Show W T EUREKA SPREE commissioner worrell norrell getting at the facts in the case the deputy deluty marshals who went to eureka yesterday to serve the war ants ts issued on the complaint made by rs annie marks whose account was folded t ailed in the yesterday re arned on the utah central last evening 26 accompanied by seven prisoners and a host ot of witnesses from that place the men in custody were constable john T sullivan ol of eureka precinct james do douglass U joseph fer alson G gas us house wm lynett and fi marry tompkins the eighth person named in the complaint gil johnson was not found the defendants were taken before commissioner norrell wit evening and their bonds placed at each this thorning they were arraigned on the charge of making an assault with tado bodily harm rm made upon mrs annie marks with guns at lure 0 december 19 all olt of the NA a rt at 44 e apt guilty C SVa S r sure represented resented the prose oame jr ow appeared TOT idtse vw t in the opening of the case mr moved that the charge be dis sawed bathe on the ground that the commis woner had bad no jurisdiction over offenses committed euclide emmid of the judicial dis c ct where tits his office was held toe the I 1 motion 0 pa was As overruled N co annie marks was the first witness she tee testified 11 1144 1 I lived ll kai eureka W V ma mareb kb keep a tore store there them i our oar residence adjoins the aback of theotore tore on the of december about 11 a in m constable sul but 2916 ny house and said he had judgment t a against 1 me for 25 and casts read a paper to me he aed meef me it 1 had lost a case in provo I 1 did not know it he said my 8 to go by default bal sullivan told me he also had judgment for house ouse I 1 tasked asked him to go 0 and ar air marks hebold he to id me I 1 did not nave 6 to t bf sae see the paper tor for the house as aa it was none of my business I 1 ier wu ten minutes mi gutes time and he e d wallow me any time he be also threatened to arrest anyone any one who took too if message coir f of me he be ref refused used to ac yany p any bonds aua and left he came accia ackia in about three minutes with a me mob ni of col camp mea I 1 asked sullivan to send them away but he would not he had two SWO shotguns he be burst in the back with an ax and grabbed me boug buglass ou glass ar snapped his gun at me but it id HOT al go 0 off they then dragged me feoff ox the e others were werd armed and jointed their shotguns at me tomp ina also chopped vart part of my fence adow down sullivan and douglass dragg dragged ed ane aam douglass kicked eked me in tarde and in abe the back they took me to jpe dana and he ordered them to take me to jail the mob rhea beo tore my house bouse down and carried the tha things thing me apayer belore b for 4 lt trouble rouble commenced and charged 76 debt for it it was wasa a copy of toe the the q document op pt was offered in u evi lence mra Mr marks continued the men s sur ur roAl ded the house all of ef the defendants fend 6 ants 4 were cyfer there they called me deames and pome some of them shouted I 1 tie the treatment I 1 got vade made ae awl aqda was badly brai bruised sed 11 WAS araia they would lynch me sai alvan A first grabbed we me by the hair when douglass dragged me out of bed the doctor offered me medicine but bit I 1 was afraid it was poison and would not take it 1 said I 1 wanted to go out of town and he said I 1 bould not live through the journey I 1 lay there very sick for a week and wa was 8 then brought to this city a portion of my pody body was I 1 as dragged on the ground cross examined by mr brown I 1 kaew knew sullivan was constable knew of the case in the commissioners court at provo sullivan read the aver tome or at least a part of it le e never showed me the original I 1 judgment pait that I 1 knew of he told me he anted ranted possession of the house he sali said he would not wait till I 1 atele tele 9 graphed phe toniy to my lawyer ibold I 1 told him hira that it my y la lawyer yer advised me to vacate the pr premises e loss I 1 would do so BO when the naeda came caine to t the house bouse I 1 laid on the bed as I 1 was so se excited that awas sick k I 1 did not have two pistols out was there the two pistols were under my pillow I 1 kee keep tat tham agre there for protection I 1 did antt nt have ve them in my hands while u cullivan was there he did di not t touch itch me or exhibit anaw any weapons esthe the first time he came when ft on the arst occasion lie he said he would be back in a few minutes he left a young man in charge wale us he was away away he was gone about abou ahn five ave Injo utes 1 I locked the doors when I 1 saw k aim returning with armed com pa the young man in charge did not it I 1 tell T file pe I 1 had no right to lock the deborg do csullivan VS did not draw any weapons 0 on had i a shotgun when he cam to my bedside after he chopped the be door boor down he pointed the g gun u at me then laid it down labed and W grabbed me by the hair then he ibi tool told held