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Show NOT UNDER RESTRAINT. The Misses Strlngam Prefer to Live With Mrs. Snow. NO CROLSDS T0K THE 1TKIT. Judge 7aue DccIInM lo Tske thirgr of onng Ladles in CUn. A dioUUme ago the tts puo-llshed puo-llshed a jfljer filed In Hie Third DMriet Court by Measrs.Armstrong and Whlltemore, as attorneys for Sir. Kate Kit'gemU. In the application ap-plication Mfs. Fitrgeraid alleged that two children of her parent", George and Jiary J. tringam,werc unlawfully detained by Mrs J-.lira-beth Snow, at SU Geonjej Itit they wire there t'iluVt their will, and wire about to be taken into Mexico and married into polygamy. Tin applicant slated that the dill Jrcn were underage, and gave their names as bylvis and aabra Stringam. bhe aeked that they be given Into the cutody of their larenls. The caott as ni fortius morning, before Judge Kane, and the two minor children rcftrrcd to arrived on ycstTday morning's Union Ta-ciBc Ta-ciBc tiin from the south. From tLe document filed, Uie impression conveyed wa that the children I j named were of t ery tender ageaud iuuabie to make a choice cf guard-jian guard-jian It wantheramath.oftur- I I nt, therefore, when two young , ladies, Who appeared to be mlly ' seven'een years of age, stepped from the car. I A moment liforethIs,Misabuow, I a cousin of the yomij ladies, lad I stepiied on to the car 'and greeted Uiem Tbca they caale outide to where Mrs. btringam and Mrs. Titzgirald were. A fi.iv worib I lasted, whciiEuddiiiH. Mrs. btriug am turned and 'truck Miss bnow, and liejjan using tery abulre language lan-guage to bir. A you uk man, I brothir of Mbs bnow, camefortrard j to protert her, whin Mrs. Fitx-I Fitx-I geraid flinily attached hlni, and he I retired The pohceaMU on duti ut the ta'ion was ntinlied to, and coollj nplied that if a complaint was tiled at the City Hall, lie would arrest Mr Fitzgerald. A tilej hone messago wn ent to the City Hall for a policeman who lietter understood under-stood his duty. In the time thatilapsed there was quiti a seine Mr" irliigam and Jlrs. Fitzgerald w ere endeavoring to induce the Misses btringam to go with tlum, but tint rifu-cd, and vainly endctt ored lo reach Miss buotv and her brother, with whom thiy de-Ired to go MirsSnuw rn made the victim of comiJerabli. rf a tongue lasuin, but "lie dilgucd to make no rep! t . hen the officer anived he ssked thiMLesfetriiigara where tllei de"ired to go, and upon btiu told Uiei wihed to accom;iany their ixusin, MIs"iiotr, they wire inabled to do so through the oftlcer's protection This moruitig the ca-e came up in court I.e C-rnd Young. li apearingforthclefLn-e the following fol-lowing answer of JIr-. "-now was read In the District Court of the Third JuJinal District, Utah Territory. In thematttrof babra O btringam btring-am and bjlvn C 'triug-rai, nn htAeaiorpu. Now comes Hie sai I Flizibeth bnow, and foratiswtr to tlit-jititicn of the said K-itii. fitzjenll and denies Tliat the said Sibra t "tringam audbilviiCi btringam are unlawfully unlaw-fully impn-oDctl or otliertvii de-taimdor de-taimdor confineil or restrained of thurliUrti by her, the -aid Him-bstli Him-bstli bnow, or bv nnt one in htr bt.-balf bt.-balf Tlie said 1 lizabitli bnow denies that she has rifused or does s'.ill re-fu re-fu to give said idilldrcn into cus-todyof cus-todyof theiraid panuts, and denies that it is to bir oiject ur evtrnas ben hir oect or purpose to many sail childnHor tithirof tUminto polycamt orfortheaccomplicbment uf uiatiud, to nmote tlum to the Republii of Mexico or ebewhin.; and dmies that ltetcr has been hir inti ntiou or now I- lit r intention to compel said iliiidnn to marry against tin wihe of said parents. Pliant admits that tin. mother of said children, Mary J. tringam, has been in bL Oeorge for tin. pur-pot pur-pot of taking tin iu.tod) and care or raid children, but afllant states that aid ilillunn, eaili of tiicm, have nfu-cd and vt'll do refuse to accompany their -aid motlier AClant fuither states tint slio never has refu.