| Show THE NEFY examination THE DEFENDANT HELD TO ANSWER THOUGH HE HAS LIVED WITH BUT ONE WIFE the preliminary hearing in the ease case of the united states vs amos H neff accused of cohabiting with his wives catharine an and dElIza eliza neff was held before commissioner mckay today C S varian appearing for the prosecution and F S Sa richards ichards for the defense mr neff listened to the reading of the complaint and entered a aylea plea of not guilty cyrus neff was the first witness and tes testified tided that he was the defendants son his mother was dead he had not lived at defendants during tye the past nine nin years eyears martha and hattie neff were his sisters mrs firs catherine neff lived at east mill creek not inthe in the same house with defendant she had five children the youngest nine or ten years old the defendant lived with mrs eliza neff she has four children the youngest about a year old eliza was reputed to be the defendants wife Cat catherine nerine was his bis wife at one time and had pot been divorced witness had visited E aizas house about once 9 6 week and catherines not quite so often defendant had bad been at the tatters lat house bouse occasionally casio nally cross cress examined by mr richards Bic hards catherine has bus not been considered considene d the defendants wife for four or five YX years miss hattie nell neff testified that she was catherine thomas geffs daugh ter her mother was known as catharine thomas mrs eliza neff was waa reputed to be the defendants wife witness visited eliza occasion occasionally ally the defendant visited catharine occasionally when he was invited he bad no sleeping room in the house and had not stayed staged there for four or live years be e had bad visited there during the past year did not come except when sent for sometimes took meals there witness had heard of an agreement between defend defendant alit and her mother to live apart this was three or four foar years ago they had not lived together since after the agreement there was a change before he be came regularly and after only when he was sent for toe separation took place four foar or tive years ago he be did not pass the night there catharines Cat barines youngest youn youngest Fest child I 1 is din nine ie years old witness mother was not able to leave the house now she had been al all for four or five weeks ur dr smith attended her she was afflicted witti with rheu rheumatism matisin cross examined before the separation the defendant made catharines house his bid home part of the time but since then had not lie he had only dished hei re ee direct mrs martha neff was the first wile and died a number of years ago tile the family are known by the surname of naff b thomas homas was catharines m maiden aiden name daede she sometimes visits alizas house bouse and may have eaten a meal there the children all associate together and go to the same befool K R cross examined have not heard beard catharine Cat hanne called by the name of neff since the separation mrs eliza neff was called and festl fital that she was the defendants wile wife knew catharine neff witness was ma maried ried in 1875 defendants wife martha marl ha was dead theu then did not know when catharine cattarine Cat barine was married in witness aud and CaULt mue were on f fri eudly terms the latter latte I 1 nail had not been recognized as defenda defendants wife bince 1882 an agreement had been wade made to separate bufore before then the defendant lived with both but since only with witness he vent when cataerine Cat Catli nerine erine sent for him he took his meals wita witness and stayed there at nights catherine sometimes took meals wita eliza she had been called by bobb the names of thomas aud and neff witness did urt not know anen mrs martha neff died cyrus neff was recalled his mother died about 24 years ago he be had bad out a faint recollection of atie occurrence as he be was very sma smail 1 l did not know whether catharine Cat narine was married then or not dot cross examined witness might have been six or seven years of age when his mother died miss Hatti neff eNeff recalled catharine was married to defendant about 22 years ago miss martha neff was called she was the defendants daughter her mother martha died about 24 years ago aeo witness had known catherine neff as long lone as she could remember the first she knew of her was as her fathers wife did not know whether she was married before or after tile the death ot of mrs martha neff witness lived in salt lake most of the time with her sister often visited her home at mill creek had bad seen defendant at catherines but not on all her visits her stepmother catherine was sometimes known by her maiden name she managed the af airs of her own house witness had sent for her father to come to callier catherines within a week past she had never written to her stepmother cross examined witness lived at Cather catherines knes four years ago there had been a separation from defendant about that time redirect re ee direct Or catherine therine had been an invalid J for a month or so anderst understood 00 d that defendant did not now acknowledge her as his wife never heard him say she was not his wife witness was 27 years of ase age did not remember her i mothers deith death cross examined my mother was regarded as the first wife this closed the examination and mr richards asked that as there was a total absence of cohabitation the defendant be discharged the commissioner suggested that the law would raise a presumption that catherine was the first wife and conse of cohabitation with her mr richards thought it would not the prosecution had not shown that the defendant had a legal wife and lived with another wife mr varian contended that the evidence indicated that catherine was the legal wife as the defense had not con trover ted it the defendant had visited catharine and that was presumptive sump tive evidence sufficient to hold the defendant to answer to the grand jury the commissioner held that there was probable cause that the defendant was guilty and fixed the bonds at ill which were given the witnesses were also required to give bail for their appearance in the sum of each they will appear before the grand jury august ath |
