| Show THE MILES TRIAL P following are thursday pro ce edings in tho ailed polygamy case the jury being as follows A J johhson wm al chapman jno F crismon Crl erl smon james decourcey alexander majors J P F wilcox abram abrim hopper james joseph clayton howard sebree bobree Q C al Gl gilberson Iberson J P F hardie hardle the jury being called the brat witness for the prosecution appeared this was pres PRESIDENT IDENT JOHN tayloe hib mis testimony was substantially the same as that given before commissioner sprague met miles previous to his alleged le relations in my office caroline carolina owen and other ladies I 1 did not know were wore with him think these were emily and julia spencer fa pencer dont know that Miles entered into relations with these ladies my objections to ans questions on that took place between the de do mutant and myself of a profession 41 character were formerly over led 1 but I 1 still hold those object ro us the object objections lona iona were again km itTer ruled by the tho defense I 1 am called eres Tres president ident of the church and am ami a ni minister nister ulster was acting as one on the occasion of my interview with miles uiles whose communication to me was confidential the objection of tho defense to the witness answering was here overruled be re redirect direct the object of t those he s a parties p Tr arties in visiting me was to get information regarding some matrimonial engagements the request of the def defenso defense ense enso to clear the court of witnesses was acceded to with the exception of bliss miss owen who wag was allowed to remain to ascertain which of three women to be married to ulles miles should go first I 1 told them it should bo be according to age the oldest to take precedence I 1 also told them that they were released from the whole cod cop co n tract so far as I 1 was concerned and if they entered any new one it would bo upon their own responsibility lity think the defendant call led on mo me prior to this miss owen also called about the matter think she felt bad about the decision I 1 had made she being younger than one of 0 the other ladies I 1 do not bot ibave chargo charge of the record records sp presume resurge acro llero acre is one kept ot of the endow beut anent house marriages dont know what it ia is called don dont donit it know the keeper may have geen speen it dont enow positively miles was a church member dont know whether he is now or not cross examined am acquainted with the rules zules of the church regarding marriage there ar are a mar for time for time and eternity and for only eternity marriages for fon the dead and for the living jiving in id marriage for eternity the woman would be de called the mans wife the result of the interview referred to dissatisfied the ladies 1 I told them the marriages ought to take place in tho the order stated I 1 understood the defendant wished to take tako the na women for vi time me and eternity i MISS rate KATE CONELEY was sworn live livo in providence rhode island met the defendant and miss owen both at my brothers home house when in salt lake previous to the of october berlatt last heard of the con contemplated templar marriage miss wiss owen 0 men wen was feeling badly on account of an inter with john taylor who had said that according to church rules she could mot not be miles first wife emily spencer was to be first and miss owen second cross examination postponed ANGUS M X CANNON next testified live lia iia salt lake make know the defend defendant antA live have met emily spencer and caroline owen may A supper ordered by miles billes was waa held at my housa bouse one night in october last lie he eaid eald sald said he intended to get married he ild iid botsay not bay say to more than one wife cant t tell the date ot of the supper he was arrested next day at the examination of miles before the commissioner I 1 gava gave testimony heard the allegation of miles plural a al marriage dont know that the supper was waa OB on the evening of the aay day amy this was alleged allies miles paid for tile the supper beforehand baid eaid be he wanted it for uis bis friends and he was going to marry miss owen no cross exam examination MRS 31 J T FOREMAN next sworn have seen defend anti aati Emily emliy spencer and aud miss owen was hel hei helping p ing at the wedding supper pas at angus 6 agus cannons one evening at the timo time Miss Owen seemed not to feel well miles asked her to play the piano bhe ehe baid eaid she would nou not play for foi hla hia wife B emily emliy mily spencer for he called her so miss owen said if she is your wife then what am anil anal I 1 did not hear miles answer cross examined this occurred in the dining room emily spencer was in the parlor did not hear any one ene call her alias miss spencer heard misa owen call her emily spencer the impression of the company was that the latier latter was miles wife MISS ELIZA formus for FOB esfan EStAN was called was at angus cannons house on the night of the of october miles owen and spencer were there was in the dining room and heard what was said there this corroborated testimony of previous witness cross examined understood it to be a wedding party gotten up for miles and miss owen LEO dyre DYKE the boy witness was called was on the porch of angus cannons house