of me by the arm and made some nasty remarks he did not celime tell me ba had a warrant and I 1 thought they were going to lynch me they hey dragged me along I 1 could not walk they never gave we me a chance there were seven or eight guns pointed at roe me and three at mr marks I 1 was not tried at justice danas danals I 1 was not fined there nor required to give bonds lydia testified I 1 was in mrs marks house at the time of this occurrence I 1 saw theder the defendants there heard the conversation when constable sullivan first came there it was as stated by mrs marks sullivan left mr lee in charge of the house he be told mrs marks he would not give her two minutes time when she asked it when sullivan came back he be demanded admittance she said she would open the door for him but not for the others he said the men were with him and if she did not open the door he would break it in he went to tompkins house and returned with tw two guns s he then broke the door in diax with an ax and I 1 hid in the cellar I 1 saw aw sullivan and douglass come in armed I 1 heard a noise after this bat did not see anything mrs marks was screaming after she was dragged away I 1 came out of the celiar cellar mr hanson hansen pointed a gun gua at me but said they would not hurt me I 1 could not get out of the door and went through a hack back window saw sullivan and douglass dragging mrs marks dr lorin away hall hall testified stifled te I 1 attended mrs marks on monday last she was brai bruised sed and gave symptoms of being very sore there was no evidence of her feigning suffering she was in a very excitable state and ahad I 1 had to give her soporifics sopo rifles to enable her to obtain sleep miss was was called and said the furniture was taken out and the building torn down the f furniture arul ture was thrown into the street some of the valuables were taken to mrs tompkins I 1 was greal greaby ay frightened when the men came and so se was mrs marks at this point a recess was taku taken till 8 pm m today I 1 we the case will probably prove rove a long one and aad the proceedings yn in commis stoner hills court at prove will be brought in to this end an boffl officer was sent to provo today to subpoena mr hills and was instructed to bring all the papers in the civil case in connection with the same affair constable Sulli sullivan vati was also placed un der arrest on tie tae charge chang e of extortion it is alleged that oaDe on december ember the date ot the other occurrence he unlawfully extorted from mrs aunte aunie marks the sums of 45 and 75 cents as costs and fees and 25 damages damage when no costea costs damages or lees we were re due or collectible the invests gati gatlon A this charge will follow the one THE OTHER SIDE BIDE the account of the defense in the case differs materially from mrs marks story it is in br brief cef as follows on the day named constable sullivan presented an aa execution to mrs marks the document having been issued by commis lioner hills and requiring her to pay 25 damages and costs of adult a fluit made against herby her by mrs As tompkins Tompkin sand and to surrender and vacate a piece of land which both had claimed this piece of ground is the on which mrs marks recently put up a new frame property house ouse and which was held to he be the property of the other parties in pursuance of this order ot of the con court mr sullivan went to carry out the decree deepree mrs marks asked for some time to consider what course she would pursue anti anid 19 was allowed Allowe ct ten minutes she told the constable however that she would not vacate the premises he anticipated some trouble but nothing serious and left an employed of mrs marks mr lee in temporary charge of the place mr sullivan went back in about an hour and found the doors locked he then learned thi that mrs marks had fastened the house against mr lees protest a couple of loaded revolvers being the arguments which brought her success he also learned that sue she proposed to fight and that it would he be exceedingly cee dangerous for one man to approach the place unless he desired to go to his death the constable thereupon selected a posse and surrounded the place he could not gain admittance and broke in the door prior to this however he had obtained a warrant for the arrest of ef mra marks when he got insi inside debe he found her on the bed in a towering passion and arrested her she refused to go an and d he took hold of bf her directing in mr douglass to arm she resisted refused to walk set her feet against every obstruction aud and by her struggling compelled the officers to drag her inthis style a short distance when they obtained further assistant assistance and carried her bodily to justice danas when she made such further exhibition of a violent temper that the justian justi ae to keep her quiet threatened to nave ibave her jail which of the two versi versions dds of the affair is correct will be determined when the commissioner has beard all of the evidence |