| Show joeph josepn JOSEPH H EVANS CONVICTED AX AN EASY VICTORY FOR tue xue TION As stated staled last evening the forenoon session ot of yesterday in the district court was used up in examining the prosecuting witness harriet parry I 1 a willing witness gentlemen who testified to having been married to the defendant in the evans case at the endowment house in this city may mj 6 1880 she thought by joseph 1 i smith she said she had a child by the defendant born ft year and a half after they were married the witness was cross examined at length by mr rawlins who with mr ar dueks sheeks represented t the tle tie defend defendant ant aut and this proceeding reached over into the afternoon session the only other witnesses put on the stand were ruth kuth evans wife of the defendant and david vaughan the former testified that her husbands nights were always spent at home and that he and harriet parry had both denied to her that they were married david vaughan testified that while the defendant was in england mrs airs parry harriets mother had asked him if he did not want her daughter as a second wife he also said that harriet parrys reputation for truth was not good both sides now rested on evidence and the arguments began ZERA SNOW ESQ opened for the prosecution he drew attention to the fact that the defendant and ruth evans had been shown to be husband and wife beyond a doubt the second marriage was definitely proved by the witness harriet parry herself she gives the date the place and theman the man who performed the ceremony they left the endowment house separately not knowing who might be watching for them they rejoined in three weeks time and lived together as man and wife you have the further testimony from mrs para parry that defendant was present at t the e time of the birth of the child that he paid the doctors bills against these things there is not a single bit of testimony except that given b by the last swit witness swiftness ness vaugh vaughn 1 avilo I 1 takue take it I 1 t is a rejected suitor of 0 f harriet parrys brother vaughn may tell what sister brown said but brother vaughns motive must be considered the testimony of ruth kuth evans it must be remembered is that of a wife who wishes to defend her husband and to save him f from rom the consequences of a crime J L ESQ for the defense spoke as follows 1 I shall not attempt to appeal to the prejudices of the jury as counsel has done nor shall I 1 for a moment believe that because a man comes upon the stand and speaks of I 1 brother this and sister that counsel can find anything therein to make a conviction my client an aged man was 53 years adars 01 old oid when this marriage was alleged to have taken place he has been married to the woman ruth evans many years and by and with her has raised a larce larse family he is a mechanic earns his fits bread by legitimate toll toil and is not the U man it seems to me gentlemen of the jut jux juny luny who would take upon himself the care and expense of a superfluous family Theold the old oid woman mrs airs parry does not bear the face nor the appearance and her inexplicable tales do not have the semblance of truth and honesty what is more probable than that seeing her daughter about to become a mot mother hershe she chose a means to render that offspring honorable and trumped up the story of this marriage with the defendant the old lady parrys stories are inexplicably contradictory Isit Is it tobe to be believed that the defendant spent as many nights with harriet parry as she affirms would not the first wife have protested against this and have we not lier her testimony that the defendant efen dant was not absent f from rom his home a single night has not harriet parry contradicted herself in her swearing that she never told anyone of her marriage marriaga e and what incredible circumstances circumstance e s surround the case she says he had been courting her two years she admits that she did not hot love him when she married him and the ceremony I 1 she testifies that she did not see tile tiie defendant after the marriage that he remained away from her ber for three weeks no arrangements fora future meeting for her future living no pro provision for her at all N she ahe c thinks she was married by joseph F smith but she has lived in this city for seventeen years and she does not know him for certain she dont know the man who married her think of it the old woman parry says the defendant never passed a night under tier her roof the young woman parry says he did dil did several nights a week for over a year ear car I 1 believe these two witnesses me have lied I 1 believe that haders had mrs ruth rutn evans known tier her husband was cohabiting with another woma woman ushe she would not have remained under his roof one moment the prosecution endeavor to cast discredit upon the testimony of I 1 david vau vaughan han hau does any one doubt that the reputation of If harriet arriet parry was bad after what the witness said gentlemen of the jury I 1 simply invite you to examine examina all the circumstances attending the case and from them I 1 think you will find that sufficient evidence has not been produced to convince you beyond a reasonable doubt of the guilt of the defendant w 11 DICKSON ESQ U S attorney said in effect I 1 am not surprised that mr nir rawlins has inveighed inveigh ed against the prosecution or that he has applied to the witnesses the epithets he has done this is the usual course in cases when too strong a case has been established we ar are e all anxious I 1 know gentlemen to get out and see whether elaine blaine or cleveland is ahead aud I 1 shall not detain you long but tais this I 1 will say that no counsel is justified ju stifled in applying the name of librand liar ilar and perjurer to a witness unless he can lay my his finger upon the circumstance which will justify him in making the assertion counsel has said ruth kuth evans should not have remained under the defendants roof a single moment had she known of the second marriage god speed the day wh when eDthe the first wives of pta atah will possess such courage but we know they do not possess it today to dayl day he then devoted himself to reviewing all the evi dence aiming to explain away the testimony of mrs airs evans and Mr Vaughan and laying great stress upon that of the witnesses for the prosecution the judge charged the jury briefly and they retired mr air dickson who sho seems to have a mania for tor wanting people imprisoned before the time comes and who seemed perfectly sure of the verdict that would be rendered by his patent jury here made a motion that the defendant be remanded to the custody of the marshal nir air rawlins hawlins objected on the ground that such a step was unwarranted said he by our statutes atutes bt the thu defendant is not even required to be present in court he may be represented by his bis counsel mr rawlins quoted several authorities to show chatin that in trials where accused persons have been remanded on the case going to the jury they were being tried for felony and not for a misdemeanor lie he occupied considerable time in quoting authorities thorit thorn ties les and was in the middle of his argument when the bailiff announced that the tiie jury were ready to toome come into court they chey rhey filed in after having been out lust just afif fifteen teen minutes mr Rawlins suspended his argument while chever the verdict was ascertained mr nir john F ardie hardle II the foreman in answer to the question if they had arrived at a verdict answered I 1 we have i and handed a piece of paper to tiie til e clerk who read f from roen it that the jury found the defendant guilty as charged in the indictment the jury were then discharged Mr Rawlins continued his argument drawing attention to the fact that as the defendant had given himself up to the marshal it fainot was not likely no ne would attempt to escape mr dickson made a briet reply mr nir rawlins read several authorities to sustain his position and the court ruled that the defendant might continue on bail till he mas was i as sentenced the time fixed for passing sentence is tomorrow to morrow mornin morning at lu 10 |