with his boys on the night of a wedding party given there iia in october last have seen owen and miles dont know emily h spencer I 1 was looking through a window and saw miss owen go up and slap a lady sitting on the piano stool saying 1 I Isaid said sald I 1 would and I 1 will before she slapped the lady miles said ano no you wont she is my ray wife afterward he said 1 I am ashamed of you miss alias owen replied if you dont shut up ill slap you to 21 2 1 miles hiles miles ulles said to the lady on the piano fj tool sit still you are my wife cross examined it was a little after dark some borne other boys were with nao rao looking through the window rate KATE CO coneley COKELEY seley recalled Ee called 1 I 1 attended the wedding reception by invitation of miss owen miles introduced me to mrs emily miles mrs woodruff and miss young had been introduced to emily spencer before as miles future wife heard bliss miss 0 owen wen command emil emli emliy emily Y to get got off the piano stool miles told emily not to owen threatened to slap her if she did not and did slap her miles said i he was ashamed of other her owen a and nd that he would not put his wife emily out the first night they were married mr cannon said he would not have such conduct in his house if miss owen would behave herself she could stay otherwise she could leave owen did leave crying she came in again e and went to supper with mil mii miles es said she was not miles first wife and that the i head of the table was not her place but that she would take it and she ehe did cannon said three mrs miles being i would have to be chosen miles mother was there ana was called sister miles owen played piano for them to dance but bald eaid she would not play if emily spencer danced she called the two spencer girls Equa squads squaws ww the party broke up about 11 miles went away with emily spencer cross examined miles introduced miss spencer to the company as ills his wife he also introduced miss owen as his wife to a young man and she resented it supper took place at about or 9 the piano stool affair half an hour later M L holland was then called but was not in atten attendance danco court adjourned until 9 30 friday morning proceedings friday morning the first witness called by the prosecution was M I 1 JI the witness testified that he had heard a conversation between the defendant and miss owen during daring the time of the formers examination before the commissioner miles ultes had asked her if it she would come back to him and her answer was waa yeb yes if you will leave the other women and take me for your only wife in reply the defendant said 1 91 I will rate KATE vas recalled but her testimony was waa not material GEORGE REYNOLDS was then sworn the defence objected to his testimony anthe ground that he had been convicted of a felony after argument the court decided that he should be excused joserh JOSEPH F SMITH took the stand he said that be he bad known miles as early as last october he was not positive tha thai it he himself was in the endowment house on the thursday spoken of could not say whether he saw miles mlles at the house houle a few days prior to that time the witness answered under protest that the sealing room was up stairs in the south end of the building he declared that to the best beat of his recollection he did not perform a in marriage a ceremony ely between miles and nd emi emily spencer he thought that ho was in the sealing boom room part of the day and that gen wells also performed marriage ceremonies on that occasion the witness testified that he did not know if it there was a book kept there containing a record of the marriages that took place young was called and sworn but her testimony did not establish any material points after some bome delay a mars marshal marshai halwas was sent at the request of the prosecution to find either elther daniel H wells dora young or julia spencer he lie returned with the information that president wells was on the way but that neither of the others could be found DANIEL H testified that he be was acquainted with john miles did not remember b having seen john john miles or emily spencer at the endowment house on the first thursday previous to the defendant defendants a examination before commissioner sprague Bp he believed that he had performed marriage ceremonies on that day several questions were then asted astred the witness leading to the manner of performing ceremonies it is the custom at the endowment house for people being married to wear endowment robes at the marriage the ladies wear caps diffie different rent from those worn by the gentlemen the witness declined to answer question with regard to the dress of candidates the court instructed the witness with regard to his privileges and the grounds upon which he might refuse to answer As he still declined to answer and the tion insisted on the question the court committed the witness to the care of the marshal the order was however rescinded that the examination might proceed the redirect re direct and cross examina eions were then concluded and as the witness per pei persisted slated in his refusal an order was entered that he be committed to the care of the marshal to appear before court saturday morning at 10 and show cause why he should not ba be punished