Show COURT proceedings the court convened wednesday september at 10 3 judge u dge blackburn on the bench the grand jury reported seven I 1 in u auder the laws of the united states silas smith and daniel thompson unlawful cohabitation had been acquitted and the bondsmen were ordered exonerated mahonri bishop plead not guilty to a charge of adultery the case of the united states vs wm H ashby unlawful cohabitation was called but mr ash ashby by failed to appear and his bonds were ordered forfeited thurman and king attorneys for mr ashby ash by stated that the gentleman was not present because the train from the was late his honor consented that the order of forfeiture of bonds should beset be set aside on condition that the defendant came into court on the arrival arriva lof of the train john powell was arraigned on a charge of a adultery lul tery he plead not guilty mahonri bishop plead guilty to a charge of unlawful cohabitation sentence was set for september 19 wm ff ashby came into court and the order of forfeiture of bonds was set aside he plead not guilty to the charge of unlawful cohabitation and a jury was mr evans prosecuted the case and thurman king appeared for the dhe defense charlotte ashby the first witness testified my name is charlotte badger ashby I 1 suppose dont consider that I 1 am a married lady was married to wm H ashby in 1876 in the endowment house in salt lake city have no children do not know where mr ashby lives he used to live at holden millard county he be had another wife her name was nancy maria ashby jhb sh was his first wife dont think he had any other wife at that time we all three lived together until 1881 1 I then moved to another house in the same town I 1 lived there about three years went to salt lake in the winter of 1882 staying I 1 ug there nearly a year went again in 1885 staying there nearly three years when I 1 went from salt lake I 1 went to holden where I 1 have been living for three years past I 1 live in my own house my husband furnishes roe me nothing I 1 have visited nancys nancy Is house once mr ashby was there I 1 went to ash ask him for am istance nee I 1 did not get it because he did not have it that is a the only time I 1 have been there for seven years he visited me iu in 1888 1883 he has not visited me since that time I 1 did not see him in salt lake I 1 have not seen him at holden except on the street he ceased living with me in 1883 at my request we could not agre he seemed willing to quit to mr thurman rave have not been on speaking terms with mr ashby for seven years have only spoken to him once in that time nancy maria ashby was called am the legal wife of mr ashby have never been divorced from him am willing to testify my husband has not lived with charlotte for seven years he has lived with me ali alle e badger am a niece to charlotte ashby have lived at home all my life have not seen charlotte at mr ashbys ashbes house nor him at her house for the last seven years nicholas paul live at holden am acquainted with wm ashby charlotte maria and nancy ashby it is commonly reported that charlotte ashby is mr ashbys ashbes second wife and that they are living together the jury were instructed to return a verdict of not guilty the court took recess the court convened at 10 thursday september martin olson daniel thompson james M stewart fc andrew ander son binand and neils H burrison were ar reigned oya OB charges of unlawful cohabitation the case against D thompson was dismissed and the other defendants would enter their plea this morning the grand jury reported nine indictments J P bennett entered a plea of guilty to a charge ot of adultery his sentence was set for today the case of the united states vs hyrum dewsnap Dew Dewa snip nip adultery was continued for the term at the request of the prosecuting attorney as one of the most material witnesses wis w is absent the case of the united states vs benson lewis unlawful cohabitation was called and abury im paneled D evans for the prosecution and thurman and king for the defense alice testified I 1 have aved at richfield rich field for twenty years married defendant about twelve years ago at st george he had a wife at the time I 1 have had one child which would have been eleven years old had it lived he provides a house for me but has not lived with me for four years he was there once or twice to bring provisions he has not stayed there over night for about three years his first wife lives in plute county Cou rily it to is over two years since he was at my house he ceased coming on ac cotrit of the edmunds edmund tucker law we talked the matter over and agreed to try to obey the law and we have done so so far raleigh jones was the next witness he said I 1 live in sevier county am acquainted with