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Show ExD?r1VJVbrshil FrantV Er.-Inallon Er.-Inallon This Jloruloj. The arrest of Kx-Depjty United States Slan-hal E. A. Franks, on a cliargo of adultiry, was briifiy stated In yesterday's News. The complaint was laid by Barnard Ma-gill, Ma-gill, one of the city ptison guard, who therein declared that he was an cye-witnes to the oflenc Tlie accused was taken before Commissioner Commis-sioner Norrell and admitted to bail la thetum of $800, his sureties being be-ing F. II. Dyer and A. J. Snell. Intc tho same afterncon Frank'' alleged accomplice was likewise arretted ar-retted on a charge of fornication. Her name Is Agnes Poulson, and she is a good-looking young woman, about twenty-four years ot age, a domestic servant in tlie imploy of Mr. Fabiau, this city. She, loo, was released on giving bonds for her appearance This morning, at 10 o'clock, there was a largo attendance lu Commissioner Commis-sioner Norrcll's court ulirj the ac cused pa jes pr ented themselves for exam, latlon. Franks was represented rep-resented by Attorney Hovntau, and Attorney Uall apeared ouUhalf of the femtloIefendant. ,. The first witness was Brfcanl Magill, above referred to. llistes-tliuouv llistes-tliuouv was t tt eflect that on Xcw Ycat 'B eve, about S o'cloifc, he .tnd another guard named Jljrktr were on Uicnatch In the vicinity of tlie grsvel pit, tutwein Firjt aud Secuud South. They observed Mia 1'outson leave In r employer' house hyllio luclc tloor, wearinirat the time a white shawl uir hir head. Sho was soon afterwards joined by Franks, and lira liVo walked together to-gether in Uie dircc on ofa shed on lire gravel bed, wh'ch they reached some twenty mlnutri later. Upon their arrival at tlie open door of the shanty they halted, and tbe two witnesses aforemcntio jed (who were in concealment) heard the girl say. "Light a match and see if there is anybody lu there." Franks did so, and when they entered Miss I'oul-son I'oul-son remarked, "What a 'dandy' little place it i-!" A fire was burning burn-ing iu the stove within tha shed, but there ws? no other light there. After waiting a short lime Magill and Barker tmergod from tliur hiding-place and sprang a surprise upon the defendants, de-fendants, whlla (as Msgtll alleged) in a certain position, which lie described. The parties quickly jumped up. Addressing Franks, lie told him that he was one ot the prison guards, to which Franks replied, re-plied, "I do not know that this is any of your business." Witness answered that he had como up there to "make it his business," and suggested sug-gested to Barker that they had better arrest the defendants aud march them off to the City Hall. They did not, lion ever, take tills step. Witness Wit-ness acini Ills hands upon tlie girl's shou ieraud turned her round "3 order to have a better view of hir face; but Franke then advanced towards hint w itli his arms uplifted, and eald, " i'ou let her alone." Witness Wit-ness rejoined, "AH right, marshal, I know you both; I have got you 'dead'." He did not know Franks when they first entered the shed, tut he had seen the girl at Mr. Fabian's house previously and soon recognized her. The shed is distant some fifty yards from where Miss Poulson is employed. Magill was closely ,uet!oned'aud at some length, by the defendant' attorneys, cut adhered toutly to his ..tAlenient regarding the Identi-flca'ionof Identi-flca'ionof both Franks and the girl. Tony Barker testified that he accompanied ac-companied Magill to the gravel pits en tbe evening of December 31st; that they left the rity about Gp.ni. and roan an a street car; that on arriving al the shanty Slagill told him about a man and woman frequenting fre-quenting the shanty at night; that lie was determined on catching ii.-m tiilsjjlght. A short tlnie after, arn vingat-tmrstranty- Barker testi-tied testi-tied that he saw a woman In a room or Mr. Fabian's house dressing dress-ing preparatory to coming out: he h!" Weat,fjr tDO wonian; shortly after, a man and woman came toward the shanty and Magill and Barker concealed themselves. Abaut ten minutes after Magill Ma-gill entered the shanty, but Barker only went to tlie door and saw the pwomanonthe man's lap; then 7-Jyad away and saw '"tmtmffHimiCT. The witness would I noiswearthatFrankswastheman, , and as to tbe woman, all be could' i say of her was that sho wore a I white hood on her head. Barker I had very Indistinct ideas about the time. All he could say was that tbe conductor of thettntt car in which I he rode back to fie city laid him the I car was due in tire city at S-.45 ri.ni. u, ttiii1'D?PPaS Felersin was called. He lived in Salt JakeCity e gilt mo iths knew Miss Poulson one of the defendants, four months; was a friend of hers.and on theeven-? theeven-? of, December 31 went to Mr. abian a house, where she lived at 7:30 p.m. Petersen further testified that a a?r J,L'Ju,7.aner r:M P-- e left Mr.l-abianV u company;with Agnes Toulson and went direct to Judge Zane's residence. Here they met Miss Moilie Swanscn and her lover, William lusher, and all I went to the houe of a'Mr. Petersen where a number of other youne folks were assembled. Then all proceeded to the house of a Mr. Allen, where a turprise patty was given. They arrived there at 3:10 p.m. Petersen testified that from :. on tbe iii;ht of December SUt, until 4 the next morning heactod as the eortof Miss Poul- ? lDr Pe.lrer D' '.". "Ply toa q utvtion by Mr. Hall, sai i the o IH !..,,!,.. wore a blue hood on her head. Wru. Lesher was next called. He lived In bait Lake eight months; knew Miss Poulson about sir weeks! He remeraberea the evening of De-cember3I; De-cember3I; met Miss Poulson anJ Jan Petersen at Judge Zane's about :; acted as escort ton girl named Moilie; did not know her other name; all went to Petersen's, then to Allen's surprise tarty, arriving ar-riving thereat 3.30 or thereabout. 1eshir said there were at the lartv rr.1.?"1' .n"d ,ul,,e y""K men; fna' they danced until 3:30 a. m.; that Miss Poulson was not absent from the dance during the time! when he saw her at 7:55 until the . morning. He Uttlfied thatj Miss Poulson wore on the night In I question dark clothes and the same hat she now wore. Moilie Swensen testified that she lived at Judge Zane's since November Novem-ber last: she knew Miss Poulon from girlhood. Her testimony was entirely corroborative of that of the last witness, except that she swore that six ladies and eight young men comprised the party, the names of whom she could not remember. Swan Petersen testified that he knew Miss Poulson five years never heard or knew anything bad about her. Mr. Fabian testified Uiat the girl Agnes Poulson was in his service for the past two years, and that she , was in every respect a proper and well conducted girl. Fanny Allen, a native of Salt Like City, testified to the time of the arrival of Miss i'oulsou and others at her house on tbe night of Dec 31. Her testimony was corroborative cor-roborative of the preceding witnesses. wit-nesses. Mr. Hall then addressed the court, asking for the discharge of Miss Poulson on the ground of lack of evidence to sustain the charce against her. I Commissioner Xorrell said that In view of the testimony adduced he could do nothing elo than discharge dis-charge the female defendant. As .F.f,nWs WM Jointly charged with Miss Poulson, the charge agalnt him rami of necessity also fall to the ground. Both left the court smiling and |