Show JOHN BERGEN receives the heaviest sentence act given 1 ii i 24 MONTHS imprisonment and 1200 alno with other charges yot to be heard from A bad the case of john bergen was tried iu the third district Court yesterday according to ano salt lake ll erald checks and young agreed that the jury eliat tried mr taylor might earve and alicy were re sworn mr sheeks alien said that iu this case there were four counts jn one indictment and lie moved that the prosecutor be required to elect upon which of the counts ho would proceed the judge overruled the motion stating that alie right of the grand jury to find more than one indictment for the same had been settled by the supreme court of the territory and was now before the court of the united states he would hold that the light to name more than one count in the same existed and the prosecutor could proceed on all together mr an exception Mr Bergen then took the stand and readily testified I 1 am llie defendant the women named in ahn indictment are my wives and we lived together as hua band and wives between may ast 1st and december in 1884 also in 1885 also from january ast 1st to march ast 1st they lived in my house biach sido then case mr sheeks objected to any testimony on the second third or fourth counts to save the point and was overruled judge zane then charged the jury mating that they might find the defendant cuilty on one or more of the counts according as they thought the evidence warranted the jury consulted fur a few moments and then announced that they would like to no to the jury room which caused a look of surprise to steal over the of dickson and mckay mi cheeks allied that the bonds some of the witnesses had given might ba exonerated but mr dick sun opposed this stating that they bu wanted in the other indictments pending these indictments were continued over for the term in about fifteen minutes the jury returned and announced that they found the defendant cuilty on each of the four counts in the indictment mr dickson announced that was still another indictment against mr bergen fur unlawful cohabitation with his three wives and still another woman matilda lundsted alio was confined in the penitentiary as a witness could not furnish bonds itiba is the recent case which has caused considerable comment owing to the charge that bergen had married aliis woman in the logan tem pie since he was indicted on the other charges kiergen was indicted for unlawful cohabitation with lier and was bound over to answer to the ogden grand jury on the charge of polygamy that being the district eliere the marriage occurred mr bergen was seen earnestly gesticulating with his counsel and liis words she is not my wife were plainly heard mr sheeks then said his client would fight this case and ire willied to examine tho jurors and possibly take a liello time to look into the details A new jury was then railed consisting of II 11 J hadley P absent keil gillis T M whitely henry sadler henry siegel cornelius hunt edward rotch S S maxwell aaron sullivan E E brim D C and W E blenny mr sadler confessed an unqualified opinion and was excused L 0 was called in his place and was accepted the indictment waa alien read charging idereen with unlawful co ivits his three wives and with matilda lundstedt during the present month of april then asked until 2 to look into the case and the court adjourned until that time at 3 the jury were in their anil tho opened by the calling of annie A black who fiad ai a i follows I 1 was married to john five years ago the of march of ihie year I 1 have lived in his on franklin avenue he has lived in the earno house moria mattison Mati ison and augusta beren have in the same 1 have known matilda lundstedt Lund about never saw my husband in company with her I 1 cant remember having spoken to him about her lie never fhaid anything to me about her 1 appearing as a witness before the grand jury last thursday I 1 dont remember anything I 1 stately I 1 was pretty near out pamy mind Q dont you elating there that berben biad told you be to marry matilda Q if I 1 said 80 I 1 lied I 1 know what I 1 waa saying anyway ho never did eay any such thine to me the was excused while mr mckay yent the gnad jury notes and mana waa testified I 1 I 1 ave lived in the sime house as annau blai k and jahn bitici carrh ag ata acken lived in the ahouee are four rooms in tho hodic f had a bedr 0 o did cai h of tha oilier know macilda lundstedt i first met her liy ago on the street I 1 next baw her in 61 r Pe adoro atoro about a monah after tie introduced her to ny as matilda it waa two ago last sunday that I 1 went 0 o logan matilda nna john with diio have for gotten who proposed tha trip I 1 called at tho store at in the lie was there and matilda famed few minutes later he had blaid at night before wo remained in loan till the follow ap saturday family J dont know their names never heard thew called by any name I 1 staid with matilda he in another bed in same room ho biad never previously said to mo about her I 1 did not know pha was way to us until fi the carriage I 1 did tier what ehe w forwe all three went to the temple next morning and remained there two hours I 1 was in her company all the morning no ceremony took place we simply cave in our names that morning to pome man whom I 1 dont know on tuesday we went again and remained till 2 or 3 in the afternoon wo acro in the same room all day we baptized for our dead john bergen was in lie same room us all day we went again wednesday and remained til 4 I 1 was in the same rooan with them all day we taking endowments dow ments bor our dead we went again thursday morning and staid till late in