Show rT GILLESPIE AND NEFF The Former is Convicted Upon One i Count and Gets the Usual Dose i The Testimony of the Second Wife is a Clincher Which Clinches The Testimony in the Neff CaseA Number or Honest Witnesses Another good days work was done in the Third District Court today The court opened at the usual hour with the I usual host of lawyers jurors witnesses and spectators all eager to see the work I hegm I THE GILLESPIE CASE I The first case taken up was that against John Gillespie who had previously been arraigned upon a twocount u c indictment indict-ment to which he pleaded not guilty I Messrs Sheeks and Richards appeared for the defense with Dickson and Varian for the prosecution The witnesses were called and found to be all present and the work of impaneling im-paneling the jury was then proceeded with The jurors were passed without challenge and the body stood as follows Joseph Foster J B Wilson K P Martin S C Pancake James Winchester S E Underhill W H Roy M Dusseldorf George Shell Wells Clark George Morrison R W Crane Tho indictment was then read to the jnry It charges him with having cohabited co-habited with Catherine Gillespie and Hannah Chamberlain between certain dates named The prosecution then opened fire and began the examination of witnesses BENJAMIN IIOWELLS Was the first witness called He said I live at Tooele am acquainted with defendant de-fendant know Catherine Gillespie she has been known as his wife know Hannah Han-nah C Gillespie Mr VarianWas she known as the defendants wife Mr Sheeks objected to this testimony and the question was changed Witness said She is reputed to be defendants de-fendants wife Hannah Gillespie lives in a house owned by Mr Fiddler before she went to live there she was living down south have been to Hannahs house saw defendant there twice saw i him there at about 7 oclock in the evening even-ing during the first three years Hannah was known as defendants wife she bore his name To defense I first saw Mr Gillespie at Hannahs house in April last it was between be-tween 6 and 7 p m Mr Fiddler was then sick supposed defendant went to see Mr Fiddler as I did I did not stay half an hour either time Fiddler Gil lespie and I were the only persons in the room dont know which of us went there first and dont know which left first the second time I saw him there was at about the same time of day I went there to see Fiddler Mr RichardsHave you any reason to believe that defendant went there for any other reasson than to see Fiddler WitnessNo Redirect If I did leave him there I dont know how long he stayed Mr RichardsWhat has been the repute re-pute as regards Hannahs being defendants de-fendants wife during the past three years WitnessI dont know Mr Richards Was it reputed that they separated while she was away Witness never heard anything of the kind Mr RichardsCan you say that she has been reputed to be his wife during the past three years WitnessNo Excused HANNAH GILLESPIE Was next called She said My name is I Hannah Chamberlain that was my name before I married Gillespie know his wife Catherine she lives with defendant de-fendant I keep house for my brotherin law before I lived with him lived in a house belonging to Fiddler returned to Tooele not quite three years ago went to Gillespies house soon after I returned Catherine was there she has seven or eight children when I came back from Tooele Gillespies boys brought me some furnishings for the house his son Peter was one of the boys he is a grown man Harry was another he was about 16 Robert who is about 10 or 15 also brought some things some things were brought there in a wagon dont remember remem-ber having spoken to defendant about these things Mr Sheeks objected to this class on the ground that it was incompetent The objection was overruled and Mr Sheeks took an exception Witness proceeded Dont think I spoke to John about what I needed dont think I thanked him for it saw him a little after he came back he did not come in very often he would drop in sometimes once a week and sometimes two or three or four weeks Philip Fid dler Jr stopped in the house with me it is over two years since he stopped to see me he has been in to see Fiddler since that time before Fiddler was taken sick defendant came there I saw him very seldom when Fiddler was not there Mr DicksonHow often did he stop all night there AVitness Not many times at all Mr DicksonDid he occupy your room or the little boys room Witness Well I guess a mans a right to visit his family when theyre sick Mr Dickson = Answer my question AVitness guess he occupied my room Mr DicksonNow state whether you were sick when he stayed there all night WitnessI was sick he stayed there all night three or four times dunt think he stayed all night when I was not sick he used to ask for Fiddler when he called before Fiddler was sick Mr Dickson NowMrs Gillespiewhen your husband came and stopped all night at your house didnt you and