| Show THE CRU crusaders bADERS NEW MOVE ebenzer Eben r woodford Wood lord charged with adultery with his wile wife HE BOB PROVES HIS INNOCENCE HELO HELD OX ON THE CHARGE of UNLAWFUL cohabitation yesterday afternoon ebenezer wood ford proprietor of the twelfth ward store was arrested on a charge of adol adultery tery made against him by byaw D W rench bench the complaint was drawn under a peculiar construction of the edmunds tucker law it is held by the government prosecutor that a plural wife is an unmarried woman woma D that is when a prosecution for adultery is on the tapis and that she is a married woman in making out a case of unlawful cohabitation the complaint faint in this case was worded as follows r ws daniel rench bench of salt lake city county of salt bait lake and territory oj 0 utah in behalf of the united states stales of america complains that ebenezer Ebene zei woodford ot of salt lake city county count pt of salt 8 alt lake aud territory of utah on the ath day dav of march in the year of our lord at salt lake city and aforesaid did commit the ibe crime of cf adultery with one floss smith and lie he then and there had carnal knowledge of the body ot of her the said floss smith and he aid taid t ebenezer woodford Wood tord being ahn and there a married man and then and there having ar lawful wife living other than the said floss smith and and he be said ebenezer woodford Wood tord and floss smith not baini then and thred lawfully married to each other against the peace und and dignity of A the united states bf f america and aad contrary to the lorm burm of the statute I 1 in each cases made and provid id d 31 the defendant was arraigned before commissioner mckay and pleaded not guilty he stated that he desired counsel in the case ca seand and it it was post posed until 9 30 abi am today to day at that hour attorney J H moyle appeared with tae defendant defend dut aut and the preliminary examination was proceeded with the first witness aled called ws was the defendants fend ants legal legai VI wife e mrs louisa woodford who testified ebenezar woodford is my in husband we were married in 1860 in philadelphia havi never been beeh divorced iknon afla smith she w was as married to defendant after I 1 married marbled him she lives at the twelfth twell th ward store has t efto 0 dgill ahll dren ten by the marriage he de antei entered ed ral iral marriage with alias years ago wp was pr present 0 peat at al the time during the past seyen seven years he has lived with her I 1 I 1 mr dickson asked aikeo that the defend ant be held to answer to the grand jury on OB this testimony mr moyle moy ie wanted to know on what ground as there was no evidence whatever of the defendants guilt mr dickson said there was abundant evidence it was shown that they had bad occupied apartments together and that was sufficient there was no need of f urther further proof if a married man were seen to go to a house of prostitution in the evening and to come away in the morning on one oc 00 7 casion that was sufficient to make on out t a case of adultery if it was therefore shown as it had been in this case that he had bad lived for a number of days in the same house bouse with his plural wile it was a still stronger case mr moyle asked tor for the diax dismissal issai of the defendant for the re reason isan that was no evidence thai any art act had been committed the commissioner said the section was inserted by a from massachusetts chu and was the same as the massachusetts law a long line of decisions bader the massachusetts statute held that such eXi evidence dence as this was sufficient and he be thought it good it had never been held that it was necessary essaiy to prove sexual intercourse the necessary evidence is substantially tue tae same as in unlawful cohabitation cases lie fie therefore would not discharge the defendant at thai stage of the proceedings mrs euphrosia Euph Euphro rosma sal smith 1 li fc Woodford was then called on behalf ol of the de bense and testified I 1 hive have been married to the defendant over 17 years since the abe ad of march last I 1 have not bust sustained the relation of wife tode to defendant fen dant since jan ut ast 1st he lias has been aee a very sick 1 I 1 X haap occupied the pea bed WI with th my fi attle atle boy there lias bas neen been no sexual intercourse the defendant has occupied a room by himself I 1 have been assisting inthe store mr woodard Woo dord has haa been sick dick since about christmas to mr dickson mr woodford had ad a fall about christmas and hurt his shoulder badly since then we have bave slept apart as lie he was very restless no physician has been attending him he 1 sot got some liniment from dr anderson adderson the only reason we ceased living together was because he emt his shoulder and had to occupy his bed alone for two months tie he die did not get up tili till noon heis he is getting better cowand now and helps wait on customers in n the diore si ore we nave have nat not renewed our relations he occupies the bedroom next to mine I 1 have not occupied his hia bed during this year nor he mine mr air dickson will you yon geear swear before your maker that you havck ha not witness yes sir I 1 will mr dickson you will swear what witness that we have abt occupied the same bed I 1 mr dickson just wait till I 1 get through my question will y yoa 0 ct witness yes sir mr dickson will you swear before your maker that you have not had bad ln in ter course with the defend defendant an during this month witness after a pause I 1 swear that that I 1 have not mr dickson during this month witness during this ibis mouth mr then why did you hesitate before giving your answer witness oh ob I 1 did not know thai you were quite ready for it mr Dick dackson sors do you tiou enow OW the sacredness ac redness of the oath oah you have taken witness I 1 do mr dickson dickmon do you believe in the existence xi stence of a gud god witness yes sir mr dickson do you in hi the presence of your god swear you have an flot it intercourse during darin s the present afe mouth month witness yes sir I 1 do I 1 to at M r moyle MO ie the reas reason we lived part was because he be wits was so restless the injury that 00 no one could occupy the same bed with him bila and get tiny rest 1 joseph woodford testified the defendant is my batner the last witness is my mother JT I live with moth r for the past months I 1 have al slept e in her bed every night 1 to mr dickson 1 I have slept ohve ever sinde since the first of tile the year yar I 1 remember K U because beca aae father wa was s niort then before then I 1 slept with ny mv brot brother ber 1 l am nearly 13 18 before ta hurt himself my luy brother dud aud I 1 slept J in the closet but there was noc bauch room the defense then rested 1 I ja mr dr moyle asked that the bekken defendant dant b be e discharged as there was positive tive evidence that he was innocent of the charge litin s the commissioner made mader tio re reply lyl i tut ja in a lew few minutes handed banded to air r moyle a complaint made b by at arthur ur pratt charging mr woodford with UNLAWFUL cohabitation with mrs louisa woodford andea smith woodford mr moyle movie replied that the defendant would enter a pies pica of pot not gouty to that charge and submit Ab me ease on oki th thebes etes already 10 y t talony ohp 0 0 r ihen ordered mr woodfard 16 1 16 6 staw strud up aad informed aim ail that he would be held to ao answer to the grand jury on the charge of unlawful and that his bis bonds would be bea at 2000 with that of the al af each As to td the complaint of adultery he was discharged on that mr mn woodford gave tho the required it amount of bail L outs I 1 hook and A Gebhard ti being sureties |
