Show from the of october FOR A solid man jirld to anait lie action of he cratil jury A ai irn employed in the county rf cordara cor dars office was yesterday arrested by deputy butcher on the charge of for alleged 0 o have been io thia city on the of september 0 thia year lie taken balers cibas and ideates on a bond of 1600 to fr f r preliminary examination at 3 p in at the time stated ho ap kfare t aid as a result of the examina ti n lie was bound over to await the action ol 01 the grand jury on the eime bond furnished by II 11 maden ii II 11 peery jr and wm binford llie particulars which led to bis arrest and the proceedings ot the cx are as follows birdie both bo th is a young lady 17 years of ago daughter of J W booth cf this city who haa been employed at the western telegraph office in thia C ty some time she is well known in thia city laving lived here for yaw on eight abe waa at her work fico and tot off about 1 in the morning it is understood that mr had provided for her escort home whenever wh never she finish her work when the escort at the office le learned that she bad left the parents nothing of the young lady and aliey becoming alarmed went out in ton to see if he had left her work they found that bhe bad left abacut the time stated but nothing could be learned of her whereabouts having acen her in the company of the defendant some time be tore aliey went to bis room ta see if be knew anything about her he was not at home this wag about 4 in the morning at once eu pecking that was wrong they went to alie police station and entered a complaint against him on the of and seduction A few minutes liter mr washburn wagar rested oa alie street in a carriage returning it waa thought to bia room lie was taken to the jail and there spent the reminder of the night in the morning there was no one to to the complaint the not appearing against lam and be was released As the whole thing appeared to be without any foundation nothing was sad in the morning papers of the affair the girl had to alie house about the time that the complaint was made at the station later in the day mr booth the oung father swore out a complaint before commissioner cross charging mr wa liburn with fornication no officer could be found that evening to serve a warrant and the matter lay in abeyance until yesterday morning when it was given to deputy butcher to serve lie found mr on alio street and served the warrant of when the defendant appeared for examination in the afternoon be had edgag d mr L II 11 rogers to defend him while mr kalapp appeared for the people ahe complaint was read and the witness miss booth ws sworn bho testified hat bhe was 17 years of age that she knew the defendant and biad known him for acme three or four years before leaving ogden that be had visited tier fathers house to or three times w lien they bad parties on september 15 she saw mr washburn in the morning while on her way to the postoffice post office between 12 and 1 of alie same day abe went to his room in the kuhn buil Jiny where he was to show her some p chores there was no one there besides witness aad defendant W lien mr aked the question did the defendant there and then have carnal knowledge of your bodye she looked at him for a few moments while ehe lightly tapped one lot on the floor as it embarrassed and then answered clearly yes she did not appear to sense be position as the almi aaion she then made did not beem to effect her as would be supposed of a young girl of her age and raising to mr rogers she stated that the went 0 o the room alone not in company of the defendant and that elie did so to see rome pictures anich lie had to elbow tier ache had never been out riding with him but bad been in bis company several times mr joseph phillips testified that he knew the defendant that he roomed near him that on the day mentioned in the complaint he bad seen defendant but lad not seen miss booth he biad often seen her in company with other gentlemen and bad also seen defendant in emrany other young ladies had feen no impropriety at any of the times when lie had thua noticed the parties deputy butcher was called he testified I 1 arrested defendant this on the street on the way up he told me certain things be did not tell them ander adv fear or compulsion but freely in fut f ut 11 id him not to tell he took the complaint and apparently read it he then said what dita did this goffne offne occur I 1 said ahrea weeks ago to mairow meaning sunday lid then said she must have given the whole ihirg SM ay then but I 1 think the gentleman is a fool to institute the complaint tor she is equally as guilty as 1 am this conversation occurred while I 1 was taking him to the office the prosecution cution rested the defence asked tor the release of the dant mr rogers opened on he motion this crime has if corn been committed by pons and one h the accomplice of the other alie statutes of the territory expressly provide that alie defendant cannot be cun isted on the testimony of the accomplice alone where ia booths testimony corroborated by any of the other testimony introduced mr phillipa testimony only proves that he had seen them together as lie had seen miss booth w etli other gentlemen and mr washburn with other ladies mr butcher testifies hit defendant defend and asked him when the offense offence was alleged to have been committed although he had joet alien finif hid reading the warrant for bis argost which stated that the of fence had on alit of As to the adais iun that eliease equally as guilty as be that only tends to show that an of fence had been committed it does cot go to corroborate her testimony and does cot therefore come within the in these cases this man may be an guilty as judas iscariot when be betrayed ids master but there is no evidence here to prove it he therefore asked that alia defendant be released rele aeed mr reread re read the quoted by mr bogers and held that evidence had beean intro danced to corroborate the testimony of miss booth that the offense bad been committed her testimony was not to be thrown out alto eili r it was boly necessary to h that defendant was theman re feind to in her testimony and that by evidence independent of herc that being done it was to hold him mr boeer renewed bh ainoo wih greater nce it all the teddi mony surrounding t not to secure conviction it wan not in the province of the court to hold alic del n lant it woud work a hardship to place him in jail ivr month 1 awaiting the action of the crand jary this was a caie that never have come before the court it was to be regretted that a you well known in gariety was to have such a charge brought him and be 9 f a convict among bis fellow men and that a lady the daughter of one of alie most ble and well known men in the city should have this f aftin thrown on her character defendant should not be forced to undergo this hardship the motion to dismiss the case was overruled by din court and the defendant 8 relemo rele MJ on iha which had already been furnished broth v as hell in the sam oi lo 10 alpar before the grand jury as a witness in the case |