he occupy the same bed AVitness guess we did Excused The prosecution here rested and the defense announced that they had no testimony to offer Mr Dickson addressed the jury briefly reviewing the testimony of the witness Hannah Chamberlin and stat ing that it was conclusive proof of the de fendants guilt Mr Richards then argued for the de fense admitting the defendant was guilty as charged in the first count but assert ing his innocence on the second Mr Dickson made a short reply to this and the case was then submitted The jury was charged and after being out less than fifteen minutes they re turned a verdict of guilty upon the first count of the indictment and not guilty upon the second count The sentence was postponed until 2 p m At that hour the defendant received the usual dose of 300 fine and six months imprisonment 1 I TIlE NEFF CASE J Was next called The indictment in this j 1 i case contains two counts and charges the defendant with cohabiting with Catherine Cath-erine Neffand Eliza Neff Neff is one of the most respectable of I all cohabs All the members of his fam 1 r ily distinguished themselves when before the Commissioner for their straightforward straightfor-ward and honest testimony The jurors were called and after a couple of them had gone down under I challenge the jury stood as follows Edward Berry J L Osborne Bowman Cannon Charles Shields Alfred Thompson S E Underhill W H Roy S C Pancake James Winchester Joseph Foster J B Wilson R P Martin The first witness called was MARTHA NEFF Who said Mv fathers name is Amos Neff know Catherine Neff know Eliza Neff Catherine owns the house where she lives I have lived in this city a quarter quar-ter part of the time during the past three years have visited home every few weeks Catherine has a number of chi dren have seen father twice or three times a year during the past three years he sometimes takes meals there he usually usu-ally takes dinner there have visted Eliza during the past three years have seen father there he makes his home there Catherines children call him father To defenseThere is a street between the two houses he went to Catherines when I sent for him it is understood in the family that she is no longer my I fathers wife Excused At this point the court adjourned until 2 pm AFTERNOON SESSION At the afternoon session Isaac Young was the first witness called He said Have visited Catherines house I have visited there two or three times a year her children call the defandant father have seen him eat there Neff acted as host at the table To defense Have not been to Cathe rines to eat since last June was there an hour in the afternoon took dinner there Amanda called me to dinner defendant de-fendant and Catherine were there Catherines children were there I had been there before in April and in May I remember the occasion of Mr Neffs birthday it was in May I remember a party being given there a year ago last May Neff was there when I arrived at about 10 a m did not get up the surprise sur-prise part on Neff Mr SheeksYou are not on Yen good terms with Mr Neff witness aont think we are J nave I no illwill toward him but he has toward me in a purely business sense I dont feel the best toward him but I have no political or religious feeling against him we generally go out on some holiday or on his birthday was there on the 24th of July 1879 was there on the 4th of July 1885 think I was there last Thanksgiving always find Catherine at home when I go out RedirectLast June when I went out I spoke to him and lie wouldnt talk with me this is the first I knew of the ill feeling one cause to which I assign the trouble was some difficulty about the land another cause was his accusing me of giving him away to the Marshal CATHERINE NEFF Was then called and said I was married I mar-ried to defendant when I was sixteen years old he had a wife named Martha when he married me she died in 1862 he married Eliza about seven years ago I have five children living Mr Neff visits at my house about three or four times a year and he eats meals there I dont always sit at the table with him I sit at the table with him when I am not busy he was last there six or seven months ago he last took a meal there about ten months ago dont know Henry Carri gan dont think I was ever introduced to him in April or May 1882 I might have seen him at the mill with his mother To defense I have five children living in my house with me the girls invite defendant over to my house when we first found out that the Edmunds bill had passed we made an agreement to live apart tmd we have done so ever since know Isaac Young he and his wife have come to my house twice or three times during the past three years To prosecution I go to Elizas house sometimes go once or twice a year I have seen my husband there vas last there about ten months ago have met my husband there at meals Excused The examination of witnesses was still going on when our report closed |