benson letishie Lew Lewis ishie his wite wife mary and alice have seen lebn him at richfield when b bis Is wife was living there in january 1888 he was then standing on the porch have seen him there a number of times the general repute was that mr lewis was there staying with his second wife who goes by the name of alice lewis I 1 to mr thurman I 1 have not been looking up this case particularly I 1 have heard beard three or four cople people speak about this matter mr lewis awls has property Richfield in Jn it to is said mrs biro M X L jones testified I 1 uvo live at richfield Bich field am acquainted with benson lewis mary lewis and alice she is called alice lewis sometimes some throes our lots join I 1 have seen mr le lewis wis there in the last two years he was around the house when I 1 saw him notice how longs long he be stayed there he had a wagon there supposed he had come in from the ranch it seem to me that he was living with her he just came around once in a while to mr thurman I 1 know it was two years ago when I 1 saw him I 1 know it was two years ago on account of my individual circumstances lois farnsworth said I 1 live at richfield I 1 know alice Swan egaD and benson lewis I 1 dont know where mr lewis lives I 1 suppose he lives in piute diute county I 1 saw him standing in the door yard of alice Swan egans house sometime in the fall two years ago he had horses abw and a wagon there I 1 saw him a year ago last may I 1 dont know where he stayed or slept I 1 saw the horses and wagon there for two or three days rudolph lewis I 1 live at rabbit valley the defendant is my father mary lewis is my not lived in richfield for ten years never debt to richfield rich field with my father hyrum noser I 1 live in babbit valley am acquainted with wilh mr lewis marylewis mary lewis and alice I 1 went with mr lewis to richfield about four years ago we boarded at alice alices s place the team was kept there to mr king we went there to move mr lewis fat father herand and mother I 1 believe it was five years ago now I 1 come to think alice was called by the prosecution trose cution I 1 dont remember mr lewis coming to my house two years ago and bringing his team and wagon he be sometimes stopped at other places I 1 dont know where I 1 have talked to mr lewis about this this case to mr thurman mr lewis has a brother in richfield sometimes he would stay there I 1 spoke to mr lewis about this case we agreed to live apart the prosecution rested the first witness for the defense was william G baker I 1 ha have v e resided at richfield about seventeen years resided six blocks from alice Swan egans residence it has been the repute in richfield eld that mr lewis and alice have not been living together as man main and aad wife for the past three or four years mr lewis has property in yearl rich richfield eld he comes to rich richfield field sometimes N sometimes he has stopped at my house cross examination by mr evans alice has remarked tome to me several times that they had ceased living together george bean I 1 reside at rich field am acquainted with alice and the defendant the general reputation in Rieb richfield field is that they do not live together as man and wife this reputation extends back four or five years about two years ago I 1 saw some horses at alice Swan egans house they were not lewiss horses this concluded the testimony for the defense and recess was taken until ti 2 september the jury re turned a verdict of n not ot g guilty u in the case against lewis arraigned on a charge of unlawful cohabitation mahonri bishop was sentenced to six months imprisonment and to pay costs of court on a charge of unlawful cohabitation martin olson plead not guilty to a charge of unlawful cohabitation an hew anderson plead guilty to a charge of unlawful cohabitation sentence was set for october 4 1890 james W stewart plead guilty to a charge of unlawful cohabitation and was sentenced to six months imprisonment and to pay costs of court neils H burrison BurrI plead guilty to a charge of unlawful cohabitation sentence was set for 2 nells neils H burrison plead not guilty to a charge of adultery james plead not guilty of unlawful cohabitation aaron hardy plead guilty to unlawful cohabitation sentence set for oct 4 john A powell plead guilty to a charge of adultery sentence wass was set for oct 4 1890 the case came of the united states vs W southwick south wick unlawful cob cohabitation abita was called and a jury emean aled J M zane prosecuted the case and thurman king appeared for the defense martha jane southwick testified 1 I live at lehi have lived there since I 1 was seven years old my husbands husband Is name is wm southwick he was living at lehi city at my house during the years 1885 1886 and 1887 am his lawful