| Show NARKS MARKS vs SULLIVAN peculiar developments in the investigation vesti gation today shortly af after ter 8 yesterday afternoon the preliminary examination into the charge of assault against Cor constable stable john johnt T sullivan of eureka was resumed belore before commissioner norrell miss Ste luly whose direct testimony was published yesterday was cross examined by mr brown and said she did not know whether there was a telegraph office in eureka or not had bad known complainant but a short t time lm e having gone to work for her on the morning moraln gol of the trouble sullivan came alone to the house bouse the first time tim e I 1 think he be said eald he be had a judgment and wanted the house bouse he be read a pap erand ther thee gave it to her he did not strike her that I 1 know of when he be went away mrs marks locked the doors saw her with a couple of pistols in her hands bands she said it tie he broke the door down she would break something too at that time she was in the bedroom and he outside it was when she saw the men coming around the house bouse with guns that she nhe got out the pistols mrs marks was paralyzed and got into bed then it was that ithe ahe door was broken open by sullivan he had a gun in his bis band when he entered the bedroom they had bad hold of her arms and she was lying on her back when I 1 saw them dragging her across the street lean lacon who was sometimes called mr lee te testified stilled I 1 saw all of the defendants at or er around the premises on the day in question ree recollect afire act sullivan reading a paper to mrs marks she asked for time lime in which to telegraph her attorney mr sullivan asked me to remain in charge of the horse bouse and I 1 told him I 1 would I 1 remained there until sullivan returned with the men when mrs marks told him she would admit him but not the men whom whoa he had with him sullivan said he had bad deputized the men to assist asif fist in removing the furniture sullivan then battered the door in using an ab ax to do it with I 1 believe sullivan went into the bedroom and the woman screamed murder marder sullivan and douglas then pull pulled edher her from the bed I 1 did not see her after they got her out of the bouse four or five gaus were exhibited among the seven def defendants en dauts I 1 saw men tearing down toe the house bouse part of it was torn down one day and patt the next the for furniture alture was thrown out into the street and still remains there cross examined I 1 do sot not know whether atle house bouse was situated on the eureka hotel property or not jt t bome times takes as long loafs as a day to telegraph to provo and get an aa answer because there is no telegraph office nearer than silver five miles distant heard no one apply any vile names to mrs marks the next day a seizure of some goods was ma debut proceedings were stopped by vie ve payment of the money in all I 1 believe I 1 did not hear Sullivan read any pa paper er to her just ce watts said I 1 was called to mrs marks place early in the afternoon of the I 1 went there and aad found foaud her in the abe new house she told me slie she had bad sent lor for me for advice that a writ was about to be served and she wanted time it was a writ of restitution tita tit ution tiou and ordered the constable to collect the judgment and costs I 1 tasked askea sullivan to give her a little timeout time but he be said he could not do it saw several people with guns before the attack was made on tile the house she was being dragged along with her feet trailing when I 1 saw tier her they were taking her to the justices office a place about fifty yards ards distant I 1 should judge I 1 could coul not say who it t was that pulled the house bouse down I 1 did not c harge charge nay mr memory with their names mrs marks strutted struggled and resisted arrest kir rest calling loudly on the citizens for kielp I 1 did not see any more violence used than was as absolutely necessary to help her aloag I 1 did not tell them that the writ was worthless and the constable could have no authority under it john murtha te testified stifled 1 I saw mrs marks being taken along the street helped to carry her sullivan and douglass each had hold bold of one arm mrs marks was slightly trailing and bucking and kickin I 1 ing there were men enough around to carry her she was being carried face downwards with her toes dragging I 1 picket up her feet and helped to carry her I 1 never spoke to mrs marks fronk from that day to aliis mr varian you ask her tor for money did not you tell me that there was going to be a kick witness 1 I was not talking tor for myself I 1 did say it was a shame for people to be brought here as witnesses and left on the streets in order it 1 make money for you fellows the judge and the deputies I 1 was wt nt talking for john murtha sir other witnesses were examined but nothing new was elicited and the court adjourned till A 18 a m today leon lacon was recalled re called this morning and said he did not see the warrant of arrest until two or three days later on cross examination by mr brown witness said tie he never heard constable sullivan say he had a warrant for the arrest of mrs hirs marks and did not swear yesterday that he hild bad seen the paper at the time the house was broken into mr sullivan read a warrant on the or to mrs marks while she was at mrs shoals hotel sick it was not read to her on the at her own house through the window commissioner john E hills testified in the writ of restitution issued by mein me in the case of belle tompkins Ys VB annie marks I 1 gave no instructions to the officer