-ed to dell er up said cluldren and she now alleges that tiny art, sulject to the order of this court, and ui. at perfect liberty to depart with their Id molhinf tiny so elect. Affiant furtiitr sta(-s that !n. is in poor circumtanci financially andNuuab'i totnvilorto furnish means to pay for the transportation of said cluldren from St. Ueorgu to bait Ijike City, and slit so informed tni. mother of said childnn. Afliaut furthir states on information informa-tion and belief that the said Mary J. Stringim aud George btringam are unable or unwilling to pay tin fareorthiir said children lroin St. George to Salt I .ake t ity and tliej hate takui this method to compel affiant to go to the expense of tnrv porting said children from bt Georgi. to bait 1 .ake Cilj so as to get tliemat tlic hemeof tiieir said Jar cnts and under their influence at the expense of 'tffiant. Afliaut furtiitr states to the Court that she has had the care and cus-todi cus-todi of said tin! ircn forthcpat ten years that 'he lias cared for thini and educated thun atlurown ix iens and without charge to ilthtr pan.nl, thatsho took tiiem by the wish and solicitation of thiir said parents and is perfectly n llling to rear them to their myorlty, but If said ihildren dcire to leave afllant aud go with their vtid parents, th-y areatllliertj solo do, but affiant i not willing nor is she able to pay their pavize from bL Georgt. to bait Lake Citt. Afliant further laes that the sail Katie Fitzgt raid, as she calls hcrielf, is an unfit and unworthy perron to have the care of sai I cb.II dnn, and that "lie is inform-d and U-liivestliat their fatiier should not hate the care of tlin mil,. girls at this tender age of their lives, whirefore alliaut asks till" honorable Court to modify its order In reganl to liercomiugand bringing with her to said court said childnn named in said writ, and that she be not adjudged in contempt con-tempt for not complying with the order of said honorable court in that regard. .Et.iZABl.rji R Asiil Ssott. Mia S3 Ma Strlngam testified that she had lived for the past ten years with her aunt, EllzaUth bnoT, it bt. George' Ler larcnts. George and Mary J. Strlngam,livcd In Salt lake County; w hire, she did notknow; she visited them six years ago; her pirents aided .ler to gobacktoheraant; did not ir-hir motlier again until a few w etks ago, wlim she wanted witness and her sitertn come and live with her: this tlie refueil to di because they looked on their aunt as a motlier; they had been well treated, sent to school, and carod fo- in the best manner; theiraunt did not influence I them to stay with her; they had ' never beena'ked to enter Into poly. 1 amy; had never been "token to about marriage; the statement about I that, iu the application fur at rit, wts untrue; when they came to this I city, the mother and sbter of the girls tried to take them bv ibrce: -Mrs. Kate Fitzgenld hid struck! their cousin on that occasion, and knocked her down; witness was nearly sixteen. ' Cross-examination I have lived with my aunt and cousin; I have worked, but Hwas my own choice, I worked for my cousin three time, and did housework, but no wahln; was there three months 00 ona occasion; occa-sion; my sifter and I help In the housework at my aunts; there are eight in the family, including us; Mrs. Snow belongs to the "Mor bob" Church; We attend the meetings meet-ings sometimes; we do not hear the doctrine o! polygamy therein. Mr. Armstrong we thiuk this court will not allow these children to have a guardian that teaches an unlawful doclrlbe. Court The court will appoint no guardian for them they are over Wilnits, continuing I don't le-nlember le-nlember polygamy being discussed In Mrs. fanow's house. 1 have heard It talked of. Judge Zane We have all beard It talked ef. Mr. Whlttemorc UJs the strongest strong-est Mormon city iu the Territory, and the discussion of polygamy has an effect on them. I think it is time there was a change in their as sociations. Tlic decision of the court should mnVe Uitlni change. Judge Zane t will not compel them to go with an bod j. The court will simply liberate them to go where they dvire. Mr. Whlttemore If that is the decMon, there is no use to go on any further with this cae. Wl expect ed the court to order them into the custody of thiir arents. Judge Zane Suppose they did not go The court would not place them in charge of an officer, to see that they lived with their innt. Mr. Whittimore Ttey could be ordered to go there, and not where they have been. Judge Zano Thecourt will merely mere-ly discharge them from any restraint. re-straint. But they may have tlitir choice of whom thiy live with. Further than that the court can I not go. I Mr. Voting Thvc youtig ladle have alt ays had the liberty