Show JOHN TRIAL MR DONSON PUZZLED AT THE JURORS POSITION A THIN CASK CASE the trial of john england ot of tooele thoele on the charge of unlawful cohabitation was held in the T third bird district court today to day when the proceedings were commenced it a mormon juror was called when the attorneys for the defense suggested that the even numbers could be admit tedas has been done in most of the cases tried but this thia rule which has been so acceptable to the district attorney in times past was promptly rejected by hi him in the cause of his somersault evidently having been the taking of the test oata aith by some of the cormons mormons Mor Mori mons yesterday he insisted iasi bag sted isted that all ail should answer as called and the follow following ln responded oliver hodgson wm win larabie richard howe JB H conklin W H H bowers H airam iram groesbeck chas sansone San soBo sowe john blac mackay kay louis hyams 0 bpettit H pettit wm win H attwood chattwood HAtt wood D DB B stover Stever mr dickson opened by askin asking mr Ro hodgson dison do you believe it rig right t t for a man to h have ave more than one living and aid wife at a time and to live in the practice of unlawful cocab r citation a mr hodgson yes sir air mr dickson looked at the juror in a puzzled way and inquired did you take the oath yesterday mr hodgson yes sir mr bickson then alien will you yon violate your oath or dont you intend to keep the law of god mr hodgson I 1 have not broken any law mr dickson 4 I 1 challenge the juror mr hodgson was excused and for a similar sica ilar reason howe sansome atwood groesbeck mackay and pettit foll followed oweA him the remaining live jurors were not questioned and the defense peremptorily excused two of them D B stover and W H H B leaving but three in the box the next called were mark spencer pencer james ashman louls louis martin 0 lecheminant robert kobert dye A J stanchfield eld spencer and lecheminant believed in plural marriage and were excused robert dye was asked whether he thought it right for a man to have more than one wife or to practice polygamy mr dye I took the oath yesterday ester dai i that I 1 help or sli sustain stain it and I 1 wont mr dickson that ahat is not the question do you believe it right mr dye not under the circumstances I 1 dont 0 The juror was accepted as were also Martin ashman and stanchfield wm K R whitehill was also called and sworn to try the case the regular panel being exhausted the court ordered that a 9 special venire issue tor for the following returnable in thirty minutes J 0 mathera Mat hert 1 34 JW Jenkins sen 1 arthur wild wm wm crowther ther 1 a W J mcintyre IS 18 J W Ash ashton tonj 1 4 J B walden J waters a 94 wm win A W carlson 14 hyrum hyram yeager 25 W R mesick the holf half hour bour expired but po jig re turn had been made by the marshal and recess was taken until p in taia afternoon J 0 mather L I 1 watters W E R mesick and john W jenkins I 1 sr were called and took the test 0 oath ath mr jenkins could not answer whether he believed it right for a man to practice plural marriage considered the law of god above the law of the land and would obey the former and take the consequences thought if god commanded plural marriage it be practiced he be would obey the law of god every time he did not understand the recent law because he hel ahad hadnot inot read it when lie he took the oath he understood der stood that he would not commit bigamy or unlawful cohabitation cr advise others to to do so did not think he could decide what he would do because he be had bad not considered it knew that polygamy was i a law of god but he would not violate the law of the land under the circumstances he would obey the law of the laud land because his belief was overpowered would obey the law of god when it was not in conflict with the law of the land to the court I 1 think it wro wrong g to practice plural marriage unda dundei the present circumstances to mr dickson I 1 am a member of the mormon church am ama a seventy have never been advised to take this oath nobody has talked to me about it the president of the church will not net command me to take another wife if he did I 1 should use my own judgment I 1 would not mot do it today to 91 day ay do not think I 1 would change my ml mind d I 1 think plural marriage right in the sight of go god if itt dont conflict with the law of the land the juror was challenged and excused mr waters state stated d that it would injure his business to be kept on the julf jury as he had no one to attend to it he 4 a was however retained for the case j was peremptorily ex cubed inked by the defense W 3 mcintyre and J B walden were called and as they poss possessed ossed all the necessary qualifications were sworn to try the case the indictment accused tha thi de defendant john england with havi having 16 from aw march a ach 1 1884 to feb 9 1 1887 lived with mrs england and priscilla bunn as his bis wives miss margaret sul england land was the first witness she bhe testified I 1 live in too ele city the def defendant endina is n