about a ip on the tha I 1 telegraphed to eureka to mr sullivan and sent a letter to him to which I 1 received an answer two or three days later 1 I took the telegram to the office at provo fiovo it was waa to go over by mail to eureka from silver city where the telegraph office was the telegram was to delay action in mrs marks case till the following day the papers in the civil case before commissioner hills were presented ta in evidence the object of the prosecution being to show that the writ of restitution under which constable sullivan acted was not valid commissioner hills further test testified fled that the defendant mrs marks did not appear in obe obedience alence to tha summons mr varian asked mr hills whether the case had bad not beet set met lor for hearing on the instead of on the when the default was entered mr brown objected claiming that the officers protection was the writ and he was not the person to say whether it was wa void rold or not net unless it so appeared on the face the prosecution could coald not attack the defendant by showing that the writ was void because of proceedings in the court of which the defendant was ignorant this evoked considerable discussion mr varian declared that the commissioner had no jurisdiction of a case outside of his bis own county in civil matters in this instance the constable knew he be was not authorized to serve civil process issued from another county from that ur in which all the litigants resided getting rather warm mr varian exclaimed 1 I want to show all the details of this damnable conspiracy to injure the defence less woman on the part of this man and his comb companions anions the court said he be would sustain mr hw browns objection unless the prose culon could show that the matters asked tor for were within the knowledge know ladge of the defendants W 11 culmer te testified stifled I 1 gave mr sullivan no instructions regarding the serving of the writ my attorney obtained it from the commissioner do not know of any one telling mr sullivan to speed the service I 1 was agent for mrs tompkins and r hilm laia athe the property to ia dispute 1 have received no BO money from the judgment mrs Mra tompkins holds the property under a lease alease fromme from me my attorney was judge sutherland I 1 was in the courtroom court room when judgment was given david evans testified I 1 was actor tiey hey for mrs marks in the case ot of to tompkins kins vs marks 1 I went to corn com miss mi fouer hills on the having heard that judgment bad been bea taken against my client I 1 wrote a telegram to mr sullivan leaving it with mr r hills I 1 then came and notified judge sutherland and wrote a letter to mr sullivan judge sutherland te testified stifled I 1 never sent any communication to mr sullivan belati relative ve to this matter I 1 gave the writ of restitution to mrs tompkins saw mr evans on the evening of the mr evans further testified it usually takes the ehg mail less than a day to get to eureka the letter referred to was offered in evidence mr brown objected as it had not been received by the defendant before the alleged off offense was committed overruled the letter is as follows salt lake city doe dec 18 1887 john sullivan esq constable eureka pro precinct utah dear sir 1 went to provo today for the purpose of answering ehg complaint in the case cage of belle tompkins against anna marks previous to ving sums I 1 had bud been notified by aby r hills and wm win culmer that the case was set down for the lath dinst this word came to aie me by separate letters written by each un on arriving at prevo I 1 was informed to my utter astonishment ish ment that on oh yesterday a default and judgment had been taken and that an ex elution had been placed in your hands to execute at once learning learning lA arning t his this tact fact commissioner hills andi and I 1 jamed in a telegram to you yon to refrain from serving the sam until further notice 1 I of course do not blame you nor the commissioner for anything you have done as I 1 am entirely satisfied that neither of you were parties to this sharp and unjustifiable practice wm win culmer is the only one I 1 censure in the matter it becomes in my 1 duty duly however to warn you vou that I 1 shall h hold av 1 you r ic responsible it if you vou undertake to e execute acut t that h t writ and whatever you do u under er i it will be at your peril I 1 give ion you this notice not that I 1 am blaming you but from the tact fac t that I 1 am sure you will not do anything after understanding the trick that hus has been perpetrated on me tomorrow a motion will be made to set wide abide the default and judgment and the proper appearance will ue be entered in the case and I 1 shall be ready for trial to morrow the lath dec 1887 is is the day set fur for the trial and I 1 do not intend to be imposed upon by having snap judgment taken ns it was yesterday the dec 1887 I 1 write you yola this so that you ou may know the file facts I 1 will not submit to lo that judgment nor willI will I 1 submit to the execution of a fraudulent writ based on an illegal and void judgment yours very truly D EVANS P S I 1 shall be busy at ogden a all this week but shall beat be at provo after that time I 1 hope you wib wi 1 move in this matter witia caution and on proper legal advice so that you way may avoid trouble D E mrs marks said she had lived in the house bouse aboud a week before the lath it was finished alter the suit commenced at this point an adjournment wa was taken to this afternoon the evidence for the tae prosecution will probably occupy all the time till adjournment this evening |