the afternoon neither matilda nor john begreen was out of my sight that day we again took endowments for our dead we all three went again agnin friday and re bained till 2 again taking endowments dow ments for the dead we took them one at a time the priest aastha bamo man each day I 1 cribe him ho had a beard I 1 dont know whether he was tall or short black or white on being pressed lie was white I 1 pay how old he was mr young objected to the irrelevancy of these questions and mr dickson did not there were no marriages performed that 1 know of Q will you truthfully say that there was no garringe mar ringe performed to which bergen and matilda lund were parties A I 1 cant say that Q you were in the room all the time A yes sir Q why wont you say A I 1 dont know all I 1 can say is that I 1 see tuch ceremony never heard either of them eay any tiling about it matilda staid with me every night W ri arrived bierc at 8 saturday evening we drove to franklin avenue where I 1 live matilda staid till after 10 and john bergen left with her he said nothing to me of when he would be back I 1 did not say before alie grand jury that he told me lie was going home with her and that lie morning mr dickson read from his grand jury notes and asked her whether she had not said that bolm bergen had counseller counselled coun selled her to deny her mar ariaga with him that she had been blind enough to obey but that now she would tell the ruth she replied that she may have sail lucli a thing slie was excited the grand jury but bergen had never given her such counsel I 1 dont know of bergens having paid matilda attention I 1 once asked liim if he was going to marry her and lie said none of your business I 1 cannot remember how long thia was before we went to logan at this stage williau showell deputy haird and 0 P mason who were bitting on the same bench with bergen informed mr dickson that he was telegraphing silently to the witness by nodding and moving his lips mr dickson asked to have begreen removed which wa adone mr dickson sternly asked the witness whether bergen had not been telling to say she indigo bantly denied it and bergen also shook ilia head resumed augusta and I 1 never had a dispute about bergene marrying matilda annie black was called recalled re and asked whether she did not say last thursday in the grand jury room that bergen had married matilda without tho bishops consent that he had acted shameful with her during the past two months that he had paid to her that he liked that girl and wanted to marry her she made a uniformly unblushing answer coulden couldn t remember and went down deputy E A franks A week ago last saturday I 1 arrested begreen at 1030 or 11 on sec nd south street in the building known as the snow building 1 tapped on the door of the building where I 1 had been in formed bergen was no response came and I 1 borrowed a chair and looked through the transom I 1 saw what I 1 took to bo two bernoni in bed I 1 got down and knocked again I 1 looked again the parties in the bed were gone no response came and I 1 split the door in with my knee A hat I 1 had previously noticed was gone and I 1 supposed they were trying to yet away there were two ahoua in the bed aud alie bed wa still warm I 1 saw there and as I 1 could not get in there I 1 went on the outside and raised the window to that room I 1 had not it half raised when some one on the inside drew it down again I 1 then took out my tol for the purpose of breaking the glas first informing careen that I 1 had a warrant for his arrest he then eaid dont break the window come around to the ernnt I 1 went in and berg en and matilda lundstedt Lunda camo out of the he had on his hat and his overcoat but no pants she had on what I 1 should call a aup eown I 1 told them thai if they could not give bonds y would have to KO out to tle pen ho naked me whether I 1 roust take ho wife out to the pen in such weather tho defendant here squirmed violently and looked a thousand angry denials I 1 told him I 1 must unless she could furnish bonds the witness here closed and mr said lid would submit alic case mr shocks and mr youn dryly said aliey had nothing to otter mr merely asked that the court instruct the jury that an act of illicit intercourse in itself was not to unlawful ci habitation the jury was briefly charged to this knect and retired in a short fmc they returned u verdict of guilty mr alecks said his client was ready for sentence now mr dickson bild tie would for sentence in this last cac but only in the four counts of the mornine tho lat rase might come up ahn the polygamy wis settled in fogdt n judge zane llian ernen up and raid the jury mr bergen have found you gullay upon four count it now my duty 10 sentence you la it your intention to obey the law in tho fuire conr lionor I 1 can not make any 0 o my conduct iii the judge you will bc sentenced to acif months imprisonment and 1300 on each count the time on thy second count to at the expiration pi ration of the first and soon you will stand committed till the expiration of the fil terra twenty four months ancl the payne of he fine 1200 and cobb bergen was at once taken otho pen to a bursilar bur filar he raised abts wrist to whew ahw crowd his manachen mana clen as triumph ant as it lie had reached the end of his twenty four months instead of jait botne about to enter upon iho evidence as every one will see is sufficient to make out a polygamy case and in addition to those already established and there is every of seven yeara ond six months in iho pen in view of all the unsavory circumstances connected with his case there will be very few willing to extend him much sympathy |