Show i < I MISSED ON MOULTON One of the lEcher Suspected Goes pn His Way RejoicIng The Evidence in Such Shape That Commissioner Com-missioner HcKay Discharges the Case And Joseph Will Keep His Weather Eye on the Deputies After This Toseph Moulton of Heber City arrested ar-rested Wednesday morning on a charge I of unlawful cohabitation appeared before i Commissioner McKay yesterday forenoon I for examination and the case was postponed post-poned until 10 oclock this morning Shortly after the appointed time Prose cutor Dickson and Mr F S Richards for the defense appeared npon the scene and I the case was taken npn The defendant I listened to the complaint charging him with unlawfully cohabiting with Ann and Mary Moulton as his wives since 18S2 to September 1st 1885 A plea of not guilty was entered by the defendant and the first witness I loom OF KAXAB Was called to the stand sworn and testified tes-tified as follows Mr Dickson Aro you acquainted with the defendant AYes sir QHcw long have you known him AFor about eighteen months QWere you ever employed by him I AYes sir Last fall I helned to thrash his grin QDid you stop n the defendants Louse AYes sir Three of us took our meals there QDo you know this lady back of you AYes sir Mr Moulton intro duced her to me as his first wife QDid you meet her children A Yes sir I saw several children about the house QDi they call her mother and the defendant father AYes sir QWhat other visits if any have you made at Mr Moultons house A Well I have visited the house three times Once to do threshing again to take a contract to do some building and the other day in company with Mr Shields to serve the papers for this case QWhat took place on these visits AI was introduced by the defendant on my first visit to his wives V HK THOUGHT I WAS A MORMON And said Brother Moore this is my first wife and this is my second mean ing Mary Elizabeth and ary Elzaheth Annie When we served the warrants of arrest last Wednesday he said he did not think I would arrest him and that Annie was confined and away from my reach He sent his boy to warn her I presume The warrant was read to him and he said You know I have three wives and 1 intend in-tend to live with them and serve my re ligion DicksonThat will do Mr Richards Where did this last conversation con-versation take place AIn front of his house QWhio else was present at the time ANo one else I I QNow tell the whole conversation as it took place AOn meeting him I said good morn ing Mr Moulton and we shook hands I told him I had a warrant for his arrest and he said Moore you know I have three wives and INTEND LIVING Jtt RELIGION If I OO TO THE PENITENTIARY For it I asked him to step aside with I me and Mr Shields would serve the i warrant which was done I After going over pretty much the same line of evidence brought out by the other side Commissioner McKay asked the witness who were there when he went to do the threshing to which he replied the two women introduced to him by Moul ton as his first and second wives lIoul Mr Richards When I asked you what date it was on which you visited Mr Moultons house you said the 25th of January Jan-uary 1884 How do you remember the time AI made out a bill bearing the date which I recently transferred to my memorandum Mr Dickson addressing addressing I rRs AN n uonTT01 You may take the stand please Mr RichardsWe object to her being sworn Mr DicksonI insist that the witness winess be sworn V The CourtStand up please and take the oath Mr DicksonWhat is your full name AMary Elizabeth Moulton Q Do you know Ann Moulton Richards We object to anyfurther objet t any examination ex-amination of the witness DicksonAre you the legal wife of the defendant AYes sir RichardsYour Honor I move that i I the defendant be discharged as nothing has been shown in the testimony to warrant war-rant a holding for the charge in the complaint com-plaint Nothing was shown in Mr Moores statement to prove that Mr Moulton is guilty of unlawful cohabita tion i Ann Moulton is confined The defendant simply states that he will live his religion and nothing more lve DicksonThere has more sufficient evidence given to warrant the defendant being held over The testimony of Mr Moore has not been contradicted by Mary contdictd l1ar TVTnnlfrm or anyone nloa htlC vTA nH were introducedand not disowned as the defendants wives I is a known fact that such men take and glory ad pride in prde boasting of their intentions to live their religion as a commandment of God as these trials have shown RichardsI claim i his second wife is confined it does not figure in this case I and the prosecution has no right to raise I A PRESUMPTION OF GUILT From incidental statements which I be I hove are untrue and then call us in to explain away such claimed convictions convctions Commissioner McKayThere seems one new feature in this case on which I want to consult several authorities I authortes will consider the mater until 2 oclock unt this afternoon I Promptly at the set hour for the deci sion Mr Moulton tobk a seat facing Com I missioner McKay with Mr Richards at his side The Court summed up the evidence and his conclusion was based baed wa on the fact that Mr Moore did not testify j asnrprlv th thn fn testy I u nUWll n re tne same parties set forth in the complaint a Ann and Lizzie Moulton complint Moulon Severl other lacking proofs of guilt on the part of the defendant a charged were alluded aluded to by the Court He said in this case the evidence against the de fendant consisted of admissions not contradicted I the marriages were marages shown unlawful cohabitation would I presumedly follow which evidence was not contradicted bv the witness when j i it rested in the power of the defense to explain away the presumption which preupton might under the circumstances warrant circustnces the holding of the defendant The court bought the convicting evidence not cour Icient to hold Mr Moulton and dismissed the case The bondsmen were dmissed charged Mr Moulton and his wife wie thanked the Court very kindly and bid ding goodday retired from the confines of confnes unlawful a uncomfortable V courtroom to the I i |