| Show A delarse RE LArSE one charge charce that not 1 S slick flek another that did the examination of E ebenezer woodford on a charge of adultery preferred under the provisions of the edmunds saidi tucker act net took place before commissioner in i S 3 i 0 ner mckay yesterday morning morn ingi the first a hirs loui louiae aa woodford was defendants legal wife she knows smith the latter was married to witness husband atter after witness married him this marriage took place 17 years ago during the past ast seven years defendant bag has rived dived with hie bis second wife witness bad had never been divorced from defendant at the conclusion of the te testimony of this witness mr dickson dickso n asked that defendant be held H he e claimed that there was an abundance of proof of the offense of adultery having been committed it was shown that defendant rud euphron nia smith has occupied together mr dickson argued that if a married man were seen to go into a house of prostitution in the evening and come away in the mor morning that was sufficient evil cab dence to sustain a charge of adultery in this case it was shown that defendant had lived in the bouse house of an alleged plural wife for some time the defense contended for the discharge of the defendant on tho the ground that no act was proven to have been committed the commis commissioner loner however was disinclined to re release lease the defendant the adultery clause he be said was inserted by a massachusetts senator and was the same as am the law of 4 that state A number of decisions under that law hold this class of evidence as sufficient the evidence is subal substantially anti ally the same as that re quiren in unlawful cohabitation 0 cases for the defense Euph Eup ornia bornia smith woodford was called she fied fled that she married defendant 17 year years ago but since MR march ach rd she barnot has not sustained stained eu the relation ofa of a wife to defend defendant aut since eJan january he has been eick sick and witness has occupied a bed with her little boy no sexual intercourse has taken place mr woodford occupied a 0 room by himself in cross examination by mr dickson witness said pleased the 0 only rea son sori she the and defend defendant an ceased living to together jether was defendants ill ness the rigorous questioning of the prosecutor failed to shake witness testimony joseph woodford Vo odford was called abid testified to having baying slept io in bis his moth ers bed every night for the past two months the defense rested and the defendants fen fend danCo ants discharge was asked for after a waif wait of a few moments the judicial kaleidoscope changed and defendant was wao arrested on a charge ot of unlawful cohabitation the corn plaint having been fadeout made out and signed at that time to this new charge the defendant entered a plea of not guilty and submitted the case on an the evidence introduced against the adultery charge Woodford Mr was held on 2000 bonds to appear before the grand jury ur on a charge of unlawful cohabitation hYi tation and was discharged on the adultery charge |