for contempt the prosecution then called miss carrie owen 0 wen but the defense objected to her being sworn and giving testimony on the ground that she was the wife of the defendant judge tilford argued ably for the defense on the objection raised but pending a settlement of the question court took a recess friday afternoon was occupied by judge tilford of the def deo enss in his argument against the of carrie owen as a witness for the prosecution he cited aum sun authorities thorit meg ties to prove that she occupying the place of second wife to the tha defendant according to law could not be admitted as a witness until the parri marriage age to the first wife had been proven this had bad not been done not a shadow of evidence had bad been adduced to prove the first marriage the defendants confession did not constitute sti tute by law the required proof the section of the poland bill which would hava havo made male such a proceeding legal had bean wisely stricken out before it passed the senate the prosecution had in produced trod two wells and smith both of whom had declared they did not recollect performing shy auy any ceremony for miles and spencer there was not a vee tige of testimony to show that the defendant had bad acknowledged emi ly spencer to be his hia first wife pro taylors decision as to the order of the marriage did not no prove that such arriage marriage ba had taken place but bait admitting for arguments sake that the marriage did occur there was no proof as an to which was the first wife judge van zile then replied ile he claimed that carrie owen was not only a fit witness but that the confessions of the defendant are i bunni sufficient clent evidence i in a bigamy case and quoted quoted his authorities authorises autho rises it b was ofton often difficult to prove the first marriage especially in a place where marriages marri agea are secret aa as in tho the endowment house where oaths of lecresy were imposed to admit that eyewitnesses eye witnesses were always necessary to prove a marriage would bo to license polygamy in utah wells wolla and smith did not recollect performing the marriage in question because they had bad no demire desire to remember it miles was advised by john taylor about the marriages and as miles was a mormon he would not have dared to disregard advice hence the mar liage had taken place wonderful logic ED emily spencer had been introduced as miles wife the prosecution expected to prove by carrie owen that the defend an t admitted repeatedly that emily was his first wife A recess was then taken until lo 10 allow tho the defense defence time to look over authorities in the evening judge hagan replied for the defense he claim ed ea that the cases cited by judge tilford contained the law lie he then contended that the opposing authorities cited by the prosecution did not establish that confessions and admissions alone were sufficient clent to establish the guilt of the defendant in criminal cases such confessions could only be admitted as corroborative of the tho testimony of eye witnesses or for the identification of parties they might be sufficient fent coupled with habitation cohabitation co I 1 but there was no DO evidence of habitation cohabitation co merely the naked confession of the defendant no case could be found where conviction was based upon the bame amount and character 0 evidence as introduced in this case care the judge reserved his hia decision proceedings saturday morning upon the opening of the court his hia honor hoor judge em emerson reviewed the question relative relative I 1 competency of carrie owen as a witness against the defendant he overruled the objection of tho the defense and ordered that the witness be allowed to testify defence excepted to the ruling CABBIE CARRIE OWEN was sworn she came to utah last october knew john miles milea k 10 years ago in london Is 23 years of age miles Is 13 months older than witness their acquaintance lasted until miles went to sea in 1870 she was engaged to miles who wrote to her after he went to sea asking her to be his wife the ship he sailed with was wrecked and for three years bhe ehe sed aeed eed him lost she next heard beard of him when ha met her in england aa as a mormon missionary he told her that he be was engaged to two girls in st george utah but afterward said that he would write to these girls and give them up for foi her sake he could not marry her while there because that would not be according to tha th rule of the church when she came with him she fully expected at any rate to be his first wife her business hail had been that of a teacher after coming here she went to angus cannons and remained there three weeks before the marriage during the interval she became with katie connaley Con neley at katies brothers house there was some talk about the marriage witness told thero there that she was dissatisfied with the decision of john taylor miles heard all the talk though he pretended to be asleep it was settled that emily was to be first wife witness went to president taylor and said bald to him miles should make her the witness first wife as be had tried to wrong her in new now york but plea waa was not sufficient the arrangement ran gement as witness understood when she wept to the endowment house was that emily waa aa |