to go white they desire. Iiutwc do not want thcui ordered to go whin tin i do not desire to. They are oil enough to make their own choice. Judge Zane, to U10 witness -You undirstaml that sou have a right to live w 1th whom you please. Mr. Armstrong Have you ever been taught that j our parents were bad people? Witness Xo, sir. Mr. Armstrong Have you uetcr told your motlier that you could not lite with ht rand be n good girl N itness Yes slr "'at was what I thought of It. Mr Armtrjug Did you till her that everybody said so Witness I may hate iloni Pue ma le hie angry. Mr ArnWrong Did you say jou would Hie to come to Salt take? Witness Yin, but not to live ihen. JIr. Armstrong Whj Witness Iki-viM; I would nlhcr I lite with my aunt In bL George. I Mr. Armstrong Was it not because be-cause of j our tcachiugs? Witness Vo, sir; the Snow Ifamilj always al I wc rould do as rc picas"!! aliout where we lived. Judge Zane Is jour aunt jtur I mother's sister? I Witness Yes, sir. I Mr. Armstron;; Did your aunt notsa to 3 oil that s)e wou'd liki 1 all her girls to be in polj gain I Witness Xo, sir. . Mr. rnttrong la you lhcvc 1 in lKilygamy? 1 Witni-s" I don't kuow ant thing I aliout it. IJudgeauc Tliat tpiestiou isun uccevarj . 1 Mia Sabra "tnngam was called and testified I am tin. amc age a" 1 m.t sister, I5LutIoveaibir; we are j t ins, we live with Mrsinow of our ow 11 choice, tt o have been Ji'fectly 1 fni, we have never been told to marry in polygamj; nobody lias talked to us aboat marriagu To Mr. Whitteraore-i-We hate engaged in house vork, haveattiud-ed haveattiud-ed school ever since ttc wen. lite or six year old, w e go to meeting occasionally; we don't hear pott,;-amy pott,;-amy discussed there, liavt uettr lietn advi-ed not to come to Salt I11U, hate heard that Salt Lake has not a eod influence for you jggiri", wi like to to lite iu bt, George; no one told us our parents or sister w en not proper persons to live with. Aunt Lizzie ins netirsud anything any-thing to us about it; 110 one told in how to testify lien, when mother jvasiubL Georgi. wo were willing to come here on a visit, but not t live we ditl not w ant to come w hen she wanted to compil us to live hen. Mr MaryJJ. Mnagaii testified, lam the motlier of the lat two w it nesses, reside in Diugha-u canton 1-irt of the timt, and in bait Lake jiart of the Unit, for the past nine or ten years they have lived with thiir aunt: I allowed them to co be cause they were sick and needed assistance as-sistance to kei plhim; my sister is unfit un-fit tnrcartln.il, thtl arcnotkiptiike ladies of IbcwurM, this an com-lilted com-lilted to chop w 00J, do housework and arc like the common girls in this city, this are allow ed to ; in the streets at nUbl; Mrs. bnow toll me she thought bt. George tiio best plait; she told me she behctcd iu iwlygams, aud that htr family wire tietttr otr In it; she said the girls were good housekeepers, aud did not need to If educated ill Salt Lake; I was tin re two wiik, and they refused to let the girls come with me. Judge Zane-Did tl e girls refuse Witness The jopIe nfucd first. They are much opposed to our fani ily. My oldest daughter says-Judge says-Judge Zane We cannot listen to ail that. To .Mr. Whittemoro The girls came to town ye"ttrday, aad thell coaslu tried to keep them awns from u; then Mrs. I'itzgtraid pushed hi rover, bat she did not let us speak to them. George Stringam test!fied;iu reply to questions bs Judge 7ine I am the father of thee girls; have ncttr been in polygamy, am not n mem ber of the Churih, but have been; I have three or four houses when they cau live; when they went with their aunt, I had nine children dow n with diphtluria, so I let tlicin go, she said thiy could comeback whin they wanted to. Judge Zane Were you ever Indicted? In-dicted? Mr. Stringam e-s, for selling liquor. Judge Zane For noting el-e. Mr. sjtrlngnm Xo, ir. Mr. Young Were you 1 ever in. dieted for anything tjse ,t jKJUOr selling. Mr. Stringam (hesitatingly) Ye Judge Zane You said you had nut. Xow what was it? Mr. trlngnm Murder. Judge Zane What el-i" Mr trinsam Horsestealing. Judge Zane Anything cli? Mr. tringham ne bat the liquor. Judge 7am Wen- mi ever tried? Mr. Stringam 1 es, the jury acquitted ac-quitted me. Sir. Young They hung, dUn't they? Mr. Stringam Oil, ye, Ihet did. To Mr. hittemoro I have two other daughters it home, add six "ins. Miss Syhii btringam