| Show IMPORTANT RULING BY JUDGE BLACKBURN A most important case came up before judge blackburn tuesday and that the decision was a surprise feebly eap exp expresses it the ewe case was that ot the united states vs andrew callaghan charged with adultery and when judge blackburn ordered his bis acquittal many were the adverse opinions expressed the defendant was arral arraigned gued and defended by J W white prosecuting attorney evans representing the government the following jury was em paneled edward sewell john W allen alien B L bybee B A bybee aaron dewitt mark fletcher george stetson andrew rose thomas fryer charles mo cornie thomas frazier frahler and B C walton the following witnesses were examined for the prosecution from whom the facts in the case were obtained clinton bronson ella man full thuie and D tract tracy y six years ago the defendant who is not a mormon took up his abode in a one roomed cabin or shanty situated at george creek box elder county counte shortly after his demov il there tie he was joined by a woman named ella ell a manful a and nd four gra small all children whose husband and father had recently died previous to this callaghan had bad married a lady said mid to be very respectable and of an extraordinary tra good disposition now living near the idaho une line and deliberately libera tely abandoned her thus throwing her upon her personal resources for a livelihood the manfull woman and her little flock took up a residence in the callaghan house aud and there continued to reside until very recently the defendant also lived in the same room as aa the woman it will be remembered that there was but one apartment in the cabin and slept upon a bed near that of mrs manfull except that the one occupied by C Call allag agban hRu was usually found on the floor the man an woman usually retired together and witnesses testified to seeing them in bed in the room but on separate couches this interesting state of affaire continued the same as before narrated until two years ago when a board partition was put up in the house and one room used as a kitchen and living room while the other was used for sleeping purposes about this time a ayoung man by the name of clinton bronson went to live with the family and help around the place this youth was placed upon the witness stand and stated that he always slept in the kitchen but had bad frequently seen the defendant and the woman KO go to bed together but he had never seen them in the same bed they were living together ao ab man and wife the woman was put upon the stand and in response to the prosecuting attorney Is questions said that she had been living at Callag hans house for about six years as his housekeeper she admitted that they had haa always slept in the same room and acted on all occasions as arn and wife but hesitatingly ta tingly denied ever having sustained us any unlawful relations with the defendant when before the grand jury that body was not long in indicting inducting indic ting the defendant of the crime charged after taking the above testimony the prosecution rested and attorney evans turned to speak to some brother lawyer As aa he be did so BO attorney white arose and moved that the judge instruct the jury to bring in a verdict of not guilty judge B blackburn ceburn remarked that he did boc ot consider the evidence sufficient to hold the defendant no proof had been brought forward to prove that any improper relations had been indulged in between the two it was waa true that they had slept in the same room but not in the same bed and the woman denied the law of chastity had been broken this little speech brought mr evans to his feet your honor although after what the court has said it is not to be expected that the jury will do other than bring in a verdict of not guilty still I 1 want to put in III my most vigorous protest to such proceedings ce here is a man who has been living in the same room with a woman not hit his wife for the period af six years and then because the latter denies any ampro improper r eions having ever taken place between the two your honor sees fit to instruct the jury J ury for an acquittal acquit tul in my practice before the grand jury I 1 have seen prostitutes who have openly plied their trade for years solemnly swear with uplifted hands that they were as pure as babes and never had had any unlawful inter coune with men because one of the guilty parties denies dellies the charge lei is that any aay reason why the case should be taken from the jury they have heard the evidence suppose for instance the defendant was a mormon how soon he would be convicted of the charge hundreds nay thousands I 1 might say have been given the full penalty of the law for as little as having havin been seen to go into the house of the alleged plural wife the jury and court were allowed to presume upon the guiltiness of the party and yet the court intends to acquit this man whom the evidence makes plain has abandoned his lawful wife aud and been living with it can be called cohabitation nt at least a woman if this is the way all such discs comes are to be treated any man may leave his wife and family to take care of themselves and live with prostitutes in open violation of the law and common decency because a man is in not a mormon is no reason why he should be dealt with less severity than any other the laws were made for all men and should be impartially dealt out 4 attorney evans brought up a large number of cases to prove his position and the speech contained much good matter and many strong aln points 0 the r e judge still persisted in holding to his former decision and the verdict of not guilty was was rendered se ao cordingly several of the jurors were ap prone hed by the be reporter porter and each one stated that they considered the evidence very conclusive and would have convicted without the slightest hesitation ogden gotten standard 9 |
