 22 1552 but within a year He called upon the mother At the upu times that have becn stated on listS tatlon of her and their daughter rise e che has Uiowu that the defendant de-fendant was not In ell Lake during laT 155 e that I I not jnsslule for him t have been guilty a alleged As to the letter referred to it shows his sat i for the plural wife and her children I bleu that every man who txi US In polygamy will In epitb of all laws agaln It haVe a cling of love for his lolygaicous wife aud children unless his wife is untrue t him I was natural for her t claim that her husband an the father of her child I ask you t weigh tho whole tettl mony In tills e ant trust that you will exculpate this man from the charge against l him Mr Varian replied In his dosing argument and sid that the sixth child was born more than a year after the law of 1SS2 I am astonished aston-ished that a man who had practiced Ih polyeaniy and who still has a standing in the Church would come Into court repudiate his children ptle and cast off Uuir mother The story about Mr Kalira bom on IU face the impress of falsehood for I such a ting were going on there would be the greatest effort to keep I secrelL Tony Unit tho one who wouUupcct afc Iro Si this defendant has done I unworthy t b called a man I say a man who would cherish such a thought of the woman who had stood by his side for twenty years upon surh a shadow of suspicion has something In his composition that U not in or dinary mortals I say It w the danger of the penitentiary that teT impelled im-pelled him to dolt This plural wife with the years of an honest life behind be-hind her comes here and says t this defendant How dare you disown this little txsbyI my that there are thousands of men here who rather than do f a et thing would suffer the penalty of the law before Intimating Inti-mating such a disgrace I ask this Jury t take a common once clew of rlt the c and have no doubt of the Judge Zane briefly charged the Jury stating that cnq ttng Ifthey were convinced con-vinced beyond a reasonable doubt thittha defendant had committed the ct they were to bring in a verdict of guilty I bit the verdic should be one of acquittal At 1 pus the jury retired and court took a recess c fn After being out thirty minutes thejury retumeda verdict of guilty and next sentence was set for Saturday Before Judge Anderson In the case of John W Goldthwaitc T John TJjynch ct al the demurrer J no was overruled anti an amended complaint allowed to b filed The case of Charles Silver a Spaniard charged with rape was on trial before Judge Zone aud f I jury this afternoon j < |