was recalled re-called I don't have to chop wooi; aunt always has us in at 10 pm; we never went out on the streets at nlitht; we would sometimes go oat to a neighbor's Iiouh; sevtnlyoung men used to come to the liou-e; i oung ladies came ao; we w ere not allowed to roam the streets; when we came to tow n my cousin ill 1 not interfere with my mother or slstir; mj sis'er struck my cousin and knocked ber dow n. To Mr. Whlttemore Mr coulns did not try to keep us froni mother; we were not allowed, to go out. with et ery body at SL George; MrsSnow has five daughters; some of them arc married. Miss Sabra Stringam was recalled re-called We are not compelled to chop wood, we are not allowed to roam about the streets at night; we sometimes go tothu theatre or to parties; aunt cautions us to be choice in our company; yesterday my sister sis-ter struck my couIu. To Mr.Wnittemore We only go out with respectable young men; when mother was there we were out on the lawn in the evenings. Judge Zane Was it pledant weather? Witness Yes sir. Mrs. Kate Fitzgerald testified These young ladles are my sisters; I was at the depot yesterdaj, and these who were with them tried to keep then from tlsl ray coUilu said I could not speak to them, and lushed me away; her brother did the same and I (truck him; mother offered to let my couin and my sis ters go to her hotfe, but they would not; Sylvia said they could not go there one half hour ahd bo good girl"; 'he said we rtre not "Mormons;" "Mor-mons;" I heard that they wire in danger or going Into polygamy; my aunt tried to induce me to go into polygamy five years ago. To Mr. Young Yesterday Miss Snow struck mo first; I did not strike hir fill: I pushed her and struck her brother; she pushed me firL Mto Martha Snow testified 1 am a cousin of Uie-o young ladies and daughter of Mrs. Klizabetli bnovr; I have been a school teacher in this cits fore year; t taught school In bt. George, and thiy attended; I was at the depot yesterday, aud saw the girls thert; I got on the train and asked them which thiy wanted to go with, tiieir tnotner or me; thiy said "Wo want to go with you." When we got out, they kisJ their mother and sister, and ske to them; then Mr. Mtz;erald came uji to me, and kuocked me down; a policeman was tliin-, aud he told me I would have to go to tbe City Hall aud make n complaint heft-re she could be arrested ar-rested Mrs. btriDgam ami Mrs Fitzgerald ke t the girls back, aud tlies cried to get to me; Mrs. Fitzgerald Fitz-gerald called mo very vilo name; I dll not strike her; did not eten reply; re-ply; we telephoned tor another policeman, and he came, aud asked the girls wheru they wanted logo; thes said thiy wanted to go with me; we did not go home, but to my "ister's house. To "Mr. Whlttemore My home Is in bL George, but I have been In bait Iike since last bej tenibtr: ms mother requested me to meet tlum atthedijKjt, I did not taHe tlitui to my residence, because w c did not w Ish a repetition of the scene; I told Mrs. Stringam I would not enter her house; I gave the girls no advice iu the matter; thiy wanted ti come with me; my father Is Krastus Snow; he lift more Uian one wife when he died. Jan.cs Dwyir testifed 1 was at the depot ycslcrdus, anl saw Mii bnow then, I saw Mrs Fitzgerald whipayoungmin on the platform, and drive him oil; -tie tried to take the girls, but they w ould net go Thomas Adams testified I saw the scene at the depot 3 tsterdas ; I knew none of the parties aud do not kuow who struck firsL To Mr. Whlttemore I did not go to meet these voung ladles. Asliby bnow testified-1 live iu bL Georgi, Mm. I.lizabeth Snow is my moihir: I met my couIns these young ladies, nt the dt pot yes ttrday; Mr. Fitzgerald struck ms sister with her fists, I iuterfiredanJ requested Mr". Fitrgeraid to tie peaceable, and she turned on me; I got don 11 out o: tlic wav; my slstir dll not strike Mrs. Fitz girall at ail Mrs. Fitzgerald aud Mrs. Stringam tried to s parate my coulrs from ms sister, but they wouM not go, I eut to thu Ci'y Hail for n jollo man, tiiiocsmaand allowed tlum to l,o .1 Inn they desired de-sired I live with my inotht r, my couslus are treated just as the rest of thu family; thty aretakm the best can of, I hatt iijt heard motlier trs ing to influence? anyone about puis gams. lo Mr. Wliittemorc I did not eoiitere with Mrs s-tringam about polyga n; I did hot till her that if j