| Show A FEMALE polygamist A woman deserted by her husband four years ago marries again FAILS TO PROCURE A DIVORCE FROM THE FORMER HUSBAND last night a strange case the first of its class in prosecutions in utah was developed it was the arrest ot mrs polly gaines or mrs polly bohy graham on the charge of bigamy section lof 1 of the edmunds law approved march provides ever every 7 person who has a husband or wife living who in ih a territory or other alace place over which the united states have aye exclusive jurisdiction hereafter marries another whether married or sin single gle all OF is guilty of polygamy and snail shall be punished by a fine ot of not more than i ave hundred dollars and by imprisonment lor for a term colnot of not more than live five yei years ars but bat this section shall not extend to any person by reason ot of an aay y former marriage whose husband or wife by auch marriage shall have been absent lor for five aye once successive essaye years etc under this section of the statute complaint was mado made and the warrant issued the prosecuting witness is in a former wife of john D graham of union precinct salt bait lake county she obtained a divorce from her husband several months age and learning the circumstances of his marriage to mrs biro polly gaines on january I 1 last instituted the present proceedings mrs gaines dabato ghaham A was taken to the penitentiary last eye evening ning and was as afforded accommodations in the wardens residence she was brou brought ht in before commissioner Commiss loBer mckay this Is morning and pleaded not guilty gouty to SU the charge HB HR Watrous appeared as he her counsel bounsel the first witness called for the prosecution was W C burgon lastice justice at the peace he testified that en Ja jan n 17 1887 he performed a marriage ceremony between john D graham and monr the defendant afen dant mrs polly gaines martha proctor and hyrum groham graham testified Aed that they were present and witnessed the marriage on the daw date named mrs augusta walker was the ne next at witness and teo testified tided 1 I knew franklin gaines I 1 am defendants sister was living in 14 moal moab emery county when my sister polly was married to mr games gaines la Is iwa 1882 there was one child b by the marriage defendant left moa moab and went to payson two years ago hacklin I 1 was at moab a year ago franklin gaines was not nog there then he left a little while mier alter he be married my sister last heard of him about a month ailer wara ne he has no relatives there he be lived at moab we went there a year before the ar claa gaines lived on my brothers place he be came from arkansas coasty clerk cutler was called and produced application of the defendant lor a divorce from her former husband it was filed november SO 20 1886 and fixed the first marriage on august 20 1882 this closed the testimony and athe althe court took the case under advisement tiu till 2 p in mi at which hour hoar the defendant wax was had held to await tile the action of th the grand jury ball bail being fixed at 1000 the stor odthe of the defense in brief I 1 is hes that mrs mra gaines was des deserted by her husband in march 1883 and she was left destitute with her infant child she had bad an opportunity to marry a aad L d consulted an attorney who advised hr her to get fret a divorce which she started to do 0 in january she ahe applied to another attorney who told her that as she had no home and was not in good circumstances she might as wen get married and assured her that there was no law punishing such sach an action but the result shows that hat the last named attorney who has since gone to portland oregon was mistaken |
