| Show THE BURT examination commissioner worrell norrell holds the case on lR record ecord I 1 it was quite late inte thursday afternoon when the preliminary examination into the change of unlawful cohabitation aadot policeman alex burt was bl baun gun lajoie the mr zale appear appeared cd as prosecutor and mr lUc hards acted as counsel for the do dc fease abe first witness called by the pr prosecution Os ec ution was mr agues agnes hurt burt she ahe refuted to tio te testily tjay in the case on tile she was as the defendants ants bezal wife and was excused tx cubid I 1 deputy sheriff and andiew rew D burt was tile the beek auwers w call called d lie he test iaea I 1 am a son cf f tlc il alc e I 1 have noLi nut lived tvEd with my parents lor two years sears end F ld a half mrs Agnes Burt is is my iny mother when I 1 lived with them I 1 hev lived in hi the ward I 1 have th ee halt hall bi others younger than I 1 am thi th 3 I 1 la vini hevenor or eigin eight leuia old 1 till tell ou kilerl v ibey hey live now alen I 1 lat knew of vim atit acy y I 1 livid livi bcd d at ai third west corner of jt biath pali south hamet wis I 1 lacave jave apa n hr her h r tw her eld children larea biar bear the ibe arime of bun bart I 1 h know of no younger of hers that tiny I 1 saw h her r jum IUM t ti months ago age ut at her housa hous oo 00 not h low tuai wy my bather ever lived at her libutt favl fetn en mal him tale in n tile day ti time we uc five or six yeal baia 0 ago aunt kilo know w nik ithai itH ti 01 it is m my libels is wife I 1 might give a duesi guess ha hah lived jived witti mother toi for th the I luat ast eight months month before tuen lie ile was i may javy ll 11 en liere two years le ent un a in ision i i helped to 10 harriet and ller her family absence have bevc been latner in bet lauoe be came bocea bad lived six stars tard ago tan his bib father tl tutu tut u 11 tul tie lie ner slept theia as ab he WS at the court house I 1 luitink lather formerly hur har 1 hauae as one ui his homes know knew ot ll arrit aud arld her tn are they alett before father cabic dack alq aau I 1 bave not seen been them on oa cross egami examination nation witness said lu had liever ei etu his bather fat liari hari lets leia lluis W bid return frow ills his fl alsi st tu lu europe in 1882 miss agnes J burt that she wab aa we cl aughter ot of the delea daut and bis bie vietri ite ague ahe haj had been away irom honi home most of the time nine lor two iwo years had bad not spelt any ot of that tha time iline at hamitt is bhe had ait 1 cheru clarriet lived since blie bhe left jeff the biath ward avaid aad laver been taught that there v vay as ary any relation heiselt a ald 1 I flurrie fl ameis tS cuil dreu it must be three years yeara since law las saw harriet nian acini know that ahe t ne ever saw her at her v house they t never called litt hei anything but hilton and her children N v ere eie cal called led union too noi ciol burt james llilian that he was 11 arriet lill toWs brother broduer brot bro oer he had bad nut not L iiii tier her since aiace sue belt the bilth wara WO hai law aw her hei on tile the AA blout a yeal UV aha her little lio bo im aw uever never llis bis relatively relative Ls aid aoe not know kaow wb chetner etner abe bbc was wai married or not sup dosed she wa 8 hiie je mat alave ilave a bamily ot of children and hz he could nt swear she bhe was married aars annie E gilchrist a lady who bad baa been by iliin deputies udder tile impression that she was harriet union hilton was edilee out but as ale knew lUg of the di or his family she wab cieu ed john y smith that he knew liar hari riet let 11 hill il i 0 on n twelve 3 ea r ago iu in tue twenties waid later in the seventh and sixth wards warda last saw her i about a 1 3 ear avo ano tied had been at ij ur r house witt wit i dependant delen dant but not five or six years au ago bad net seen been nim mm there tor for three or 01 tour four years at me uie taue mr belt ou on hia ight inis bion he asked witness to see bee hat harriet did liot went be bad card him buy bince ile he got cot back the khz last time that flur hanief riet and ami her hei chil cuen wre all well tais had bad been in answer to question as to bow they were he nad w bot asked nor bud bad he been auld where harriet was tao thought he saw baw her boy junius jumus at a di jitt kaoi e tile the other oiher niec mr Zine aid said tie do had one more wit bess uess mia V m hilion vi who ho could riot not calve nil 1111 mordia au all avas han haa till au a lu in tola toda to la da mr burt buit iviah liolu builds for ills hia appear ance this thib mornine mor morn nina inz after considerable dejay iti in searching a that tailed failed to mater Mize the t examination lamination was wai resumed ad a id mra william milton cahty d testA I 1 reside in the li ward know harriet hilton leave been acquainted with wilh her fourteen bears 5 ears kaie is luy IDY husbands nus bands s sister lile L ile livid in tle seventh waid about twelve tielve deais ago she afterwards mowd bowd to 10 ane irth ward I 1 livid in fed in the thee ame house bouse with her about oue year that vi wa as eleven stars 3 tars ago aai lay iny hubband and I 1 lived in pait of the house I 1 Ia dave aveen sven alex aks burt buit there several caesy clarriet lad une one child then it A ab an infant when I 1 went then neit I 1 think thin mr burt called once ja i two ur or turee days davs do not krilow of his staying any length of cimei time I 1 I 1 remember him taking meals therk tinak think lie he owned the hoile left tae house ten tea years ag ago 0 O I 1 have seen mrs agns burl do bot biot remember MM iti it i i ng ing harriet in the ibe past seven biars flu du not know where here else she