| Show CASE THE BOC WC unfinished MC 1 KAY BREAKS OUT AGAIN the preliminary examination examina tio n in the c ise ine of the united states vs stephen E R marks did not take place yesterday j hoon z ha 8 was wa expected d owing to we ue inability bt 31 the deputies to find witnesses this morning the defend mt lut his wite wife and miss sudbury were present lt at ait commissioner mckayla office offlie the complaint worn sworn to ly by E A ireland is batea dated april and ad accuses the defendant of toying baving lived i with wita mrs olive hoagland Ho aland marks and aad malvini sudbury as his wives coal to the law the commissioner informed mr osic who appeared for the defense time were there was no prosecuting attorney t tithe i the city at pr pre beut ebent and suggested t MH a the case be set for 3 2 p m today to day I 1 it ir moyle wanted 10 p m tomorrow to morrow I 1 fixed but the commissioner finally concluded to conduct the whole proceed feedings ings himself one due of the witnesses fred sudbury 11 or 12 11 years of agenas not present miss sudbury in reply to the C commissioner OM stated that fred had said he be did not think he would come a ad an attachment was immediately iacued and riven given to a deputy to serve miss juliet sudbury was the first witness called she said I 1 hav B e known the defendant about 36 16 benr a he resides on centre street in th e r 1 7 aih th ward I 1 live in city creek cation Ca fioD i t 11 Is about a mile from defendants b bot OV se jpe he be has a wife and two children attlia tj oi of mrs marks la is here hi fi 11 kad t idest child Is a girl I 1 do not kit w how bow old she ahe is the other cb lid ild is ia also a uirl two or chice year s 0 id there are several children dead I 1 hi h we ive 1 known mrs marlis mar about IJ 15 rca fen rs re fred hazoury is ia ray my brother I 1 ib it lya lour imir sis xi biers teia ers lavius clara faraji i md t IQ d caromae Caro Clara bae hae lavins lives fives at home ac M do rhe others I 1 GO ao not know kiwy ot hy IX j ot f bag married A commissi commissioner oner have you ever heard that any of them were this question was objected to by the defense as calling for hearsay testimony the commis commissioner boner of course ruled in his own favor witness I 1 have heard that two of them lavina and Clara were married do not know who to neither eathem of them keep house I 1 have note not visited them axce except pt at home do not know that they are married to mr malks maiks he never told me I 1 alve not conversed with wita him about it nor with any one else my mother layes lives in the canon do not know of my sisters living in the or wards do not remember seeing them at mr air marks house except on one occa occasion bion at a pany arty this was about seven years ago 1 have bave been there since but bat did not see my sister there have not nice met lavica at any other place with tile defendant heard she was married about eight 3 ears ago I 1 think do not remember rei who told me or where never heard her husband referred to by name never heard that she was married to mr marks Commissi commissioner do you recollect positively that no name was men tiomi witness I 1 told you so commissioner well dont be c so co o pert about it we can do CIO without that witness resuming lavina lives at home I 1 saw her on monday afternoon I 1 do not know where she is now never heard beard the pame name of claras husband I 1 do not know who my brothers in law are and dont want to know mr bir moyle objected to the manner of questioning as unfair overruled Witness to commissioner my sis sister ter lavida Lavi nabas has not left home dui aug the past seven years she never kent house or boarded elsewhere in town mrs olive H R marks testified tied I 1 am the defendants wife the defense objected to the testimony on the ground that the legal wife could not be compelled to testify against her husband overruled witness to commissioner I 1 was married in salt lake city 16 years ago the ath of september live on centre street treet no 60 ward I 1 have two daughters one five years and we the other sixteen months old I 1 know lavina sudbury haye have known her 14 or 15 years she never lived at my house bouse I 1 do not koo know w that my husband is married to her may have heard so I 1 heard a rumor to 10 that effect I 1 do tiow how long since I 1 paid no particular attention to it I 1 dont know where I 1 heard it or fr from oba whom or when cheni 1 commissioner did yon yoa ever have any conversation wita your ji about it mr moyle your honor we object to the question ay as being r improper judge zane commissioner interrupting she may answer mr moyle judge zane ruled positively tuat that a wile wife could not be compelled to testify as to any confidential communication from her husband commissioner I 1 don dont are ive passed on it ii and when donware tAre as ass on a q question I 1 dont want any urther further argument gunie nt mr moyle I 1 w boum like to speak for my client I 1 would like to argue commissioner comm i youve docto sot to stop you cant argue a question after I 1 have passe passed d on it mr moyle I 1 presume I 1 have a right to argue it some of the rights of the defendant should selu be respected jades commissioner well I 1 don dont it want to hear any argument the examination of the witness then continued mrs marks aa said id sly husband never hever told me he be was married he never asked for or and I 1 never gave my consent to a ip marriage arriage I 1 did not con v erse with him abo about ut it commissioner why did you yaa hesitate when ahten I 1 ar asked ked you then witness I 1 did not hesitate I 1 was interrupted interrupt ed cornu missioner iss ioner gruffy you yoa look at me liu ha e you heard of his being married to lavina sudbury pitr ess oh ive heard oi of ins his being married marri id to a dozen the rumors soto so foolish olish that I 1 did dd not beliew them I 1 dwle heard the da names es of others beside lavina sudbury mentioned but xo do not remember them at present 1 J he commissioner then the examination continued until butil 4 pm r rj marking markin if the other witness fred does not copie come we w will ill lake anpher coutin continuance it ance 11 at the close mr moyle suggested that the commissioner bad not acted in a very dignified manner in interrupting him but mckay xe replied plied this thing has got to be stopped I 1 wont ha have e it and considerable more in the same strain |