wife A levina southwick I 1 live at lehi am married to wm win southwick am his wife have lived at lehi i in HI n 1885 86 and in my own house the house was given to me by mr southwick some three or four years ago have four children my husband ceased living with me eight years ago this fall the house was very small he has never repudiated ted me as his wife he comes as a caller on the boys sometimes he be came occasionally during the year 1886 and 1887 his own boys came to my house a great deal and he comes there to call on them he be has eaten at my house once during ji the last eight years it was on thanksgiving day four years ago his wife and children were there I 1 have eaten at his cifes house several times I 1 called upon them occasionally during the years 1886 1886 and 1887 1817 he has partly supported me and M nay y family my house is half balf a block from the first cifes house there is a fence between the two houses bouses which has been there ever since I 1 can remember to mr thurman it is eight years since I 1 lived with my husband we w bad a mutual agreement to live apart the question of the law had nothing to do with our separation we e agreed to live apart m my y youn youngest child is nine years old since th 1 year 1882 my husband has not slept Z IT at my house he does not recognize Is me as one whis of his wives he speaks to fe me occasionally as to other neigh it bora 1 redirect re be direct it is long ago since f he be wok rook me to meeting he be has not taken me to parties for fifteen or s sixteen years he has not done any work around my house bouse since 1884 r rebecca southwick south wick said I 1 am 21 years of age live at lehi my r mothers name is martha southwick live at her house my father lives at her house savina south wick lives across the street about half a block I 1 go to her house once in a while she comes to our house when she is invited I 1 remember eating thanksgiving dinner at lavinas Sa vinas house four years ago to mr thurman some of the neighbors were there at the thanksgiving dinner my mother attends to my fathers wants he stays there all the time he eats and sleeps at my mothers house all the time when be is at home sarah ann gurney I 1 live at I 1 lehi know the two mrs south v wicks and mr southwick when I 1 I 1 see gee them I 1 have met mr southwick on the street have seen him 9 at his first wife cifes Is house but not at his bis second cifes house I 1 dont kaw whether he goes there or not t samauel southwick the son of mr southwick my mothers name is martha southwick I 1 know savina southwick she claims to be my r ta fathers second wife my father t came to my mothers house to stop an all the time in 1882 1 I know it was in 1882 because he spoke of obeying I 1 the law I 1 occasionally go goto to savina 1 south wicks house I 1 live in the r lot adjoining lavinas Sa vinas house I 1 hae never gover seen my father go in the bouser bouse to mr thurman I 1 have been away from home a great deal I 1 4 know that my father made a change t in his bis living in 1882 he spoke of it in the family wm E southwick I 1 live at lehi my mother is martha southwick I 1 was home some of the time during durin 1882 and 1883 in 1882 he agreed to come and stay with e mother have not seen my father in lavinas Sa vinas house ince 1885 mr zane stated that he did not f consider the evidence sufficient to I 1 convict and the jury were instruct ed by the court to return a verdict v of not guilty the case of the united states vs wm K lemon unlawful cohabits tion was called and a jury emean aled mr evans prosecuted and thur mana man A king appeared for the de fence sarah lemon testified I 1 live at glenwood glen wood sevier county I 1 am acquainted quain ted with wm K lemon he lives there I 1 am the legal wife in this case I 1 refuse to testify in this case mr king moved that the mony of this witness be stricken out but the motion was overruled and eme eption taken wm Zo 1 I live at glen wood know phoebe lemon she jam been living at glenwood with aber ber father I 1 do not dot know that she is the defendants legal wife it was the general report that she v as not his plural wife mr evans asked for the privilege of cross examining the witness as he had been taken by su surprise the court stated that be might ask leading questions objected to by the defense objection overruled 1 I have seen the defendant and phoebe going to meeting together the first wife was with them I 1 have seen phoebe at house she was working 9 there it was understood that she was lemons second wife to mr king at the time phoebe was working 9 at house mr lemon was away at work and sarah was sick dont know what repute means dont know what the opinion of the people of the town is in this matter court took a recess until 2 |