Show THE LEAKER CASE 9 presumptive cohabitation extended still farther the defendant convicted judice judge lanes danes latest latent Den definition nillon makes the status crit criminal ninal notwithstanding the U t S I 1 u drome conett Conr tt opinion op inton the trial of 0 david W leaker ot the E F ward was held in the third district coat today to day the defendant was fur for unlawful cohabitation witti with nis is wives w es ann au leaker and elizabeth D 1 leaker L ke alp from om july 1 1883 to june 1 1886 the following jurors we wee e selected to grythe try the case W H roy hoy albert fischer M dusseldorf Dass eldorf S C pancake alfred thompson it P martin maitin mai tin geo dullea J B wilson 1 t E jos foster jas winchester geo ge j mrs lars 8 arah ann denney was the first witness called ana testified tied I 1 live in the alth ward have known the defendant 18 13 or 14 yearb yeara tie lie is my hus hua banda br brother in law my husband is i charles denney my maidee bauk is gold the che delenda at tit married my husbands sister elizabeth denney leaker leader she bhe lives in ane alth ward she has several children I 1 thins thine the youngest is about three years old I 1 was waa last there three or four weeks ago the defendant was not there I 1 visit there occasionally and have seen heen t the h e defendant there tatt children call him father I 1 have met inet him there in ill the evening I 1 know ana leaker she lives dext door there is a passage way between tile the two houses it is rooted over one house is two story the other only one story have never heard beard defendant call ann leaker his wife have been in her house bouse elizabeths daughter daugh terl nettle lives with her h e r have seen defendant in anns anna house hou se but not for four years past have neverseen ann in Eliza elizabeths bettes house 14 years ago they all lived together 0 they separated five or six vear years ago defendant elizabeth and her family famili In moving Oving into the two story house the defendant then recognized both women as his wives mary annette leaker testified I 1 am D W Iea beakers Le akers kerls daughter daughd 1 my mothers name is eli elizabetn I 1 I live ive with ann A nn leaker and have done all my fifee life tile the houses are not joined but ate are quite close there Is a passage part of th the e way between mother had haa eight chil children ren the youngest a bout about two years old father lives with my mother I 1 have seen him in ann beakers Le akers house lie he came on friday last to tell us to I 1 come to court he came two or three days before to speak to me I 1 do not know how often he comes he be does docs not call regularly I 1 dont remember seeing him there when ann was home she is ia away purt of the time I 1 go into my mothers house of teni I 1 have not seen ann there have not heard beard my father speak of being married beard cotner speak of the anniversary of her wedding mother was married in april I 1 do not knoal the year I 1 do not remember any wedding celebration the children call the r aad E lizabeth elizabeth mother deft oin oine e times called and abd my ma when aking abent her anu ana leaker aud and I 1 live together aud are alone al one except exe ept when we keep k beep boarders bo ardeis father only carne came to see beor to bring something for f or me be never came to tottie the houie houe hou ie e to M see ee ann 1 I dout dont think he supports bap ports lier he gioi vides for me fattier father keeps ke pa a meat market we dout dont live on n eat cut alone ann pays for what she eats fataei does docs nut not send provisions ions to t 0 the house for ann tie owns the djou boue e ebe div livis s in 0 ejected to by tile the defense as immaterial 1 the prosecution insisted that if the defendant contributed to the support of mrs leaker he recognized her as 1 his wife 1 the objection was overruled by the 1 court Witness Ato mr dicksen I 1 have a never call ann ana his wite wife have heard hearther her speak of a marriage in arriage but not in his presence lizzie R leaker tes testified titled I 1 am the defend defendants anto daugh daughter teri I 1 live with mother my youngest sister is about two years old I 1 know ann leaker I 1 often go into her house hous eshe she also comes to mothers saw her there yesterday she way may come in once a day she hc does not take meals there never saw her there that I 1 remember when father was home he generally comes home latt late from froin I 1 never saw him aim in anns house or going there mother sometimes goes there never heard lather speak ot of his marriage to anyous mrs elizabeth D leaker testified I 1 am married to the defendant and have lived with him during the past three years ann vas married to him belore before I 1 was she lives next door and of often len comes to see me I 1 never saw her there when the defendant was home I 1 visit anns hoase ho nse but never saw aw turn there they were never divorced she supports hersell heiselt ann was marri married led ten scars y art before I 1 wab waa we are on very friendly terms to mr young the roof 0 of my hoube is higher than that of anns anns her hoube is back 01 ol mine and to one side the they are close together a narrow passage the housed are not ty doors to ar air dickson I 1 have lived there live flye years tue tile houses were built at different limes we can walk between one roof is than the other oiher there is a separate roof over the passage mrs E D leaker recalled my hus aud 1 10 lo not talk ot of ann ADD they separated before the edmunds bill frank 11 dyer testified 1 I am V U S marshal Maib hal I 1 examined the me defendants houte house lais morning tile the house was to the jui my to mr young I 1 did not examine the house with a view to testifying I 1 leard heard a deputy asked relative to the position ol of the house and looked at it mrs charlotte testified I 1 know the defendant aa X him bina in the door of anns house talking to his ats never saw him mure more than twice never saw him talking to ann I 1 live in part pan or of ue tae house the prosecution rested their case the deleuse asked time to snow that tile the marshals statements in reference I 1 to the goubes wi wore re incorrect mr dickson stated that he woul not co cede that bat the Mar marshal lial was mistaken but would admit that it was not material in the case cabe tue court said it was not necessary essaiy for any delay as the fact was rial the case was submitted without argument toe pile defense requested the court to charge the jury that if allty found the defendant had not slept or ate lc ir the house of ann leaker or contributed in anyway any way to her support they should equit acquit and further that the simple jact of a man having two wives was not sufficient to convict unless association with both of them was shown the court refused the requests of the defense and charged the jury that if they found that the defendant had a lawful wife who lived in a house near by the law presumed cohabitation as to her if atae defendant de lived with wit h h his s polygamous wife even though he did not visit support or associate with the bezal wife the verdict should be guilty this charge ourse left no course for the jury except to convict and a verdict in accordance therewith was rendered sentence was fixed for october 6 at 10 a m |