bhe lidd li ud I 1 1 r w I 1 have bave not no t been at tied her hunst years sears did not sea 2 mr u t or day children ther then have nat seen mr burt for years until today harriet is reputed to be bis wife cross examined by mr Rie richardd hards it hiis is eleven years since I 1 lived in harriets house bouse I 1 have not seen mr bait in lit latr r company since then williat william hilton testified 1 I reside in the Ele eleventh tenth ward have a sister named harriet she came to salt lake about 14 years ago she is older than I 1 arnI am I 1 lived with my parents until 12 or 13 aars ago hav hal iet also lived there I 1 left before she t be did she is reputed to be married to mr burt this has been the repute for several years her eldest child junius is 10 or 11 years old I 1 have not seen harriet lor for over 3 ears 1 I met mother her on en the street she was 11 livine vin 1 in the sixth ward at that time 1 called at her house bouse about a year ag agu 0 1 but no one was there our family d dont on 1 t visit much I 1 dont know when M mr r burt came back from hit bib mission I 1 aniuk harriet has three children chil dien do nut know where he is now have not heard beard mr burt speak of her since his return have seen him at her house bouse ten or eleven years ago that was when I 1 was married doriot do not know when he was married never heird him speak of the inai mairi aare have not seen them together for ten years have seen ver little ot of either of them it is so ion lonel s aice I 1 saw Barri harriets barriens ets children that I 1 do not behee I 1 would know them george I 1 live in the Fir stWard first ward have known the defendant 36 U or 17 years I 1 think am acquainted quain ted with his family have a sister harriet do not know where she lives she was in the sixth ward about two years L ago go when I 1 saw her list last mr burt was in scotland ther thee and I 1 went to see ee how she was I 1 was waa there once proba probably a atar before I 1 dont know that she is illar married ried we are a curious family and seldom visit each other I 1 believe she bhe is married never he heard ard her say she was never heard beard mr burt peak of it but used to see him at her house about ten years ago have not seen ibea together tince I 1 ihen hen thais all said mr zane wearily the next witness is mrs butterworth the lady was not present I 1 aud and deputy Fran kawas called he testified 1 I know the defendant delen dant by eight I 1 understand he has been away f from rom S sal lake I 1 lattisaw last saw him until a about b out a month bouth ago on the of november his son andrew was there having baving been relea released sec 1 froma six day days a imprisonment for assaulting deputy colli Col collias liBs as that is the first and only time I 1 saw dul before 1887 mrs alice butterworth testified I 1 live in the sixth ward next door to tie fie defendants know his wife atnes und most of her children live within a few rods of her home do not know harriet hilton or harriet burt have seen a lady called by that name she was pointed out to me on en the street this was four or five years ago that is ia the only lime I 1 ever saw her know nothing of her relations with mr burt bart never heard him speak of heror her or heard her spoken of as his wife have heard the rumor that she was his wife that is the general un der landing cross examined NL never ver heard any of his family say sav harriet was mr air burts wife have heard it intimated mrs margaret W johnson testified ilive hive in the fifteenth ward am slightly acquainted acquainted with mr air burt his chai laughter glicr has as worked at my house bouse t have seen harriet hilton it was five or six years ago at my sisters mr burt bort was not there do not know where harriet lived at any time I 1 once saw paw her pass my house in mr burts bercs company saw them only 0 once n ce it was wa a very long time ago mr zane asked that the defendant ba bahe hela lct he considered that it vas elcar alt ar that both of the womer were his wives aud and that up to the present tie he supported both of the families lie he had called harriet and her children part of his family or at least gave his son soa andrew that understanding defendant also told one witness that harriet and her children were well this was 6 t 3 show that he be recognized her as his wife mr zane thought it ample tor for the commissioner to hold the defendant because he held field a woman out to i he world as his wife mr richards said he never before heard it conten contended aed that when a woman who was we plural wife of a defendant was supported by him it was sufficient to constitute cohabitation in his strongest opinion chief justice zane had said the parties must live and they must be together I 1 such a condition iad not been shown here theae was a total absence of proof that the ibe parties bad been together within the past lour four years corn nori non ell said that there was no question in his bis mind that harriet hillon was mr air burts burls wife the court considered that this fact with the testimony that the defendant supported harriets family was waa sufficient ground on which to hold the accused who e bonds binda were placed at 1500 alot aloi z and wm N williams became sureties the action of the commissioner who has bas heretofore been very fair and has required something tangible on kiich to base his decisions was a su surprise oprise and elicited eto cited considerable un f av orabe comment the idea set turtle bortl I 1 that because a man L supports his plural wife aud her chi children Aren even he is never known to be in tier her coin company pany he be is haole to be thrown i nto into p i ison does not strike a reasonable man with any lavor favor |