ray father my mother lives in kopele there are eighth eight children in the fax family ally I 1 am not the eldest the youngest you agest is five months old we live about two blocks from the operative cooperative co store have known priscilla bunn about 10 years saw her last about two years ago in thoele tooele she was in the street she lived five or six blocks from mothers house in president house his father in law is andrew gowans priscilla bunn buna 4 aved ved in his bis house bouse she lived in mothers mother s house a few coatas about five years ago and had hero her own bedroom she had one child it was borne born in the house ahouse she was reputed to be fathers wife she bike moved f from rom mothers four or live five bears years ago and went to idaho she came back about three years ago as near as ao ichu I 1 can recollect she remained jess dess than a year and then went away she lived in mr gowans house I 1 there was a child born while she was in tooele thoele my father has never bebenin been in idaho i 1 was not in tooele thoele when she went tway sway did not see her at fathers house on her last visit I 1 only heard beard that she had bad another child she left over two years ago the last time I 1 do ewt know how old the youngest child is I 1 think it is about five years old I 1 dont know anything oz of her since i to mr shocks sheeks I 1 do not know that she has any anji but one child I 1 saw her on the street with an infant in her arms do not know whether it was hers or not huh hugh S gowans testified I 1 live in tooele thoele I 1 preside over the stake know where mr england lives am acquainted with some of his family know priscilla bunn rented mr england a house bouse in september or october 1883 priscilla bunn lived in th the a housa bouse about five months she then moved into a house belonging to my wife and lived there several months she then left permanently so far as I 1 know she was there between six months and a year I 1 cannot say exactly she moved in about march lot 1884 1 I do not recollect when she left I 1 do not know whether she had a child or not I 1 have seen her with an infant some time before she left J ohn john england paid the rent I 1 never saw him in priscilla bunns bunna home it was rumored that she was married to mr england I 1 never saw but one child to mr sheeks she had been living in idaho before she came to my house bouse L have understood her parents live there it was reported several years ago that she was the defendants wife I 1 do not know where she went to mrs catharine tharine Ua rogers te testified ed I 1 live in dodele tooele know priscilla bunn she lived ohwn when in tooele thoele across the street from mu me in mr gowans house did not know bhe had bad moved until two or three montus monies after she had gone she gave birth to ta p a child before amov ing I 1 do not know how long since have visited her house twice went to talk to her heard whether she was married or not 1 suppose she was was married to mr england I 1 mrs eliza skelton tb testified stifle I 1 live in priscilla bunn she he lived next door to me in mrs gowans house I 1 haved caved called at her home hemelt it is more than two years ago she had a child I 1 know the defendant I 1 have beard that she was his bis wife never saw but one child with her dp noti not know when she left or how long she stayed there she left three or tour years asso ago 1 think but cannot say I 1 have not seen her since I 1 have no definite recollection about it mrs lydia martin a non amor mormon u testified I live in know the ingland england family and priscilla bunn the latter is still a young woman I 1 i I 1 heard slie she was married five or six years ago to the defendant heard beard that she went to idaho did not see ner her come back think she is still away i know when she lived in the gowans houses I 1 called on her once in the last house she bad a child with her this was eastwo two or three years ago do not know when she left lefi do not remember being asked about it before the grand jury may have said it it was over a year ago saw her sev several raa tim esat my sisters mrs bates sue slie was visiting her her child was with her I 1 think it was in the fall never saw but one child I 1 do not know what year it was wag I 1 think it was in 1885 to mr sheeks I 1 do not know w whether hether it was 1884 or 1885 1886 mr varian ls Is the defendant reputed to be the father of her child objected to objection sustained mr vibian vaa tan did it bear a family name witness not that I 1 remember when I last saw it it was or elgh eight months eld homr to mr cheeks 1 do not kno know w what year I 1 saw the child whether 1885 or aak 1884 miss margaret england was recalled by the prosecution and testified my mother is fathers wife and he lives with b br ar the prosecution rested the case Aft after erthe the aramenta aru menta of counsel the court charged the jury who returned a verdict of guilty mr moyle asked for a suspension of sentence pending a motion for a new trial and the matter was laid over till 10 am tomorrow to morrow |