Show COURT apo arraigned on the th e people ys ciul melr M lq opening of court john was admitted as a citizen of the united states thomas granland Gran tand andrew adams son of were also admitted alio case of the territory of utah Vs graham and muir tho defendants fend ants are charged with with intent to commit a rape on one hannah mccracken at mendon cache county on the ath day of october last A jury was ems paneled to try the case the grand court and reported under territorial law CS varian by W W maughan Maug hau prosecuting attorney for cache county appeared for the prosecution and G J marsh and hon P H emerson represented the defendants C M park of Logan was called resides in logan and is acquainted explained the diagram of the house eliere the alleged assault was committed which had been prepared miss hannah was sworn Is a school teacher by profession fes sion was engaged in teaching al mendan cache county prior to the first of june has been in utah about three years her permanent homo is in worcester pa on the fifth of last november she was in the house in cendou which had been rented for school purposes she was alone in the house on that night she retired about nine after a short time awaken edby hearing invoices outside heard persons come in the east gate to the east door conre one rapped and she asked who was there they answered me on being asked what they wanted they replied that they wanted to join hd church informed them iti was no time to join church and also that it was not a church some further conversation ensued about the school and the person who was talking retired came and after further conversation the south door was broken into the all locked ai struggle ensued between witness and the person alio broke in and she final ly got away but whether she was released or whether she freed herself witness does not remember she was exceedingly nervous and excited her assailant said to her what are you hallowing hallooing hallo about I 1 will meet you in daylight could not recognize the voice witness escaped to mr hardmann Hard mans house was met at the door by mrs hards man and they retained ret arned to witness room and got a light there was nothing disturbed there was a watch and money in the house tut nothing was taken thea found a mans hat a brown felt one considerably sider ably worn in the room wits dressed and spent the rest of the night at the place where she boarded saw the defendants on the the occurrence they called at the house and requested a private conversation with the witness who said ehe could not have such conversation with them and a lady anres ent remained muir said they nad heard they were suspected of having committed ahe assault of the night previous but they said they were not the persons and asked if witness could recognize them the lady present was mrs murphy aa recess till two pm was taken AFTER SESSION mr charles W hemenway was arraigned on the charge of libel arid was given till monday to plead charles powers and james thompson were arraigned on the charge of burglary committed on the of june by breaking into a C P car in the county of box elder thompson plead not guilty but powers took till monday to plead and judge heed was appointed to represent the defendant The defendant powers stat eato the Court that he bad already been tried convicted and sentenced to GO days imprisonment fur the same instructions were given by the court for this matter to miss mccracken continued her testimony the assault frightened her terribly muir admitted in the justices I 1 courtl hat he one who camo iu the house and graham stayed on the outside cross examined by GJ marsh A number of the questions and answers during the first part of the cross examination were inaudible to all except the witness and the attorney muir ran toward the east witness went across the street the latch of the middle door waa broken witness had been in the house three days when the assault took place the defendants defend anta were influence of liquor dont recollect whether ahe question if there was any threats made was asked in the justices court muir said in tho justices 8 court that in running around the bouso ho fell and in falling he wont against the door which burst open and before he could recover he ical against the second door which also broke open and fell offhand bo could not if his intoxication ho said wae the cause of his fall mrs rebecca Har droan was called heard a noise on tha fifth of october miss mccracken came to her house much agitated and dressed only jn her night attire witness furnished her edae clothes and they went back to the heue an reif orthis witness testimony was cor abiva of lint of miss mccracken cross examined miss mccracke Mc Crack c n said ehe met alio person who came in the house nd pushed him out before her the had been used for young people to gather in during the evening for some time 0 V park recalled re called examined the doors and took up the piece of the catch of the middle door which was broken oft the piece was produced in court muir in his examination in the lower court said he was in the house D B richards was sworn was city marshal last october testified to circumstances connected with the arrest of defendant and as to where they live with reference to the at the our going to press this case was still in progress |