money would keep the girls away j from htr; it would 1 done; my mother told tlum to do 14 thiy pleased, we wire suspicion Hill if this win taken awns Jcstirday bs Mr btringam that she would not alio a tlum to lie iu court todas. Mr U hilt mon, to the court We ak that tho-e girls be given into tin custody of thiir parents. II the court tlUiharges them tins will rtturn to Mrs. snow's wlilch 1 a puis gamoi'sfanills. and will reieive 110 "inslruUUM" to prevent tlum going into lolygauis. Thes are of the time lielnf as thu f mills this hate lived with. Thes shoull lie dehttretl lo people uho will teaih them that wis gamy is wrou Tin court, in its enltitvor to prevint poljgams, should pla-e Uit-t ehil drcn wlicre they will lie taught dif ferentls. Thes have lieeu located 111 the h0tln.1l ofpolygams, if thin I" one in the territory, nnd tliey an Iikils to follow ill the same course Tile court should trder that this be dclittred to their parents. It is a parody on Justice if parent eiunot have the courts to siipirt them in keeping their children wi'h thim A girl 11 years old does uot kuow as wtlln hir panuts w hat is best for iter. Mr Young It seems to l the custom of some attoniejs, If they can get no cviJiucc to support a claim they makt;, to pbs upon 4lgaiuy. Here it was alleged that these girls umto be com;ieIled to go to Mexico to gp into jwlygamy nnd thes neter tetitured to bring a t ord of 1 roof Judge -nt" interru ting him You need uot urguc lllKjn the "iues-tion "iues-tion This !s an application fur a writ of luifjcaKriTin.it to bring those two young la lies who were alleged lo be restrained by Mm. Snow, that they might be discharged from suili unlaw fui restraint. Mrs. bnow dcniei this restraint and says thiy are at liberty to go as they desire. Die court is askeU to make au ordir delivering them to their father and motlier. The question I" should thucoart do so? It appears from the evidence that about ten years ag6 they were Willi their pa-mils pa-mils but owing to sickness and that they could letter bo taken care of, their mother's sister was given charge of Uiem. and they hive lived with her ever since. They have been brought hire now. They appear to lie of the agu stated, and at least of avenge intelligence. Thit have had the ad vantages of an attrage education, and I am not sure but it is more than theateragc. They appear to be well taken care of. The say they are not restrained of their liberty and that thiy pnfir to live with their amiL 1 think they lute lieeti pretty well brought up There is evIJeiice to show that ihe lite istleSnow was a polsga-mist, polsga-mist, but there ii no evi lence to show that they hate Imn taught pulsgauis, and thiy Late not been inUiiccd to in.tcr into iL They are allowed thcmualt rivileges of young ladies of their age, and appear to hate bee 11 will taken care or. Their aunt seems to 1 attached to Hum, ami they to her. Thiy areata at-tathed at-tathed to thelrs)reiitsaudsas notli-ingdinHcctfiilol notli-ingdinHcctfiilol tlieni. Hut they do not like Salt Lake. Thiy evi-dentls evi-dentls le t'fy trutlifully Tin re was 1 disgraceful scene at the station JeslenLis, l-uttheotidepco is that all con luited thi mselvus respectfully respectful-ly except Mrs Fitzgerald, who was di-Iwftd to use MeTeUct. The court cau only n'case thiseyoun? glrl-i tugo where they choose. If they were of tender years, thi re might be reason to give a dlfTinnt ordir. Itut tliet areoterl-l. Thty aronotlike-ly aronotlike-ly to marry In pb gamy before tiiey are IS and if they do so the must take the responsibility. Tills court can't take cnarg-of all the ladies In this Territory for fearsome or them might marry Into polygamy. It U too much of an undertaking: it Is even ti muiii to compel them to keep at home with tiieir parents-rhtsa parents-rhtsa young ladies liavo the jriv-ileg- ta live where they choose-, In a good home and It woaid be au out rageou justice tograut thearbitrary ordefa-keilfor. Thi will le allow al-low ed ta go wllh tiieir mother, their aunt, or any respectable family. You understand that, young lilies. To others I will say You Lau'tuso no wolcu-e in this nutter, but mut leave Uiem alone. You must obey the law, and net create any disturbance of the peace. At thi the young ladies, with nearly all the parties to the case, gathered together and engaged In conversation, after which they left the court room. |